The Council of Ministers approved a bill, proposed by Prime Minister Giorgia Meloni and Justice Minister Carlo Nordio, that changes the rules on imputability of minors aged between 14 and 18. The measure amends Article 98 of the Penal Code by introducing a relative presumption of capacity to understand and will for anyone who, at the time of the offence, has turned fourteen but not yet eighteen.

The reform does not lower the age of criminal responsibility, which remains set at 14. Until now, for a minor between 14 and 18, the judge had to verify case by case the capacity to understand and will at the time of the offence. Under the new rule, the minor will be generally presumed capable of understanding the meaning of their actions, unless the contrary is proven before the judge. In other words, the burden of proof is inverted: previously incapacity was presumed, now responsibility is presumed. The reduced penalty established by Article 98 of the Penal Code for minors remains in place.

Minister Nordio clarified that the age of imputability was not lowered but the burden of proof was inverted, in order to facilitate investigations starting from the assumption that a sixteen-year-old is capable of understanding and will. The measure is part of the broader security and youth crime strategy launched by the government following the Caivano decree.

Prime Minister Meloni announced the measure with a video posted on social media, stating that those who make mistakes must answer for their actions even when they are minors. She also recalled other measures already adopted: arrest for minors caught with a weapon, rules against the spread of knives, and harsher penalties for group vandalism. Meloni however acknowledged that the law alone does not solve the problem and that one cannot reason solely in terms of repression, citing the need for support to families, schools, training, sports centers and a presence in the most difficult areas.

The opposition criticized the initiative. PD secretary Elly Schlein called the measure propaganda, also raising the issue of fuel prices returning to 2 euros per litre. Devis Dori of Alleanza Verdi e Sinistra spoke of a perverse mechanism that would make minors imputable regardless of the judge's assessments. Michela Di Biase, PD group leader in the parliamentary commission for childhood and adolescence, stated that a minor cannot be considered a miniature adult and that criminal responsibility must continue to take into account the path of growth and maturity.

According to la Repubblica, within the governing majority the League and Brothers of Italy welcomed the measure favorably, while Forza Italia reportedly held a more lukewarm position. This latter element is not confirmed by other sources.

The NGO Save the Children expressed concern, arguing that considering a minor over fourteen as a rule imputable risks sending the message that the penal response to adolescents' mistakes should be the same as for adults. The organization cited the decline in non-lieu-to-proceed rulings for ascertained immaturity, which fell from 256 in 2004 to 60 in 2024, with only 4 acquittals issued by the Juvenile Court in 2024, arguing that given these numbers it would not be reasonable to limit the discretion of the juvenile judge.