Minors in Italian criminal proceedings: a parent's guide
Written and reviewed by Avv. Massimo Romano, admitted to the Italian Court of Cassation — Bar of Naples no. 14553. Last legal review: 6 November 2026.
Minors in Italian criminal proceedings are dealt with by a separate system: its own courts, its own procedure and a purpose the law states as educational. It offers routes that close a case without a conviction, including a probation route carrying no sentence threshold, which keeps it available even on serious charges.
For a parent the practical points are these: the family takes part in the proceedings instead of watching them, custody is the last option but the thresholds for apprehension and detention were recently lowered, and a formal warning can now be delivered to a younger child in a parent's presence, with an administrative penalty capable of falling on the parent.
International criminal lawyer Massimo Romano — Bar of Naples no. 14553, patrocinante in Cassazione dal 23/10/2015 — Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138 — +39 335 669 3954 — Abroad we work through our network of corresponding lawyers in France, Spain, Germany, Belgium, the Netherlands, Austria, Greece and Portugal. Outside the European Union: the United States (Miami, New York, Los Angeles), the United Kingdom (London), the United Arab Emirates (Dubai, Abu Dhabi), Albania (Tirana), Thailand, Turkey (Istanbul), North Africa and South America.
In brief
- Below the age the code fixes there is no criminal responsibility, and above it the court must positively find that the young person was capable of understanding and choosing, which is itself an issue in the case.
- A recent reform lowered the sentence thresholds at which apprehension, arrest and custody become available for young people above that age, and widened the preventive measures that can be applied to them.
- Holding a young person after apprehension is limited to a short period fixed by law, after which they are handed over to a parent, and the record of that handover matters later.
- Measures short of custody carry real content: commitments on study or work, an obligation to remain at the family home, or residence in an authorised community with conditions attached.
- The probation route suspends the proceedings while the young person follows a programme built with the social services, and a positive outcome extinguishes the offence.
- Unlike the adult version, the juvenile probation route has no sentence threshold, which is why it remains available in cases that would exclude an adult.
- Judicial pardon dispenses with any penalty where the court can predict no further offending, but it is granted on a solitary occasion, so spending it on a slight matter is a decision with consequences.
- The family's conduct forms part of the material: what the parents organise around school, home and free time is read as evidence about the environment the young person returns to.
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.
The measures available to a juvenile court rise in weight, and each asks something different of the family. The table sets them in order with what has to be arranged for each.
| Measure | What it involves | What the family has to arrange |
|---|---|---|
| Prescriptions | Commitments on study, work or another structured activity | Proof of enrolment, a timetable and someone accountable for attendance |
| Staying at the family home | An obligation to remain at home, with permitted exceptions | A household able to supervise, and a statement from whoever lives there |
| Placement in a community | Residence in an authorised facility under conditions | Contact with the facility and a plan for schooling during the placement |
| Custody | Reserved for the gravest charges, where nothing lighter is adequate | A documented alternative to put before the court instead |
| Holding after apprehension | A short period before handover to a parent | A parent reachable immediately, with identity documents to hand |
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.
A telephone call about a child
A parent is called from a police station and told that a teenager has been stopped after a fight, a theft, or a night out that went wrong. The words are vague, the officer is busy, and the parent does not know whether the young person is free to leave. Another parent is on holiday with a family and has been told that a child is being held with other children for questions. Another reads a notice from school that mentions a report to the authorities. All are in the same position: something has happened, and the system that deals with minors in Italy works differently from the system they know.
It is useful to describe the common situations. A young person is accompanied home by officers and the parents are told to expect a call from a court. A young person has been taken to a centre for minors and a parent must travel from abroad. A young person is under investigation for something done months ago and a notice arrives at a family address. A young foreigner is stopped with friends and the parents are in another country, unable to attend. Each of these has its own rules about who must be informed, who may be present at questioning and what the court expects from the family.
The reader of this page is almost always a parent, a guardian or a relative, rarely the young person. The task is to understand what the system is for, which decisions are being made about a child and what the adults around the child are asked to do. The sections below describe the immediate choices, the practical effects on school and travel, and the documents and questions that help.
Parents ask what the case can end in, and the juvenile system offers exits the adult one does not. The table compares the ways a juvenile case can close.
| Route | What has to happen | What is left afterwards |
|---|---|---|
| Probation with a programme | Proceedings suspended while the programme is followed and completed | The offence is extinguished and no penalty is imposed |
| Judicial pardon | The court predicts that the young person will not offend again | No penalty, but the benefit cannot be used again |
| Irrelevance of the act | The act is slight and occasional, and continuing would harm development | The case closes without a finding against the young person |
| An ordinary conviction | The charge is proved and no closing route applies | A record, with consequences that have to be managed afterwards |
| Acquittal | The charge is not proved | The case ends, though the file remains in the court's records |
What changes at school, at home and on the road
Proceedings against a minor reach into the places where the young person spends the day. School is the obvious place. A teacher or head may know about an arrest before the family does, and some schools have their own rules on suspension or exclusion that run parallel to the criminal case. Ask the school what it needs in writing, and let a lawyer help you say only what is necessary. The court is interested in the young person's education, so attendance and progress matter, and a school that is supportive can be among the most helpful sources of information.
Home life changes as well. Measures that stop short of custody may place the young person under conditions: staying at home, following a programme, living in a community setting or complying with specific instructions. Parents become part of the structure. They may be asked to attend meetings, to keep the young person to a daily routine and to report problems. For working parents this means time off, and for families with several children it means planning around obligations that arrive without warning.
Travel becomes complicated for foreign families. A young person may not be able to leave Italy while a measure applies, and a holiday may be cut short, with flights lost and accommodation unpaid. Parents who live abroad need a plan for being present at hearings, and a trusted adult in Italy may be needed meanwhile. Phones and social media are scrutinised, and messages, images and videos can feature in the file. Parents should not search through or delete the young person's devices without advice. Finally, the experience affects the young person: sleep, mood and friendships often change, and specialist support from a doctor or counsellor is worth arranging early.
Choices for the family in the opening hours
The immediate choice is whether the young person speaks. Minors are often keen to explain, and officers may encourage it. But a statement made without a lawyer can be used later, and a young person may not appreciate what a short phrase means in a written record. Ask that the young person be assisted by a lawyer and that a parent or another suitable adult be present, and ask for an interpreter if Italian is not the family's language. The price of waiting is a tense interview; the price of talking is that the earliest account becomes the benchmark against which all later accounts are measured.
Another choice is who appears as the defender. A duty lawyer is available but may be unfamiliar with the young person and the family. A lawyer you choose has to be formally appointed, and the notice of appointment must reach the authority. Parents are allowed to act for the young person in this respect, and it should be done immediately.
Another choice concerns what the family says to the other side. Parents of the injured person, school staff and neighbours may call. A reaction in anger or an apology offered too quickly can create problems. A plain, brief message, agreed with the lawyer, is safer. Families also face a choice about the young person's devices: they should be preserved, not cleaned. Finally there is the question of whether to accept a route that ends the case without a conviction. These routes exist and are central to the system, but they ask something of the young person and the family, and a lawyer should explain the conditions before you decide.
What to collect and keep together in a folder
The court that deals with minors looks at the whole young person, not only at the incident. A good folder helps the lawyer present that picture.
- Identity and age proof. Birth certificate, passport or identity card for the young person and for the parents, with translations if they are not in Italian. Age decides which part of the system applies.
- The arrest or stop paperwork. Every paper handed to the family, with the date, the office and the name of the officer. Ask for copies and photograph them.
- School records. Reports, attendance records, letters from teachers and any note about behaviour or achievement. Include sports, music or volunteer activities.
- Health information. Medical conditions, medication, learning difficulties and any previous support from a doctor or counsellor.
- Family details. Addresses, the people who live in the household, the work patterns of parents, and the names of relatives who can help.
- Digital material. A list of the young person's phones, accounts and groups, without changing them. Take a note of anything the police took.
- Contacts. The duty lawyer, interpreter, social worker or officer assigned to the young person.
Keep a diary of calls and visits, with dates and names, because you will need it when the court asks what happened at each stage.
Questions parents seldom think to ask
- Which age category does my child fall into, and what follows from it? The rules on responsibility, custody and the available routes depend on it.
- Can my child be held, and if so, where? Ask about the scale of measures, from conditions at home up to custody, and what the lawyer will argue for.
- What did the 2023 changes mean for this case? The thresholds for detention moved, and you should hear how they are said to apply.
- Is a route available that ends the case without a conviction, and what does it require? Ask what the family must do and for how long.
- What will my child have to do or attend? Programmes, meetings and reports.
- What are the parents' own duties and risks? The family is part of the process.
- Will this appear on any record, and who sees it?
- What happens at school and with travel documents?
- How will I be informed of hearings if I live abroad? Give the court an address and email that you actually monitor, and ask the lawyer to confirm that they have been recorded.
- Who speaks to my child, and when am I allowed to be in the room? Ask which meetings a parent attends, which are for the young person alone, and how the lawyer will prepare your child for each of them.
- What happens if my child does not comply with a condition? Understand the consequences of a missed meeting or a breach before it can happen, and ask who to call if the family runs into difficulty.
A juvenile case is run by several actors whose part in it parents rarely expect. The table assigns the roles.
| Who | Their part in the proceedings |
|---|---|
| The young person | Is heard, and is assessed on capacity, development and environment rather than on the act alone |
| The parents | Take part in the proceedings, may be heard, and may face an administrative penalty where a younger child was warned |
| The defence lawyer | Takes the mandate, proposes a programme and negotiates its content with the social services |
| The social services | Build and monitor the programme and report to the court on how it is going |
| The juvenile court | Decides on responsibility, on measures and on whether a closing route applies |
| The school | Supplies attendance and conduct records, around which the programme is usually built |
When the family lives in another country
Parents who live abroad while a child is in Italian proceedings face the hardest version of this situation. The child may be in the hands of officers or in a community placement, and the parents are far away, with limited ability to attend hearings. The court wants to see the family, and it will ask who looks after the young person, where the child will live and what supervision exists. Parents should be ready to explain this clearly and to name a responsible adult in Italy.
Documents are an immediate obstacle. Proof of parental responsibility, birth certificates and school records produced abroad will probably need translation and, in some cases, formal confirmation of authenticity before the court accepts them. Start this early, because the process is slow. Authorisations for a lawyer or for a relative in Italy to act must also be properly made and may have to be signed before an official abroad.
Communication between the parents, the lawyer, the young person and the social services needs planning. Time zones, work shifts and language barriers can mean that a message about a hearing is read after the hearing has passed. Choose an email address and a telephone number for notices, and let the lawyer know. If the young person's home country has an authority that deals with children, it may be useful to involve it, with the lawyer's agreement. The consulate can help with documents and contact, but it does not argue the case or replace the family. Should the proceedings end with an arrangement that involves returning home, the lawyer should explain in advance how supervision would continue there.
How the firm works when the client is a parent
In these cases the person who calls is usually the parent, and the firm treats the young person as the client whose interests come before all others. The initial conversation covers where the child is, what has been signed, who has been informed and which court is involved. The lawyer will not ask the young person for a long account on the telephone; the aim is to protect, not to interrogate.
Instruction is by email or telephone in English or Italian, with an interpreter for other languages where needed. Parents send photographs of the paperwork, and the firm confirms receipt and explains the situation in plain terms. The lawyer prepares a formal appointment and arranges for it to reach the authority, then attends the questioning, the hearings and meetings with social services. Where a family is abroad, the lawyer coordinates with a correspondent in the family's country to keep the story consistent.
The firm is available at any hour for urgent matters, such as a stop at a police station or a question about a measure, and the offices in Rome, Milan and Naples can receive relatives in person. Children are not treated as small adults: the lawyer will explain what is happening in a way the young person can understand, and will respect the educational purpose the system has. No result is promised. The firm commits to clear information, careful preparation and prompt communication, and it will tell the family candidly when a route is realistic and when it is not.
Mistakes that families make out of love
- Do not coach the young person on what to say. A story that has been rehearsed is easy to detect, and it damages trust in everything the young person later says.
- Do not search through and clean the devices. Deleting content looks like concealment, and it can be an offence of its own. Leave the devices as they are and tell the lawyer what they contain.
- Do not confront the other family. A call or a message from a parent can be presented as pressure and can make a reconciliation impossible.
- Do not post about it. Social media posts by parents or friends can be collected, and they expose the young person to a public that has no right to know.
- Do not skip meetings. Social workers and the court judge the family by presence and cooperation, and absence is read as indifference.
- Do not punish the young person in a way that leads to a worse incident. Pressure, threats and sudden expulsions from the home are noted.
- Do not sign papers for the young person without reading them. A parent's signature can carry duties.
- Do not discuss the case with other children. Friends and classmates may be witnesses.
When something feels urgent, call the lawyer instead of acting alone.
Words the court and the social services will use
Documents in a juvenile case contain terms that are not translated and that describe how the system treats a young person. These are the most likely.
- Tribunale per i minorenni is the juvenile court, with its own judges and procedure. A case against a young person is heard here, not in the ordinary courts.
- Messa alla prova is a route in which the process is suspended while the young person follows a programme set by the court and supervised by social services. If the young person carries it out to the court's satisfaction, the offence is extinguished. The conditions depend on the case.
- Prescrizioni are the mildest protective measure: instructions about study, work or other useful activity.
- Permanenza in casa means the young person must stay at the family home, with limits on going out.
- Collocamento in comunità is placement in an authorised community structure, away from home.
- Custodia cautelare is detention before trial, the last option in the system and reserved for the most serious cases.
- Accompagnamento in flagranza is the act of taking a young person caught in the act to the adults responsible for them, for a limited period.
- Decreto Caivano is the name used for the 2023 decree that lowered thresholds for stopping and detaining minors.
If a notice contains another expression, ask for an explanation before the family replies to it.
About the lawyer
People write to this office from places where Italian is not spoken, and often with documents they cannot read. That is the starting point of the work rather than an obstacle to it. Avv. Massimo Romano practises criminal law and appears before the Court of Cassation; alongside ordinary Italian proceedings he deals with surrender requests, extradition, and the situation of foreign nationals facing charges in Italy. Send or read out what you have: a notice, a receipt from a search, the name of the prison, a lawyer's letter in another language. He will tell you what the document is and what it obliges you to do. The call is followed by a written note setting out what the office can take on, how the file will be handled between Rome, Milan and Naples, and who in the family will be kept informed. Those conversations are held in English whenever that is what the family needs.
Write on WhatsApp or call. Have ready the identity details of the person concerned and a photograph of every page you have received, in whatever language it is written.
Avv. Massimo Romano — criminal defence lawyer, admitted to the Italian Court of Cassation
Iscritto all'Ordine degli Avvocati di Napoli n. 14553 | Patrocinante in Cassazione dal 23/10/2015
Roma, Via Avicenna 97, 00146 · Milano, Via Giuseppe Pecchio 3, 20129 · Napoli, Corso Umberto I 237, 80138
+39 335 669 3954 · WhatsApp