Weekend unrest in Milan: What penalties could the 34 detained minors face?

Images recorded on October 17 and 18 in Milan have made headlines across Italy and Europe. A group of teenagers who took over the city’s main streets, damaging and stealing from several shops, were taken into custody by law enforcement.

After two days of unrest, authorities took 271 people to police stations, 220 of whom were minors. Detention was sought for 11 adults, while the arrests of 34 minors were officially confirmed.

Those involved face charges of property damage and looting, as well as resisting police officers under aggravating circumstances.

Italian law provides for a prison sentence of between 8 and 15 years for destruction and looting, with the possibility of a harsher sentence when the crime is committed during protests in public spaces or areas open to the public. For resisting a public official, the sentence ranges from 6 months to 5 years in prison, but aggravating circumstances can increase it by up to half of the initial sentence.

What legal consequences do the minors face?

The legal treatment of minors differs from that of adults. When a minor is found guilty, the sentence may be reduced by up to one-third, in accordance with the provisions of the juvenile criminal justice system.

This means that if the court imposes the minimum sentence of 8 years for destruction and looting, the maximum one-third reduction would bring the sentence down to 5 years and 4 months in prison.

However, this does not mean that every detained minor will be sent to prison. The final decision depends on the specifics of each case, the evidence gathered and the court’s assessment.

Legal reform on the criminal responsibility of minors

The recent events have also brought back into the spotlight the changes approved by the Italian government concerning the criminal responsibility of minors.

Based on these reported changes, a minor’s ability to understand the consequences of their actions and control their behavior no longer has to be established in advance in every case—it is presumed to exist until evidence to the contrary is presented. However, criminal responsibility may be excluded if the evidence shows that the minor did not possess this ability at the time the offense was committed.

Prison is not the only solution

Despite the seriousness of the charges, Italy’s juvenile justice system aims to avoid imprisonment whenever possible and favor rehabilitation, education and reintegration into society.

Depending on the sentence imposed and the applicable legal conditions, minors may benefit from a suspended sentence or alternative measures to imprisonment.

For sentences of up to three years, a suspended sentence may be considered, while in cases that meet the legal criteria, alternative measures may be requested, such as placement in an educational center or remaining under supervision while complying with obligations imposed by the authorities.

Therefore, the future of the 34 minors whose detention was confirmed will be determined by the court proceedings and the individual circumstances of each case. Confirmation of detention is not a final finding of guilt, nor does it automatically mean that they will serve their sentences behind bars.