Criminal responsibility of minors: the perspective of Italian criminal law.

The present work research has the aim to develop the peculiar phenomenon of juvenile delinquency and the related legal discipline of imputability of minors, with specific reference to the Italian legal framework. The principal intention has been the one to present and define what does criminality mean ‘per se’ by placing the subject matter in a more general context: this activity included a reference to when it was born and firstly conceived also observing the social dimension, the main psychological factors annexed and the evolving relationship between the minor and the community. Secondly, after conducting analysis on the statistics and relevant data with relation to the levels of juvenile delinquency in different areas of our country (according to nationality and age), the attention has been transferred to develop the concept of minor age, basing on Artt. 97-98 of the Italian penal Code. Furthermore, the specific cases in which an adolescent is presumed to be accused of having committed a crime and which are the prerequisites and mandatory conditions pre-established have been delineated. This section continues with the presentation of the concept of maturity, being the central idea around which this thesis develops. In conclusion, the international dimension has been underlined by inserting the main relevant articles contained in the UN Convention on the Rights of the Child. The third chapter concerns the definition of criminal punishments and sanctions (other than criminal ones) that are applied to juveniles, modified following Cartabia Reform interventions applied to our Penal Code and officially adopted on 10th of October 2022. In the fourth and last chapter, the main subject focuses on a more in-depth study of the solutions applied (and different to imprisonment): the evident reference is to the educative and rehabilitative measures, together with security ones. A final, central element is represented by the role of the so-called Caivano Decree, with particular attention to the structure of the statute, the relative concerns and the context in general. A final section has been included, containing critical remarks on how this phenomenon is treated and managed, and what should be changed and implemented to guarantee adolescents an appropriate level of education, representing a universal entitlement essential to reduce marginalization, deviance and vulnerability.