Are fines for minors valid?

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

Minors can also receive fines: it happens when they break the traffic code on their moped or microcar, when they get on the train or bus without a ticket, when they use skates or skates in forbidden areas (such as sidewalks and roads). But in these cases, the challenge to whom: the transgressor or his parents? In other words Are fines for minors valid? The question has already interested more than one judge as evidenced by the numerous articles published in this same journal.

More recently, the problem of validity of fines for minors landed the benches of the Supreme Court which was able to establish some key principles with regard to administrative sanctions [1]. We value the situation.

Can a minor be fined?

It seems all too obvious to say that even minors must respect the traffic code and all the legal regulations of our system. So much so that minors under the age of 18, with at least 14 years of age, are also criminally liable: that is, they can be reported, prosecuted, prosecuted for the crime committed; therefore, they must be tried and therefore sanctioned. And since the rules of criminal law also apply to administrative infractions, it is true that a minor can be fined.

Who has to pay the fine to a minor?

However, it is a different discourse who must pay the fine of a minor. If it is true that compulsory schooling exists and that a young person under the age of 18 is probably not yet working because he is training, raising the fines for the youngest would not make sense because they could never pay. Then the law says that the fines imposed on minors must be paid by their parents, who are jointly and severally liable among themselves. This means that the evaluating body will have to demand full payment from both or only one of them, even if they are separate.

What parental responsibility for administrative infractions of minors? On the same civil principles that impute to the first the indemnification of the damages caused by the second. If it is true that a parent is responsibleparenting, must ensure that the child complies with the rules of civil life: rules not only of a moral nature but also and above all legal. Therefore, it is not enough to teach children to be educated, to apologize and to respect others: it is also necessary to teach them in the legality and knowledge of the laws that they must also respect (even wherever the state does not think in with the training school).

Fines for minors are valid

Precisely in order for the parents to be able to pay the administrative sanctions imposed on the minor child, they must be “fined” and then notified.

For the Court of Cassation, if the offense is committed by a minor, the challenge must be made against the subjects “obliged to supervise” with the wording of a specific report towards them.

Indeed, the report must indicate the minor who has committed the crime, but the said report must be issued with respect to the parents who do not respond as joint and several persons responsible, but if they do not prove that they have not could prevent the fact, in a personal and direct way, as criminals and as such they must be clearly indicated in the minutes.

According to the Supreme Court, “in the case of an administrative offense committed by a minor under the age of eighteen, he shall answer, pursuant to art. 2 of Law no. 689 of 1981, also applicable to administrative infractions provided for by the highway code in accordance with art. 194, which he was obliged to watch the incapable, unless he proves that he could not prevent the fact. “It follows that, in the event of an offense committed by a minor,” without prejudice to the obligation to immediately draw up the corresponding assessment report, the notification of the infraction must be made against the subjects obliged to protect the minor with the drafting of a specific report of complaint against them, in which the relationship must be stated with the minor, who demanded the guardianship of the latter at the time of the fact and the specific attribution to them of the responsibility for the administrative infraction ”.

The minor who violates the traffic code cannot be indicated as an infringer in the complaint because the violation must be challenged by the parents.

That is to say, the decision concludes, “the sanction must be imposed on the subjects obliged to protect the incapable, who are personally and directly responsible for the transgression of the law, having omitted the supervision to which they were required. With the consequence that, in this case, without prejudice to the obligation of the immediate drafting of the corresponding assessment report, the infraction must be challenged stating the relationship existing with the minor at the time of the fact, which required the ‘specific attribution to are responsible for the administrative infraction’.


Note

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

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