Italy moves to presume criminal responsibility for minors aged 14-18

The Italian government has approved a bill that would presume criminal responsibility for people aged 14 to 18, reversing the current system under which their ability to understand and control their actions must be established on a case-by-case basis.

The three-article bill, approved by the Council of Ministers on July 23, would amend Article 98 of the Criminal Code. Under the proposed changes, criminal responsibility would be presumed, while the defence would have to prove a lack of mental capacity, Caliber.Az reports via Italian media. 

"Today the government approved a bill that changes the rules on the criminal liability of minors. I'd like to explain what changes and why," Prime Minister Giorgia Meloni said in a video on social media. "I'll start with a principle we're trying to affirm in every area: anyone who assaults, robs, or causes destruction must always pay, even if they're 15 or 16."

"We have not lowered the age of criminal responsibility, which remains 14, and there are no increased penalties. Instead, we have reversed the concept of incapacity, that is, the so-called criminal responsibility of minors, which today must be positively confirmed and ascertained on a case-by-case basis, but from now on will be presumed, and therefore subject to proof to the contrary," Justice Minister Carlo Nordio said.

"With this provision, we have reversed the burden of proof," Nordio added.

Meloni said the measure was aimed at tackling youth crime and gangs, while stressing that tougher rules alone would not solve the problem.

The bill must still be approved by both houses of the Italian parliament before it can become law.

By Sabina Mammadli