IMPUTABILITY: AN EMPIRICAL RESEARCH IN THE JUVENILE COURTS

Abstract

Objective

The phenomenon of juvenile delinquency exhibits peculiarities compared to the adult population from epidemiological, criminological, and legal perspectives. From a legal standpoint, there is an absolute presumption of non-imputability for minors under 14 years old, while for those who are between 14 and 18, imputability must be assessed on a case-by-case basis. Analyzing the aspects related to the evaluation of imputability could provide interpretative insights into the phenomenon of juvenile delinquent behaviour and the methods used to assess it.

Methods

Retrospective study conducted by analysing 191 rulings issued in 2023 by the Juvenile Courts of Venice and Bologna, selected from a total of 4327 proceedings concluded at various procedural stages by the two Courts. Data related to the offender, the type of crime committed, and the assessment of imputability were collected and analyzed.

Results

In 2023, the two Courts issued 42 rulings of acquittal for non-imputability concerning minors under 14, 4 rulings of acquittal for non-imputability concerning minors under 18, and 145 rulings of conviction. The Court of Bologna issued four rulings of acquittal for non-imputability concerning minors under 18, two during the Preliminary Hearing stage (0.5% of the total) and two during Trial (1%). The Court of Venice did not issue any rulings of this type. Additionally, an expert assessment of imputability was ordered in only one of the proceedings that resulted in a conviction.

Conclusions

The study revealed that the judicial panels do not favour a particularly thorough examination of the juvenile imputability, also through expert support, leading to a limited number of non-imputability declarations.