A criminal investigation involving a minor requires attention, but it does not equate to a conviction. If a summons, notice or request to appear arrives, it is normal to wonder what will happen, whether parents should speak on behalf of their child and whether a restorative gesture can close the matter. In Milan, as in the rest of Italy, proceedings for anyone who was a minor at the time of the event follow specific rules designed to protect a person still in development without abandoning the ascertainment of facts.

I want to help you distinguish the steps that have different effects. We will see what it means to be under investigation, what guarantees the minor is entitled to, when the irrelevance of the offence and probation can come into play, and why restitution or compensation do not automatically coincide with the dismissal of the proceedings.

What it means to be investigated as a minor

Being investigated means that verifications are being carried out regarding a suspected offence. It does not mean that the minor is guilty and it does not even mean that there will certainly be a trial. A complaint, a medical report, images, messages or statements from other people can initiate investigations; each element, however, must be read in its context and verified according to procedural rules.

The decisive age is the one the minor had at the time of the contested event. Before the age of fourteen, there is no criminal imputability. From fourteen to eighteen years of age, however, responsibility also requires that the minor had the capacity to understand the meaning of their conduct and to self-determine. The fact that they have since become an adult does not transform the proceedings into an ordinary adult trial.

Juvenile trials apply their own rules and, for matters not disciplined by them, those of the compatible criminal procedure code. Presidential Decree no. 448 of 1988 requires its provisions to be applied in a manner appropriate to the personality and educational needs of the minor. This does not weaken the right of defence or lower the level of proof necessary to ascertain a fact: it changes the way the legal system considers the person involved and the possible outcomes of the proceedings. The reference text is Presidential Decree no. 448 of 1988 on juvenile criminal proceedings.

Defence counsel, parents and protection of confidentiality

The minor has the right to an effective defence from the very first acts. An interrogation, spontaneous statements or other choices that may affect their position are not steps to be tackled lightly. Defence counsel serves to make the charge understandable, to verify which acts are already available and to assess whether it is appropriate to make statements, contest the proposed reconstruction or await further elements.

Not answering is not an admission. The right to silence protects against hasty statements, misunderstood remarks or statements made without a full understanding of the consequences. This does not mean that remaining silent is always the best choice: an explanation can be useful when it clarifies a misunderstanding or a marginal role. The difference lies in the content of the acts, the stage of the proceedings and the minor's ability to understand what they are declaring.

Parents support their child, but do not replace their defence. Those exercising parental responsibility can receive communications provided for by law and play an important role in supporting the minor. The procedural position, however, remains personal: the minor must be able to understand what concerns them, be heard within the limits and forms provided and consciously participate in decisions affecting their path.

Personal information enjoys special protection. Names, photographs, audio recordings, screenshots and reconstructions circulated in chats or on social media can make a minor involved in the matter recognizable and aggravate an already delicate conflict. Confidentiality is not meant to hide the facts: it is meant to prevent an investigation or trial from becoming a public exposure of the minor outside the competent forums.

Investigations into the person and proof of the fact are different levels

Knowing the minor's situation does not replace proof of the accusation. In juvenile proceedings, information can be gathered on the personal, family, social and environmental conditions of the minor. School, training, family relationships and activities carried out help to understand what procedural response is appropriate, but they do not prove by themselves that the event occurred or that the minor is responsible for it.

First, what is actually contested is clarified. It is not enough to know that one is speaking, for example, of a dispute, damage to property or theft. It is necessary to distinguish who materially carried out the action, who was merely present, who acted to stop others and who is involved by an incomplete reconstruction. Messages extracted from a conversation, short videos and accounts gathered after some time can have a very different meaning if read in full.

However, personal reconstruction affects the decisions proper to juvenile justice. The judge can consider the minor's resources and context when evaluating paths such as probation. The Ministry of Justice describes juvenile proceedings as constructed in a manner appropriate to the still-forming personality of the minor and highlights the relevance of investigations into their personal condition. Ministry of Justice insight on the trial of the minor.

Irrelevance of the offence and probation: two different tools

When the offence can be declared irrelevant

The irrelevance of the offence requires more than just the modesty of the damage. Article 27 of Presidential Decree no. 448 of 1988 requires the particularly minor nature of the offence, the occasionality of the behaviour and the prejudice that the further course of the proceedings would cause to the educational needs of the minor. The requirements must concur: it is not enough that the minor has no prior convictions, that the property has been returned or that the consequences appear contained.

This definition does not coincide with an acquittal because the fact did not occur. If the minor claims not to have participated, to have been mistaken for another person or to have played a different role, the main issue remains the ascertainment of the accusation. The irrelevance of the offence operates instead on a different level: it concerns conduct considered minor and occasional, for which the continuation of the proceedings would be prejudicial from an educational perspective.

What probation is

Probation suspends the trial to verify a concrete path. The judge, having heard the parties, may order it when they deem it necessary to evaluate the personality of the minor through probation. The project is drawn up by juvenile justice services with the collaboration of local authority services and requires the minor's consent; it may also involve the family, school, training or other entities useful to the path.

The project is not a generic promise to behave well. It may include school or training commitments, socially useful activities, prescriptions and initiatives aimed at repairing the consequences of the offence or promoting reconciliation with the victim. The commitments must be understandable and concretely practicable: a merely formal program does not help the minor and does not give the judge reliable elements for the final verification.

The maximum duration is one year in general cases and three years for the more serious offences indicated by the law. At the end of the period, the judge evaluates the outcome of probation: if it is positive, they declare the offence extinguished; if it is negative, the proceedings continue. Probation is therefore neither an anticipated conviction nor an automatic result obtainable through a simple request. The operation of articles 28 and 29 is also illustrated in the Ministry's publication on the probation of minors.

Contesting the offence and choosing an educational path are decisions that must be kept consistent. Probation does not pronounce a conviction, but a restorative project may assume a meaning difficult to reconcile with a full contestation of the accusation. If the central point is the minor's extraneousness, it is incorrect to treat probation as a shortcut that replaces the verification of available images, messages and statements.

Compensation, restitution and relationship with the victim

Compensating for damage does not automatically extinguish the offence. Returning property, repairing an object or paying a sum can have concrete value in the relationship with the injured party and, if relevant, in the probation project. However, it does not erase the accusation on its own, it does not oblige the judge to order probation and it does not automatically prove that the prerequisites for the irrelevance of the offence are met.

In proceedings before the juvenile court, civil action to claim restitution or compensation is not permitted. Article 10 of Presidential Decree no. 448 of 1988 separates juvenile criminal proceedings from civil claims for restitution or compensation. The victim can assert their claims in the civil forum, but the economic issue must not be confused with the criminal decision or the judgment on the minor's educational path.

Contacting the victim should not be improvised. Insistent messages, pressure to withdraw a complaint or attempts to steer an account can worsen the situation. If a restorative gesture is considered, the other person's freedom must be respected, distinguishing a serious proposal from an initiative carried out solely to obtain a procedural advantage. Even an apology has a different meaning depending on whether the act is admitted, contested or yet to be clarified.

First choices after a notice or summons

The primary requirement is to identify the phase and precise content of the act received. An invitation to appear, a notice of investigation, a summons or a judge's order have different functions. The date of the act, the date of the potential event, the hypothesized offence, the indicated location and the proceeding authority help to understand which decisions are truly urgent and which, instead, require a more complete reconstruction first.

Preserving original material avoids creating new problems. Chats, footage, photographs and messages must be kept in their available format, without cancellations, crops that alter their context or modifications to screenshots. Publishing one's version of the facts online is not useful, nor is urging other people to change or standardize their accounts: the defence must be based on verifiable elements, not on a narrative constructed after investigations have started.

Alternatives depend on the minor's position regarding the facts. If they deny participating, room must be given to elements that can confirm or disprove the accusation. If certain facts are clear, a distinction must be made between a potential dismissal for irrelevance, a probation project and the separate management of compensation consequences. Confusing these paths can lead to inconsistent actions or giving up too soon on clarifying a misunderstanding.

Frequently asked questions

Does being investigated mean my child will be convicted?

No. Registration as under investigation signals that verifications are underway regarding a suspected offence. Proceedings can close in various ways, including dismissal when there are no prerequisites to proceed. A conviction stems solely from a decision adopted according to the rules of the trial, not from a complaint, a report or a summons.

Must parents make statements on behalf of the minor?

No, but their support is important. Parents can accompany the minor and help them understand the acts, without replacing their procedural position or defense counsel. The minor must be put in a position to understand what is being contested and the consequences of the choices concerning them.

Can probation be requested for any offence?

No: the law also excludes certain offences. Article 28, paragraph 5-bis, excludes specified aggravated forms of homicide, sexual offences and robbery. However, Constitutional Court judgment no. 203 of 2025 restored access for the sexual offences concerned where the mitigating circumstance for less serious cases applies. The exact charge and date of the offence therefore matter, alongside the minor’s personality and the suitability of the project: unfavourable restrictions do not apply retroactively. Where no exclusion applies, admission still requires a judicial assessment.

Does compensation for damages close the criminal proceedings?

No, not on its own. Compensation can resolve or reduce the economic issue and can have relevance in a restorative path, but it does not automatically extinguish the offence. The verification of the accusation, potential probation and the civil claim of the person claiming to have suffered damage remain separate.

Can we publish our version of the facts online?

It is preferable not to disseminate identifying details or materials of the matter. Posts, chats, photographs, audio and screenshots can expose the minor and other people involved, besides being easily taken out of context. The protection of confidentiality is particularly important in proceedings involving minors; clarifying facts in the appropriate forums also better protects the defensive position.

Addressing the first acts with clarity

Speed is useful only if it does not produce inconsistent choices. Faced with a notice or summons concerning a minor, it is important to immediately understand which act is attributed to the minor, which phase has begun and whether the priority is to contest the accusation, address restorative consequences or evaluate a path provided by juvenile justice. If you need to address these steps with care in Milan, you can contact me.