Children aged between 14 and 18 are deemed criminally responsible unless proven otherwise. Meloni: ‘Those who do wrong must be held to account’

At present, criminal responsibility is not automatic for young people aged between 14 and 18: it applies only if their capacity to understand and form their own will is established. In future, thanks to a three-article bill approved by the Council of Ministers on 23 July, which proposes to amend Article 98 of the Criminal Code, the Government aims to make criminal responsibility automatic: it will be the lack of mental capacity that must be proven on a case-by-case basis.

The new anti-Maranza crackdown, strongly backed by the Lega and Forza Italia (which has tabled a bill in the Chamber of Deputies that has just been referred to committee, with Marta Fascina as the lead signatory, to lower the age of criminal responsibility from 14 to 13), is based on a reversal of the burden of proof and has the effect of making under-18s fully criminally liable, bringing them closer to the regime applicable to adults.

The draft bill, which *Il Sole 24 Ore* has seen, has the full backing of Prime Minister Giorgia Meloni, who, on the issue of security, as she reiterated to Deputy Prime Ministers Antonio Tajani and Matteo Salvini during last Tuesday’s summit at Palazzo Chigi, has no intention of leaving her right flank exposed to attacks from General Roberto Vannacci. In a video released immediately after the Council of Ministers meeting, Meloni explained the rationale behind the measure: ‘Those who assault, those who rob, those who vandalise must always pay. Even if they are 15 or 16 years old.’ In summary: “Previously, we assumed a lack of capacity; today, we assume responsibility.” And the legislation, according to the Prime Minister, targets those minors who believe they will never be punished, but also those who “think they are untouchable and those who exploit minors as foot soldiers for their own business dealings”.

It was the Minister for Justice Carlo Nordio who, at a press conference, clarified that the measure aims to ‘facilitate investigations’ and constitutes the “final piece in a series of measures, starting with the Caivano decree, which have been adopted in recent years in response to the rise in juvenile crime”. The Prime Minister highlighted the various crackdowns implemented to date: “Arrest for minors caught with a weapon, strict regulations against the proliferation of knives, tougher penalties for group vandalism. And today, a further step forward.”

But Meloni also sought to respond indirectly to those in the opposition who are crying “shame” and denouncing yet another security-focused move – especially one targeting minors. ‘The law alone does not solve the problem, nor, when it comes to very young people, can we think solely in terms of repression,’ she acknowledged, pointing to the absence of families, schools and local community leaders as the root causes of deviant behaviour. “Filling that void requires a great deal of work: we are working on all these fronts, because everything is interconnected: firmness without alternatives is not enough, but alternatives without firmness do not solve the problem.”