Tourists in Rome. Photo: Todd Bigelow / Shutterstock.com Families planning a trip to Italy may soon need to be aware of a significant legal change affecting teenagers.
On July 23, 2026, Italy's government approved a draft law that would change how the country's courts assess criminal responsibility for minors aged 14 to 17, a move that would apply not only to Italian citizens but also to foreign visitors and tourists.
The proposal was approved by the Council of Ministers following a recommendation from Prime Minister Giorgia Meloni and Justice Minister Carlo Nordio. If passed by Parliament, the legislation would amend Article 98 of Italy's Criminal Code.
Under current rules, Italian courts must determine on a case-by-case basis whether a minor between the ages of 14 and 17 understood the consequences of their actions at the time of an alleged offense.
The new bill would introduce a "rebuttable presumption" of criminal capacity. In practical terms, this means that teenagers aged 14 to 17 would be presumed capable of understanding their actions unless evidence presented during legal proceedings demonstrates otherwise.
Importantly, the proposal does not lower Italy's age of criminal responsibility, which remains 14. Existing provisions that provide reduced penalties for convicted minors would also remain in place
While the announcement has generated headlines across Italy, many international travelers may not realize that Italian criminal law applies to anyone who commits an offense within the country's borders, regardless of nationality.
Article 6 of the Italian Criminal Code states that "whoever commits a crime in the territory of the State is punished according to Italian law." As a result, the proposed changes would apply equally to Italian residents, exchange students, and foreign tourists visiting the country with children.
For most families, the legislation is unlikely to have any impact on their vacations. However, it could become relevant in cases involving serious incidents such as theft, vandalism, assault, drug offenses, or other criminal acts allegedly committed by minors.
The government says the bill is intended to strengthen accountability while preserving protections for young offenders. Judges would still be able to determine that a teenager lacked criminal capacity if supported by evidence.
The legislation must still pass through Italy's Parliament before becoming law, where lawmakers may introduce amendments to the text.
In Germany, criminal responsibility begins at age 14, and minors are generally prosecuted under juvenile law, although courts may consider their maturity and development.
In France, there is no fixed presumption identical to Italy's proposal, but minors can be held criminally responsible if they possess "discernment" (the ability to understand their actions). Older teenagers are routinely presumed to have it.
In Spain, juvenile criminal responsibility begins at 14, and minors aged 14–17 are tried under a dedicated juvenile system. Criminal capacity is generally assumed unless evidence suggests otherwise.
Criminal responsibility begins at 12 in the Netherlands. Children aged 12 and over may be prosecuted under the country's juvenile justice system.
The age of criminal responsibility in England and Wales is 10 years old. This means that children under 10 can’t be arrested or charged with a crime. There are other punishments that can be given to children under 10 who break the law.
Children between 10 and 17 can be arrested and taken to court if they commit a crime.