Politics · Italy · 5 hrs ago

Italian judges’ group says security decree risks minors’ rights

Italian judges’ group says security decree risks minors’ rights

Italy’s National Association of Magistrates has criticized a government security decree now being reviewed by the Chamber of Deputies’ Justice Committee.

The decree followed damage in central Milan on October 17 and includes measures targeting crime by minors and offences at public demonstrations.

For 14- to 18-year-olds, it would presume criminal responsibility unless disproved, replacing the current approach of assessing each young person’s ability to understand their actions.

The judges’ group says this could lengthen trials and make it harder for minors without money or family support to obtain expert assessments.

It warns the changes could conflict with constitutional protections and the UN Convention on the Rights of the Child, which links young people’s rights to their maturity and ability to understand.

The group also objects to preventive detention and says a new offence for damage by groups of at least five people is too vaguely defined.

The decree remains under discussion in parliament, where the committee is considering its provisions.

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What people are saying

Chiara ValoriPresident of the ANM commission on criminal law and procedure
raises significant questions of compatibility both with the general principles of the criminal justice system and with constitutional principles
via Il Fatto Quotidiano
the change lengthens proceedings
via Il Fatto Quotidiano
the maturity of minors arrives much later
via Il Fatto Quotidiano
a vague and non-technical notion, likely to create interpretive uncertainty
via Il Fatto Quotidiano