The defense of minors in Italian criminal law


Law firm Gorga, excellence at the service of the weakest

The juvenile process is based on a central principle: to ensure adequate procedural guarantees for the child under investigation / defendant, against whom criminal proceedings are pending, which repents what he has done. At the same time, the child is protected by the square where he is a victim and an offense part of a crime such as pedophilia, pedo-pornography and prostitution. According to what is established by art. 158 of the Italian Civil Code, the prescription of the offense also starts from the child’s legal age, so that he / she has the necessary time to acquire greater responsibility and ability. And if in general, confession is not the essential prerequisite for granting the suspension of the trial, in Naples, where the Juvenile Court is a frontier reality, it is now established practice to renounce the punitive claim in exchange for the demonstration – precisely through the confession of the offender – to have understood the disvalue of his deviant behaviour and to commit himself, with concrete actions, not to commit any kind of crime any more in the future. “At the preliminary hearing, the magistrates have paternalistic attitudes just by understanding the delicate sphere on which they are going to incise” asserts without hesitation the lawyer Clelia Gorga, for years actively engaged in the defense of the weakest.

Attorney Gorga, what are the strengths of his law firm?

In the protection of minors all the factors that must be put in place to defend their security and moral integrity count. For this reason, the Firm is specifically structured so that a minor, who approaches us, finds the possibility of recognizing a safe, peaceful environment that does not generate anxiety and tension. Precisely for this reason, sometimes, also makes use of the specific collaboration of child psychologists or psychotherapists (if the situation requires it) so that the expressions of thought or the motivations of an act or gesture are traced to the wider sphere of personality of the minors.

Besides being an expert in legal-legal matters, she is also very active politically. What are your political actions focusing on?

The defense of minors and women victims of violence is certainly the area on which we are working both professionally and politically. Support and support for victims of violence. In short, I want to be the advocate of the weakest, who is the victim of the injustice and abuse, not only judicially but also from a social point of view, responsibility also personal.

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