Confession and Probation in Juvenile Proceedings: The Cassation Court's Principle in Ruling No. 12007/2024
The recent ruling by the Court of Cassation, Juvenile Section, No. 12007 of December 3, 2024 (filed March 26, 2025) offers an important opportunity to reflect on the delicate intersection between the confession of a minor defendant, suspension of proceedings, and probation under Article 28 of Presidential Decree 448/1988. The case originated from an appeal filed by the defense counsel of M. P. M. L. F., against the decision of the Court of Appeal of Milan, which had rejected the probation request, deeming a simple admission of guilt insufficient. The Supreme Court, while upholding the rejection, clarified the requirements that a confession must meet to be truly relevant in the prognostic judgment of the minor's rehabilitation.
The Core of the Decision
According to the judges of legitimacy, it is not the confession itself that determines access to probation, but rather the "critical" content it must express. The minor must demonstrate an understanding of the seriousness of the act and that they have already embarked on a path of personal maturation. Only then can the judge form a fumus boni iuris (likelihood of a good outcome) regarding future re-education, an essential requirement for the suspension of proceedings.
In juvenile proceedings, for admission to probation following suspension of the proceedings, a confession can only be relevant if it demonstrates the minor's actual critical re-evaluation of their conduct, capable of forming a positive prognostic judgment regarding the possibility of their re-education and reintegration into social life.
This maxim, beyond its technicality, establishes that the minor must "go beyond" a simple admission of the act: an inner adherence to the rehabilitative purposes that the legal system, especially in the juvenile sphere, places at its center is required.
The Regulatory Framework and Jurisprudential Precedents
Article 28 of Presidential Decree 448/1988 provides for the possibility of suspending proceedings with probation, requiring a personalized educational project. The Cassation Court had already addressed this issue:
- Section 5, No. 13370/2013: confession is an indication of repentance, but must be evaluated along with other personality elements.
- Section 5, No. 37018/2019: mere admission of the act is insufficient if not accompanied by a process of awareness.
- Section 5, No. 37860/2021: centrality of the educational project agreed upon with social services.
The 2024 ruling follows this line, emphasizing the need for a dynamic and not merely formal interpretation of confession.
Practical Implications for Defense Counsel and Operators
In light of this ruling, the lawyer assisting a minor must:
- Work from the outset on a path of accountability, involving family and territorial services.
- Concretely document the minor's maturation (school attendance, therapy, volunteer activities).
- Structure the probation request by highlighting the results already achieved, thus supporting a positive prognostic judgment.
Lower court judges are also called upon to provide precise reasoning for the existence – or lack – of this critical re-evaluation process, avoiding stereotyped decisions that could expose the ruling to future challenges of legitimacy.
Conclusions
Ruling No. 12007/2024 emphasizes the rehabilitative function of the entire juvenile justice system, consistent with Article 31 of the Constitution and European Recommendations on juvenile justice. For a confession to have value, it must be a reflection of genuine self-awareness, capable of indicating to the judge a concrete prospect of social reintegration. It is therefore a warning to all legal professionals: probation cannot be reduced to a procedural tool for reducing caseloads, but must remain a substantive path of growth, tailored to the young offender.
