Chiara Nava The violence that occurred in Milan on Saturday, October 17th, and Sunday, October 18th, led to 271 people being taken to police headquarters , 220 of them minors. Pre-trial detention was requested for 11 adults, while the arrest of 34 juveniles was confirmed. According to the information released, the charges include devastation and looting, and aggravated resisting a public official.
The legal consequences can be particularly severe, but specific rules apply to minors, taking into account their age and the educational purpose of juvenile justice. Also causing controversy is the government's bill that proposes to modify the rules on criminal liability for children between 14 and 18: the proposal is still under parliamentary review and is not yet in effect.
Guerrilla warfare in Milan: devastation, looting, and resistance: the penalties provided
For the crime of devastation and looting , provided for in Article 419 of the Criminal Code, the ordinary penalty ranges from 8 to 15 years of imprisonment . The law also provides for an increase when the crime is committed during demonstrations in a public place or in a place open to the public.
For resisting a public official , the basic penalty provided for by Article 337 of the Criminal Code ranges from six months to five years of imprisonment . In the presence of aggravating circumstances, the penalty may be increased according to the provisions applicable to the specific case.
The penalties provided by law do not automatically correspond to those imposed on those under investigation: it will be necessary to evaluate the individual conduct alleged , any aggravating circumstances, and individual responsibilities. The final legal classification of the facts also falls to the judicial authorities.
Minors, sentence reduction and bill on criminal liability
For children between the ages of 14 and 18 who are deemed criminally responsible , Article 98 of the Criminal Code provides for a reduction in the sentence compared to that applicable to adults. For example, applying a one-third reduction to an eight-year sentence would result in a sentence of five years and four months. The actual outcome, however, depends on the sentence determined by the judge and the rules applicable to the individual case.
Juvenile justice also provides alternatives to prison, when the legal requirements are met. However, suspended sentences and alternative measures are not automatic: their applicability depends, among other things, on the sentence imposed, the applicable requirements, and the judicial authority's assessment.
On the issue of criminal liability , the government approved a bill in July 2026 that proposes presuming the minor's capacity until proven otherwise, while still allowing for the possibility of demonstrating that such capacity was lacking at the time of the crime. According to the current parliamentary process, the bill is still under consideration in committee. Until final approval, the current legislation, which requires the minor's capacity to understand and decide at the time of the crime, remains applicable.