ROME. The Council of Ministers today approved a bill that “changes the rules” on the accountability of minors. «Whoever makes a mistake must answer for their actions. Even when they are a minor», explains the Prime Minister, Giorgia Meloni, on X. «Our legal system currently provides that a minor between 14 and 18 years old is liable for a crime only if a judge ascertains that they were capable of understanding and willing. With this measure, that capacity is always presumed. It means – she adds – that the opposite can still be proven before a judge, but the starting point changes. Before, incapacity was presumed, today responsibility is presumed».
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What it provides
According to current legislation, for minors aged 14 to 18, the capacity to understand and will in relation to the committed crime must always be ascertained by the judge, while for adult offenders it is presumed. «With this rule – explains the Minister of Justice, Carlo Nordio, in the press conference at Palazzo Chigi after the Council of Ministers – we reverse the burden of proof, in the sense that we assume the capacity to understand and will» for minors between 14 and 18 years old, «unless contrary evidence can be found following investigations».
The Minister of Justice then specifies: «We have not lowered the age of accountability for individuals» from 14 to 13 years, «nor have we toughened penalties». And then he observes that «the political meaning» of the bill «is to facilitate investigations», after emphasizing that «juvenile crime is sharply increasing both quantitatively and qualitatively».
«Whoever makes a mistake must pay even if they are 15 years old»
For the Prime Minister, in particular, «this rule primarily targets those who think they are untouchable, exploit minors as labor for their own affairs, but also serves to punish those young people who think they can do as they please because they know nothing will happen to them anyway». In short, «whoever assaults, whoever robs, whoever devastates, must pay, always. Even if they are 15 or 16 years old».
The occupant of Palazzo Chigi, therefore, in a video on social media, emphasizes: «Firmness without an alternative is not enough, but alternatives without firmness do not solve the problem. Some results are beginning to be seen, and for this reason, we want to insist, because a just State has the courage to change the rules when they don’t work and has the duty to be strict with those who make mistakes, but also present with those who risk getting lost, because there is no true freedom without responsibility».
The measure approved by the Council of Ministers irritates the opposition. Among the first to comment, Angelo Bonelli, co-leader of Avs, bursts out: «Nordio’s words are very serious. After six security decrees and the Caivano decree, the government admits that juvenile crime has increased. It is proof of the failure of right-wing policies: more propaganda, more repression, less security».
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