Recent news has brought to light a case that deserves deeper examination: does a minor have legal capacity, and can they be fined?

No, a traffic violation cannot be directly contested with a minor, as they are legally incapable. However, the fine can be addressed to the parents.

Article 2 of the Highway Code establishes that the consequences of an unlawful action committed by a minor fall on the parent, who is personally responsible.

Attention, however: this principle does not automatically apply to all infractions. For a parent to be considered responsible, there must be a fault in supervision or education. In other words, if the parent could not have prevented the child from committing the infraction in any way, no responsibility can be attributed to them. Consequently, the potential fine can be canceled through an appeal.

Article 196 of the Highway Code confirms that sanctions must be addressed to parents, and any error in addressing can represent a valid reason for appeal. In fact, minors do not have legal capacity and therefore cannot be considered responsible for administrative infractions. The fine will thus be formally and personally addressed to the parent, indicated as the offender.

The legal system, in these cases, is based on parental obligations of supervision and education. The parent has a duty to constantly and consistently supervise the minor to prevent them from committing unlawful or dangerous acts, for themselves or others.

In the case of a traffic violation, the parent can be called to respond only if they cannot demonstrate that they have taken every reasonable measure to prevent the offense. Another obligation is to educate the child, transmitting respect for rules. The parent, therefore, cannot exonerate themselves by stating that the child is "ill-mannered", as this would represent an additional educational fault.

When to Appeal
The report must be personally addressed to parents or legal guardian. If the fine is instead sent to the minor, this constitutes a formal error that, if contested, can lead to the cancellation of the penalty.

The Court of Cassation, with ruling n. 19619/2022, confirmed that the fine must be addressed to parents, canceling a previously issued sanction to a minor.
The appeal can be based on various formal errors, including:
- Incorrect addressing of the fine to the minor, instead of parents.
- Lack of indication of parental responsibility in the report, which violates the parent's right to defense.
- Absence of proof of parental non-supervision, or conversely, proof that, despite having supervised and educated, the parent could not have prevented the child's behavior.

In all these cases, the Justice of the Peace can accept the appeal and cancel the fine. Another possibility is to file a complaint of falsity, for example, if there is a dispute regarding what the agents declared: if the parent can prove that the minor was not riding the scooter with a cell phone in hand, as reported in the report, legal action can be taken.

The Symbolic Case: Justice Betrayed
Let's imagine an 8-year-old child, happily pedaling on a cycle-pedestrian path, confident in the protection offered by that lane.
Suddenly, they hit an unpredictable obstacle in a state of illegality, for example, a vehicle parked in a no-parking zone, obstructing the path.

Agents intervene, called by the father. Well, instead of removing the vehicle and sanctioning the true responsible party, they issue a fine to the child's father. Such a report cries out for justice, both on a civil level (with an appeal to the Justice of the Peace), and on a criminal level (with a complaint of falsity against the agents).

In such a circumstance, no fault in supervision or education can emerge from the parent, while the true victim - both physically and psychologically - remains the child. And with them, our sense of justice.