The probation program in Italian criminal proceedings involving juvenile defendants is an institution aimed at the positive development of the minor’s personality and their social reintegration, by fostering their capacity for growth. Its purpose is purely rehabilitative, with no punitive intent. If the program is successfully completed, the court may issue a ruling declaring the offense extinguished. Conversely, an unsuccessful outcome results in the continuation of the criminal proceedings.
Two Types of Juvenile Probation in Italy
There are two forms of juvenile probation: the ordinary procedure and the simplified or anticipatory procedure. The latter was recently introduced by the so-called “Caivano Decree” and has been the subject of Constitutional Court judgment No. 23/2025.
The ordinary form of juvenile probation
Ordinary juvenile probation is initiated during the trial phase, and the proceedings are suspended while the minor is placed under the supervision of the Juvenile Justice Services. These services, often in cooperation with local authority services, carry out activities of observation, support, and monitoring of the minor.
It represents an innovation within juvenile criminal proceedings, as—unlike the probation models applied in other countries—it does not require a conviction and instead serves as an alternative means of resolving the criminal case. It does not involve any substantive assessment of the existence of the offense or the minor’s criminal responsibility, and the trial is not held.
The social services develop the probation program based on the minor’s personal, family, and environmental resources, and it is essential that the minor accepts and agrees to the contents of the program.
Proceedings concerning ordinary juvenile probation
The Juvenile Court assesses the willingness of the minor defendant to be placed in an appropriate living environment (often a community setting, characterized by a structured set of rules to be observed), with the involvement and support of social services. This assessment is based on a program tailored to the minor’s educational needs and aimed at the positive development of their personality, as well as on their readiness to undertake a process of critical reflection on the conduct deemed unlawful.
If the minor agrees to this resolution, the trial is suspended for a period not exceeding three years in cases involving offenses punishable by life imprisonment or by a maximum term of imprisonment of no less than twelve years; in all other cases, the suspension period may not exceed one year.
The judge may issue orders aimed at repairing the consequences of the offense and at promoting reconciliation between the minor and the victim of the offense, as well as invite the minor to participate in a restorative justice program, where applicable.
The suspension is revoked in the event of repeated and serious breaches of the imposed conditions.
Legal grounds for exclusion from ordinary juvenile probation
The Cartabia Reform introduced certain exclusions from ordinary juvenile probation: it does not apply to the offenses of aggravated homicide, sexual assault, and aggravated gang sexual assault.
Simplified (or anticipatory) juvenile probation program
The simplified or early-access juvenile probation is a mechanism that allows a minor involved in criminal proceedings to resolve the case in advance, upon a proposal by the Public Prosecutor.
Key features of the simplified (or anticipatory) juvenile probation program
The simplification of early-access juvenile probation lies in the shorter duration of the reintegration program—up to 8 months—and involves a less intensive role of juvenile justice services, since the initiative to draft the program does not lie with them, as in ordinary juvenile probation, but with the defence.
The early-access nature refers to the fact that the measure can be activated during the preliminary investigation phase, at the discretion of the Public Prosecutor.
Proceedings concerning the simplified (or anticipatory) juvenile probation program
During the preliminary investigations, the Juvenile Public Prosecutor, when proceeding for offenses punishable by a maximum custodial sentence of no more than five years, or by a pecuniary penalty—either alone or in conjunction with the custodial sentence—may notify the minor and the holder of parental responsibility of the proposal for early resolution of the proceedings.
The proposal is subject to the condition that the minor undertakes a reintegration and civic and social re-education program, based on a rehabilitative plan that includes performing community service, unpaid collaboration with Third Sector organizations, or other activities benefiting the local community or involving social and relational engagement, for a period ranging from two to eight months.
The performance of work and collaborative activities is a distinctive feature of this legal measure.
The submission of the rehabilitative program—drafted in cooperation also with the services of the justice administration—must be carried out by the suspect or their legal counsel within sixty days from the notification of the Public Prosecutor’s proposal, as part of a process aimed at fostering the responsibility of both the minor and the family.
Upon receiving the program, the Public Prosecutor forwards it to the Preliminary Hearing Judge (GUP), a collegiate body—as affirmed by the Constitutional Court in Judgment No. 23/2025—which schedules a closed hearing to decide on the minor’s admission to the reintegration and re-education path, determines its duration, and suspends the criminal proceedings for the corresponding period.
If the minor chooses not to undertake the reintegration and re-education program, or interrupts it without justified reason, the Preliminary Hearing Judge (GUP) returns the case file to the Public Prosecutor, who may then request immediate trial, which in this context does not require the suspect’s prior interrogation or their custodial status.
If the rehabilitative program is successfully completed, the GUP issues a judgment declaring the offense extinguished; otherwise, the case file is returned to the Public Prosecutor, who may request immediate trial even in situations where such a procedure would not ordinarily apply.
Legal grounds for exclusion from simplified (or anticipatory) juvenile probation.
Simplified or early-access juvenile probation is not applicable to all criminal offenses, but only to those that do not involve particular gravity, provided they fall within the statutory sentencing thresholds previously outlined.
The law firm Studio dal Pozzo offers its own advice in matters of juvenile criminal law.
