Prime Minister Giorgia Meloni’s government has approved legislation that would automatically hold children aged 14 and over criminally responsible, reversing the previous presumption of diminished responsibility for minors. The proposal, aimed at tackling youth gangs and rising juvenile crime, has triggered strong criticism from opposition parties, legal organisations and child welfare groups, who argue that it prioritises punishment over prevention.
Italy’s government has approved a draft law that would automatically subject children aged 14 and over to criminal prosecution, marking a significant tightening of the country’s criminal justice system as Prime Minister Giorgia Meloni’s administration seeks to address youth crime and the rise of juvenile gangs.
The measure, approved by the Council of Ministers on Thursday, would reverse the current legal presumption regarding criminal responsibility for minors. While Italy’s minimum age of criminal responsibility would remain at 14, judges currently assess on a case-by-case basis whether a child under 18 understood the nature of the alleged offence and possessed the capacity to make informed decisions. Under the proposed legislation, that presumption would be reversed, placing the burden on the defence to demonstrate that a minor was not fully aware of the consequences of their actions.
“Those who make mistakes must answer for their own actions. Even when they are minors,” Meloni said in a video published on social media. “It is a principle that we are trying to establish in every area: those who assault, steal or destroy must always pay. Even if they are 15 or 16 years old. Previously incapacity was presumed; today responsibility is presumed.”
The proposal forms part of the Meloni government’s broader effort to strengthen Italy’s criminal code through a series of security measures. Since taking office, the administration has introduced seven security-related decrees and laws, with the latest initiative primarily targeting youth gangs that have emerged in recent years.
The draft legislation has already been dubbed the “anti-maranza” bill, using a term commonly applied to members of youth gangs from suburban neighbourhoods, sometimes involving children of immigrants, who have been linked to violent criminal incidents. The proposal would also apply to minors arrested during street disturbances at demonstrations, prompting opposition parties to argue that the government is attempting to criminalise young protesters.
Meloni said the legislation is aimed chiefly at those who believe they are untouchable and exploit minors for criminal activities, while also serving to punish young people who think they can act without consequences because of their age.
The draft law also contains additional measures previously disclosed by the government. Police would be authorised to detain minors preventively where there are reasonable grounds, including cases involving weapons or dangerous objects. Police chiefs would also gain powers to prohibit groups of five or more people displaying intimidating behaviour and could ban specific individuals from gathering in groups.
The proposal has attracted strong criticism from opposition parties, legal professionals and organisations working with disadvantaged young people, including chaplains serving juvenile detention facilities. The legislation must still be approved by Parliament before becoming law.
Italy’s centre-left opposition argues that the government is relying on symbolic measures rather than addressing the underlying causes of youth violence. The Union of Criminal Chambers, representing 10,000 criminal defence lawyers, expressed concern over what it described as “a worrying cultural regression” and warned of possible constitutional issues.
Save the Children, which has also criticised the proposal, noted in its latest report that Italy continues to have one of Europe’s lowest rates of juvenile crime, although it acknowledged that the problem has grown in recent years. According to the report, 3,968 minors were arrested for theft in 2024, more than double the number recorded in 2014. Arrests for assault reached 4,653, almost twice the level of a decade earlier, while arrests linked to fighting have increased by almost 100 per cent over the past five years. The organisation also highlighted the growing normalisation of carrying knives and other bladed weapons among young people. Earlier this year, the government increased penalties for carrying knives with blades longer than eight centimetres from six months’ imprisonment to up to three and a half years.
Critics argue that the legislation continues a punitive approach adopted by Meloni’s government following the introduction of the Caivano Decree in 2023, named after a town near Naples where two girls were raped by a group of minors. Opponents, including writer Roberto Saviano, have argued that the earlier measures merely increased the number of young people in prison.
Chiara Braga, leader of the Democratic Party group in the Chamber of Deputies, accused Meloni of being “weak with the strong and strong with the weak”. She argued that the government had previously targeted immigrants and was now focusing on minors instead of addressing the underlying causes of crime. Michela Di Biase, the Democratic Party’s spokesperson on children’s affairs, said minors “cannot be considered miniature adults” and argued that criminal responsibility should continue to reflect a young person’s maturity and individual circumstances, calling instead for greater emphasis on prevention, education and support for families.
The proposal comes as Meloni’s governing coalition of Brothers of Italy, the League and Forza Italia seeks to reinforce its law-and-order credentials ahead of the next general election, which is due within a year unless brought forward. The government also faces growing competition from the newly formed far-right National Future party, led by former general Roberto Vannacci, who has accused Meloni of failing to fulfil promises of tougher security policies.
The renewed focus on security has coincided with two recent incidents that have dominated public debate. One was the final conviction and imprisonment of a jeweller from Piedmont who in 2021 fatally shot two robbers after pursuing them as they fled his shop, with Italy’s Court of Cassation ruling that the shooting did not constitute self-defence because the threat had already ended. The second followed the death in Bologna of a man of Moroccan origin with apparent mental health problems while being restrained by police officers, after which a protest escalated into serious unrest involving violent groups. According to the source material, previous episodes of unrest have similarly been followed by additional government security measures and accusations that the political left had contributed to a climate of violence.
