Italy approves new 'anti-maranza' bill making it easier to prosecute teenagers

Meloni government's bill flips the burden of proof for 14- to 18-year-olds accused of crimes, presuming they understood their actions unless proven otherwise. Italy's right-wing government has approved a draft law overhauling the criminal liability of minors, in a move ministers say is designed to make it easier to prosecute teenagers accused of crimes. The bill has been dubbed the "anti-maranza" law, after the Italian slang term for young people often associated with petty crime and antisocial behaviour. Burden of proof The legislation amends Article 98 of the criminal code, which governs a minor's capacity to understand and control their actions. Under the current system, anyone aged 14 to 18 accused of an offence is technically liable to prosecution, but a judge must first establish, case by case, whether they were mature enough to grasp the consequences of what they did, since maturity varies significantly at that age. Under the new bill, that capacity will instead be presumed automatically, as it is for adults, unless the defence can prove otherwise - effectively reversing the burden of proof. Justice minister Carlo Nordio said the change amounted to introducing "a presumption of criminal responsibility", stressing that the age of criminal liability itself remains unchanged at 14 and that sentences have not been increased. He argued the reform reflects the principle that someone who commits an offence at 16 should not be assumed incapable of understanding what they did. Meloni Prime minister Giorgia Meloni defended the measure in a video message posted on social media, saying that "whoever makes a mistake must answer for their actions, even when they are a minor". She said the law targeted those who believe themselves untouchable and adults who exploit minors for criminal purposes, but also youngsters who think they can act with impunity. She framed the bill as part of a broader law-and-order drive that has already included arrest powers for minors caught carrying weapons, tougher rules on knives, and harsher penalties for group vandalism. The government has linked the reform to what it describes as rising juvenile crime, noting that juvenile prosecutors' offices opened 39,616 new proceedings in 2024, up 3.6 per cent on the previous year and nearly 27 per cent higher than in 2021. It presents the bill as the latest step following the 2023 "Caivano decree", introduced after the rape of two young girls in a town near Naples, which increased penalties for young offenders and made custodial sentences more likely. As a draft law, the measure is not immediately in force and must still be debated and approved by both houses of parliament before taking effect. Reaction The proposal has drawn strong criticism from opposition parties and within the judiciary. Figures from the centre-left Partito Democratico (PD) accused the government of "criminalising an entire generation" and choosing propaganda over addressing the roots of youth hardship, while Greens co-spokesperson Angelo Bonelli spoke of an "authoritarian drift". Save the Children warned that the bill could encourage authorities to respond to adolescent wrongdoing in the same way as adult crime without considering the vulnerability of minors at a critical stage of development. Naples chief prosecutor Nicola Gratteri argued the rules amount to "a lot of noise for nothing", since in practice they would affect only around 60 cases a year. Photo credit: vladyslav_bilyy / Shutterstock.com

WIRE — Meloni government's bill flips the burden of proof for 14- to 18-year-olds accused of crimes, presuming they understood their actions unless proven otherwise. Italy's right-wing government has approved a draft law overhauling the criminal liability of minors, in a move ministers say is designed to make it easier to prosecute teenagers accused of crimes. The bill has been dubbed the "anti-maranza" law, after the Italian slang term for young people often associated with petty crime and antisocial behaviour. Burden of proof The legislation amends Article 98 of the criminal code, which governs a minor's capacity to understand and control their actions. Under the current system, anyone aged 14 to 18 accused of an offence is technically liable to prosecution, but a judge must first establish, case by case, whether they were mature enough to grasp the consequences of what they did, since maturity varies significantly at that age. Under the new bill, that capacity will instead be presumed automatically, as it is for adults, unless the defence can prove otherwise - effectively reversing the burden of proof. Justice minister Carlo Nordio said the change amounted to introducing "a presumption of criminal responsibility", stressing that the age of criminal liability itself remains unchanged at 14 and that sentences have not been increased. He argued the reform reflects the principle that someone who commits an offence at 16 should not be assumed incapable of understanding what they did. Meloni Prime minister Giorgia Meloni defended the measure in a video message posted on social media, saying that "whoever makes a mistake must answer for their actions, even when they are a minor". She said the law targeted those who believe themselves untouchable and adults who exploit minors for criminal purposes, but also youngsters who think they can act with impunity. She framed the bill as part of a broader law-and-order drive that has already included arrest powers for minors caught carrying weapons, tougher rules on knives, and harsher penalties for group vandalism. The government has linked the reform to what it describes as rising juvenile crime, noting that juvenile prosecutors' offices opened 39,616 new proceedings in 2024, up 3.6 per cent on the previous year and nearly 27 per cent higher than in 2021. It presents the bill as the latest step following the 2023 "Caivano decree", introduced after the rape of two young girls in a town near Naples, which increased penalties for young offenders and made custodial sentences more likely. As a draft law, the measure is not immediately in force and must still be debated and approved by both houses of parliament before taking effect. Reaction The proposal has drawn strong criticism from opposition parties and within the judiciary. Figures from the centre-left Partito Democratico (PD) accused the government of "criminalising an entire generation" and choosing propaganda over addressing the roots of youth hardship, while Greens co-spokesperson Angelo Bonelli spoke of an "authoritarian drift". Save the Children warned that the bill could encourage authorities to respond to adolescent wrongdoing in the same way as adult crime without considering the vulnerability of minors at a critical stage of development. Naples chief prosecutor Nicola Gratteri argued the rules amount to "a lot of noise for nothing", since in practice they would affect only around 60 cases a year. Photo credit: vladyslav_bilyy / Shutterstock.com

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