Credits to
Giulia Giglio Sarlo

Science and law meet in the search for man

The Court of cassation (Section I, 11607/2018) opens up a new consideration for the young offender

Issue 11/2019

This contribution is an updated and extended version of the article with the same title, already published on the juridical web-portal Filodiritto on April 3, 2019.

Abstract. The Court of Cassation, reversing its previous orientation, acknowledged that cognitive faculties are not perfected at the age of majority, but they are still in the process of development and maturation together with social and affective skills at least up to 20 years of age. This statement requires the judge to pay particular attention to the gradation of the penalty for so called young offenders.


SUMMARY: 1. The story. – 2. The previous jurisprudence. – 3. The most recent decision by the Court of cassation and the change of perspective. – 4. The epilogue. – 5. Science and the judge. – 6. Neuroscience and the judge. – 7. Conclusion.


To read the reflection, click on “open file”.

To download the sentence handed down by the Court of Cassation, Sect. I,  n. 11607/2018, in comment, click here.

To download the sentence handed down by the Milan Court of Assizes,  Sect. I, May 16, 2018, n. 20, in comment, click here


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