Italy reverses burden of proof for minors: capacity to understand now presumed, Meloni says 'who errs pays'

The new presumption

Under current Italian law, judges must ascertain case by case whether a minor between 14 and 18 had the capacity to understand and will at the time of the offence. The bill approved by the Council of Ministers on 23 July 2026 amends article 98 of the penal code to state that such capacity is presumed until proven otherwise. The minimum age of criminal responsibility remains 14, and penalties are unchanged. Justice Minister Carlo Nordio described it as a "relative presumption", not absolute, because the defence can still present contrary evidence.

We have not lowered the age for imputability of minors, which remains 14, and we have not increased penalties. The novelty is the presumption of imputability.

Government's rationale

Prime Minister Giorgia Meloni announced the measure in a video message, framing it as part of a broader crackdown on youth crime. She cited previous steps: arrest for minors caught with a weapon, strict rules against knife carrying, and tougher penalties for group vandalism. The bill, she said, targets both those who exploit minors as criminal labour and young offenders who believe they are untouchable.

Who attacks, robs, devastates must always pay, even if they are 15 or 16. Before, incapacity was presumed; now responsibility is presumed.

Meloni added that "firmness without alternatives is not enough, but alternatives without firmness do not solve the problem." She said the state must be severe with those who err but also present for those at risk of getting lost.

Opposition backlash

The bill drew sharp criticism from the centre-left opposition. Matteo Mauri, the Democratic Party's security spokesperson, said the measure "criminalizes an entire generation" and accused the government of choosing "propaganda and repression" over addressing root causes.

It criminalizes an entire generation. Once again the government chooses the path of propaganda and repression instead of addressing the problems.

The bill will now go to Parliament, where it is expected to face heated debate.

Legislative details

The text amends article 98 of the penal code by adding a sentence: "In the cases referred to in the first period, the capacity to understand and will of the minor is presumed until proven otherwise." It also modifies article 9 of Presidential Decree 448/1988, allowing prosecutors and judges to gather evidence specifically for the imputability assessment. A financial invariance clause ensures no new public spending.

Nordio called the bill the "final piece" of a series of measures that began with the Caivano decree, adopted in response to rising juvenile delinquency.

It is the final piece of a whole series of measures, starting with the Caivano decree, adopted following the increase in juvenile delinquency.

The government also approved contract renewals for school directors and university staff, with monthly increases of 500 euros, and equated academy and conservatory training to university level.

What happens next

The bill is not immediately operative; it must pass through both chambers of Parliament. No timeline has been set, but the government's majority suggests it will proceed. The opposition has vowed to fight it, setting the stage for a contentious legislative battle.