Italy proposes changes to criminal responsibility rules for children and young people

Date: 28th September 2026
Category: Special protection measures

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The Italian Government has approved a draft law that could change how criminal responsibility is assessed for children aged 14 to 18. The proposals have drawn criticism as a regressive measure that would risk violating children’s rights.

Currently, judges must consider whether a child had the capacity to understand and control their actions at the time of an alleged offence. Under the proposed changes, children would instead be presumed to have this capacity unless evidence showed otherwise. The minimum age of criminal responsibility would remain 14, and existing penalties would not change. Nevertheless, the reform would alter the starting point: rather than beginning with an individual assessment of the child, the justice system would begin with a presumption of criminal capacity.

The proposal comes as concerns grow about the increasing use of detention and other punitive measures involving children in Italy. Between 2022 and 2025, the number of children held across Italy’s 17 youth detention centres increased by more than 50%.

There are also significant inequalities in who enters the youth justice system. Ministry of Justice data shows that foreign nationals made up 42.3% of people in youth penal institutions in 2025. This is a clear overrepresentation. Antigone’s 2026 report found that the proportion of foreign nationals increased as measures became more restrictive, reaching 46.03% of admissions to youth penal institutions.

Eurochild has strongly criticised the move. The charity has long called for children involved in harmful behaviour to be treated first and foremost as children and rights-holders. It highlights the links between children’s involvement in crime and factors such as poverty, discrimination, trauma, exploitation, migration, family violence and lack of support.

Read more on Eurochild webpage