| Criminal Code (Codice penale) | A person can be charged with a criminal offence if, at the moment of the perpetration of such offence, they are at least 14 years old and are deemed to be mentally fit to stand trial. |
| Decree of the President of the Italian Republic No. 448 (Decreto del Presidente della Repubblica 22 settembre 1988, n.448, Approvazione delle disposizioni sul processo penale a carico di imputati minorenni) | Children are not detained with adults but in specific detention facilities. They also stand trial in the framework of a specific juvenile justice system. Detention shall be considered as a last-resort measure, whereas alternative measures shall be preferred whenever their application is possible. |
| Legislative Decree No. 121/2018 | Remand prisoners must be detained separated from children or young adults serving definitive sentences. Moreover, isolation is not applicable in juvenile detention facilities, and cannot be used as a disciplinary sanction. Cells must be adapted to the needs of young detainees and cannot accommodate more than 4 persons. Time out of cell cannot be inferior to 4 hours per day: however, this time can be limited in case deemed necessary by the prison’s administrations (no specific detail provided by the Legislative Decree). Time out of cell must be organised and young detainees must be accompanied by prison’s officers and volunteers, and it must be devoted to recreational and sporting activities. Children/young adults are granted 9 visits per month, lasting no less than 60 minutes. Two/three phone calls per week lasting up to 20 minutes are also permitted. |