Are the sentences of minors valid?

The minor must be mentioned in the report, but the offender of the sanction is the parent or the parents who exercise parental authority over him.

Minors can also get fines: it happens when they break their freeway code on their motorbike or microcar, when they get on a train or bus without a ticket, when they are skating or rollerblades in forbidden areas (like sidewalks and roads). But in those cases, the opposition is raised against whom: the offender or his parents? In other words Are the sentences of minors valid? The question has already interested more than one judge, as attested by the many articles published in this same magazine.

More recently, the problem of Validity of fines for minors he landed on the benches of the Supreme Court, which was able to establish some key principles regarding administrative sanctions [1]. We are assessing the situation.

Can a minor be fined?

It seems self-evident that even minors have to respect the motorway code and all the legal regulations of our system. So much so that minors under 18, with at least 14 years of age, are also criminally liable: that is, they can be reported, prosecuted, charged with committing the crime; they must therefore be tried and therefore sanctioned. And since the rules of criminal law also apply to administrative violations, it is certainly true that a minor receives a fine.

Who must pay a fine to a minor?

However, it is a different speech who must pay the penalty of a minor. If it is really true that schooling is compulsory and that a young person under 18 years of age is probably not working yet because he or she is being educated, raising fines for the youngest would not make sense because they can never pay. The law states that fines for minors must be paid by their parents, who are jointly and severally liable. This means that the assessment body must demand full payment from both or only one of them, even if they are separate.

What the Parental responsibility for administrative violations of minors? On the same principles of a civil nature, which pay compensation for damages from the latter to the former. If it is true that a parent is responsible forParenting the child, he must ensure that the minor observes the rules of civil life: rules not only moral but also and above all legal. Therefore, it is not enough to teach children to be educated, to apologize and to respect other people: it is also necessary to give them the legality and knowledge of the laws, which they must also respect (even where you State does not think about it). it with training school).

Fines for minors are valid

In order for parents to be able to pay the administrative penalties imposed on the minor child, it is necessary that the penalties be “agreed” and then communicated to them.

For the Court of Cassation, when the injury of a minor is committed, the challenge must be made against the subjects “required to be supervised” with the elaboration of a specific report Towards them.

Although the report must indicate the minor who committed the insult, this report must be raised with respect to the parents who do not act as jointly and severally liable, but if they do not prove that they could not prevent the act, by personally and directly, as perpetrators and so they must be clear and the minutes indicated.

According to the Supreme Court, “in the event of an administrative violation of a minor under the age of eighteen, the same responds, in accordance with Art. , who was asked to monitor the inability unless he proved that he could not prevent the fact “. It follows that, in the case of a violation of a minor, “without prejudice to the obligation of the direct preparation of the relevant assessment report, the notification of the violation must take place against the subjects necessary for the minors with the preparation of a specific report of the complaint against them, in which the relationship with the minor must be stated, which required him to be supervised at the time of the fact and the specific attribution to them the responsibility for the d. “administrative insult”.

The minor who commits a violation of the Highway Code cannot be identified as an offender in the report, as the violation against the parents must be contested.

In other words, the decision concludes, “the sanction must be imposed on those subjects who are necessary to supervise the incapacitated, who respond personally and directly to the consideration of the law after renouncing supervision,” with the consequence that, in this case, without prejudice to the obligation of the direct preparation of the relevant assessment report, the violation must be contested by the relationship with the minor at the time of the fact, which required specific attribution, giving them the responsibility for the administrative insult “.


Note

[1] Cass. ord. n. 19619/2022.

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