Italy approves bill to ease prosecution of minors

The Italian Council of Ministers has approved a bill proposed by Justice Minister Carlo Nordio aimed at modifying the rules regarding the criminal responsibility of minors aged 14 to 18.

Under current Italian law, individuals between 14 and 18 are generally presumed incapable of understanding and will, meaning prosecutors must prove they were aware of their actions to proceed with a trial. The new legislation seeks to reverse this mechanism by establishing a presumption of capacity ‘up to proof to the contrary.’ This shift places the burden on the minor to demonstrate an inability to understand or control their actions, rather than requiring the prosecution to prove capacity.

Minister Nordio described the measure as a way to facilitate investigations and as a final piece in a series of actions, including the ‘Caivano decree,’ intended to address the recent rise in juvenile violence. The bill must now be approved by both the Chamber of Deputies and the Senate in identical versions to become law.