Milan, 23 July (LaPresse) – “The key change” in the draft bill approved today by the Council of Ministers “concerns the presumption of criminal responsibility. Put simply, a minor’s criminal responsibility must currently be positively established on a case-by-case basis, because there is a sort of presumption of non-criminal responsibility – that is, a presumption that those aged under 18 but over 14 lack the capacity to understand and form their own will. With this provision, we are reversing the burden of proof, in the sense that we assume the capacity to understand and form intent for those aged over 14 but under 18, subject to evidence to the contrary which may be found following investigations.” This was stated by the Minister of Justice, Carlo Nordio, at a press conference at Palazzo Chigi following the Council of Ministers meeting. “There is a shift in the approach to the inability to understand and form intent – that is, the so-called criminal responsibility of minors – which currently must be positively confirmed and established on a case-by-case basis. From now on, however, it will be presumed and is therefore subject to proof to the contrary. It is not an absolute presumption, but a relative one,” he added.
Nordio: “Bill approved by the Council of Ministers reverses the burden of proof regarding the criminal responsibility of minors”
Milan, 23 July (LaPresse) – “The key change” in the draft bill approved today by the Council of Ministers “concerns the presumption of criminal responsibility. Put simply, a minor’s criminal responsibility must currently be positively established on a case-by-case basis, because there is a sort of presumption of non-criminal responsibility – that is, a presumption that those aged under 18 but over 14 lack the capacity to understand and form their own will. With this provision, we are reversing the burden of proof, in the sense that we assume the capacity to understand and form intent for those aged over 14 but under 18, subject to evidence to the contrary which may be found following investigations.” This was stated by the Minister of Justice, Carlo Nordio, at a press conference at Palazzo Chigi following the Council of Ministers meeting. “There is a shift in the approach to the inability to understand and form intent – that is, the so-called criminal responsibility of minors – which currently must be positively confirmed and established on a case-by-case basis. From now on, however, it will be presumed and is therefore subject to proof to the contrary. It is not an absolute presumption, but a relative one,” he added.
