Child neuropsychiatry

Criminal responsibility of minors: reform is only possible if guided by the evidence

by Elisa Fazzi *

30 July 2026

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3' min read

Translated by AI

Versione italiana

Key points

What the figures show
Ways to cope with distress
Not just punishment

3' min read

Translated by AI

Versione italiana

The debate on amending the rules governing the criminal responsibility of minors is one of the most sensitive issues facing our country today. It touches on the delicate balance between security, victim protection, individual responsibility and safeguarding the development of children and adolescents. Precisely for this reason, it requires a debate that avoids both oversimplifications and ideological polarisation.

As a scientific community, we believe that any reform must be based on solid foundations: scientific evidence, the correct interpretation of data, and up-to-date knowledge of the neuropsychological development of children and adolescents. Otherwise, there is a risk of formulating legislative responses based on social perceptions or high-profile media stories, rather than on a rigorous analysis of the phenomena.

What the data tells us

The first point to clarify concerns the data itself. Juvenile violence is a complex phenomenon that cannot be understood through individual indicators alone. The rise in the number of reports, for example, also depends on the willingness to report offences, the methods of data collection and investigative activities. Similarly, the increase in the population of juvenile detention centres is influenced by recent legislative changes and does not, in itself, constitute evidence of a rise in youth crime.

Murder committed by minors remains, fortunately, a very rare occurrence, and the annual fluctuations in the figures do not suggest an upward trend. More generally, the overall number of murders in our country continues to show a long-term decline. Fuelling alarmist narratives does not help us to understand the phenomenon or to develop effective policies.

Responses to hardship

This is not to deny the growing distress we observe on a daily basis in child and adolescent neuropsychiatric services. We are witnessing an increase in clinical complexity, psychological distress, impulsivity, relationship difficulties and aggressive behaviour. Adolescents’ mental health is now one of the most pressing health and social emergencies. A very high proportion of young people involved in the criminal justice system also have neuropsychiatric disorders, often associated with severe family and socio-economic vulnerability.

However, it would be equally wrong to interpret juvenile delinquency solely as the result of a psychiatric disorder. The factors that lead a young person to commit a crime are the result of the interaction between biological, psychological, educational, family and social factors. It is precisely this complexity that calls for integrated responses.

From a neuropsychiatric perspective, the development of the capacity to understand and form one’s own will does not coincide with reaching a specific chronological age. The development of impulse control, emotional regulation, the ability to anticipate the consequences of one’s actions and to take responsibility for them proceeds at a pace that varies greatly from one individual to another and continues well beyond adolescence.

For this reason, the assessment of a person’s capacity to understand and form their own will should remain an individual matter, based on specialist assessments rather than on automatic legal provisions. An age threshold may constitute a legal criterion, but it cannot replace the clinical assessment of an individual young person’s maturity.

Not just punishment

The proposal to place the burden of proof on the defence to demonstrate any lack of mental capacity also merits particular consideration and attention. Such an approach risks creating new inequalities, penalising precisely those minors who come from more vulnerable backgrounds and who face greater difficulties in accessing high-quality specialist advice.

Finally, the debate on criminal responsibility cannot be reduced solely to the issue of punishment. A modern society must be able to balance the protection of victims, public safety and efforts to rehabilitate young offenders. These are complementary objectives, not mutually exclusive ones. The best scientific evidence shows that prevention, early diagnosis, multidisciplinary care, support for families and coordinated work between the health service, schools, social services and the youth justice system are the most effective tools for reducing reoffending and promoting genuine social security.

The legislature faces a decision of great responsibility. As a scientific society, it is not our role to propose a political solution, but to make the best available knowledge accessible so that every decision is based on evidence rather than on the emotions of the moment. Only through sustained dialogue between institutions, the judiciary, the scientific community and professionals specialising in child development can a reform be achieved that simultaneously safeguards the rights of minors, the needs of victims and the interests of society as a whole.

* President of the Italian Society of Child and Adolescent Neuropsychiatry

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