Minors in Italian criminal proceedings: what parents need to know
Italy has a separate juvenile justice system with its own courts, its own procedure and a purpose that is explicitly educational. It offers routes that end the case without a conviction, including one with no maximum sentence attached. In 2023 the thresholds for arrest and detention of minors were lowered.
Age and responsibility
Below fourteen a child cannot be held criminally responsible at all. Between fourteen and eighteen responsibility exists but has to be assessed: the court must find that the young person was capable of understanding and choosing, and that assessment is itself a subject of the proceedings.
Since 2023 a child between twelve and fourteen who commits a serious offence, while not criminally responsible, may be given a formal warning by the police authority, delivered in the presence of a parent, and an administrative penalty may fall on the parent unless they show they could not have prevented the conduct.
Custody is the last option, but the thresholds moved
| Measure | Content | Reference |
|---|---|---|
| Prescriptions | Commitments on study, work or other activity | Art. 20 D.P.R. 448/1988 |
| Staying at home | Obligation to remain at the family home | Art. 21 |
| Placement in a community | Residence in an authorised facility with conditions | Art. 22 |
| Custody | Last resort, for the most serious offences | Art. 23 |
| Holding after apprehension | No more than twelve hours, then handover to a parent | Art. 18-bis |
The 2023 reform lowered the sentence thresholds at which arrest, apprehension and custody become available for those over fourteen, and extended some preventive and administrative measures to minors. The direction of travel matters when advising a family: the system remains educational in purpose, but the entry points to detention are wider than they were.
The routes that end without a conviction
- Messa alla prova. The proceedings are suspended and the young person follows an individual programme built with the social services. A positive outcome extinguishes the offence. Unlike the adult version, there is no maximum sentence threshold, which makes it available even for serious charges.
- Judicial pardon. Where the court can predict that the young person will not offend again, no penalty is imposed. It can only be granted once, which is a reason not to spend it on a minor matter.
- Irrelevance of the act. Where the act is minor and occasional and continuing would harm the young person's development, the case ends with a judgment of no proceeding. It can be applied for early, during the investigation.
- Educational pathway. Introduced in 2023 for less serious offences, allowing the case to be resolved early through a structured programme.
Which of these to pursue is the whole substance of a juvenile defence, and the choice should be made looking at the young person's trajectory rather than at the single incident.
The family is part of the proceedings
The parent or guardian is not a spectator: they attend hearings, they are heard, and their attitude weighs in the assessment. A family that denies the facts or sets itself against the social services materially reduces the chance of access to the routes above.
This is worth saying plainly at the first meeting, because it is counter-intuitive to parents arriving from systems where the family's role is to fight the case.
What is left afterwards
Entries relating to acts committed as a minor follow their own rules, and certificates requested by the person concerned do not report them. That is normally the family's first question, and it deserves a precise answer rather than a reassuring one.
Frequently asked questions
Can a minor be detained in Italy?
Custody is the last of a series of measures beginning with prescriptions and staying at home, but the thresholds for arrest and detention were lowered in 2023.
What is messa alla prova for minors?
Suspension of the proceedings while the young person follows an individual programme. A positive outcome extinguishes the offence, and unlike the adult version there is no sentence threshold.
My child is under fourteen.
Below fourteen there is no criminal responsibility, but since 2023 a formal warning may be given from the age of twelve for serious offences, with a possible administrative penalty on the parent.
Will it stay on their record?
Entries relating to acts committed as a minor follow separate rules and do not appear on certificates requested by the person concerned.
If a minor has been stopped
Holding after apprehension is limited to twelve hours and ends with handover to a parent, so the timescale is immediate. The appointment of the lawyer can be made by a parent. First contact is free and covered by professional privilege, at any hour.