Tendencje rozwojowe włoskiego prawa nieletnich

Abstract

The aim of the study is to look at the developmental tendencies of Italian juvenile legislation. The author introduces the most important laws, documents, and findings regarding juvenile offenders in the Italian criminal, civil, administrative, labour, and constitutional systems. Alicja Grześkowiak ranks them according to their validity and application and analyses the transformation that the code model of dealing with minors in Italy has undergone. Looking at the changes, the author mentions the adoption of Decree No. 448 of 22 September 1988, regulating the criminal procedure with regard to minors, which gave rise to a new model of proceedings. In this act, for the first time, the perception of a minor as an object of care and protection was rejected, and the minor became a subject of law in his or her own right. The publication also includes a description of an amendment that appeared relatively quickly in the Italian legal system, which was the introduction of mediation as a modern type of response to juvenile delinquency. The author then looks at two government proposals for the reform of juvenile law, under the responsibility of the Italian Ministry of Justice, and takes a closer look at some criticism of them by judges, lawyers, and NGO workers. In conclusion, she suggests changes that should be incorporated into the laws relating to minors. The author proposes the principle of minimum intervention, which could contribute more to juveniles’ personality development and the resolution of their problems than the threat of criminal intervention.