FRANCIS ISSUES MOTU PROPRIO OVERHAULING VATICAN LEGAL SYSTEM
A papal document made public today reveals a notable overhaul of the laws that govern Vatican City State, extending many of them to personnel of the Holy See, including those who may be stationed in Holy See offices in other countries, such as nunciatures.
The changes included in the now broader laws – essentially an updating of the Vatican’s penal code thatv was based on a 1889 Italian code – are the criminalization of leaks of Vatican documents, and the fact that acts such as possession of child pornography, prostitution, sexual violence and sex abuse of children are crimes punishable by prison terms of up to 12 years.
Religious and lay personnel are covered in the new norms which are separate from laws that govern the Universal Church known as Canon law.
Pope Francis’ changes were actually long-awaited ones in a legal system seen as outdated and needing revision to be in accord with many of the international accords, agreements and treaties that the Holy See has signed over the years, including the United Nations Convention on the Rights of the Child.
The Vatican today published Pope Francis’ Apostolic Letter issued “Motu proprio” on the jurisdiction of the judicial authorities of Vatican City State in criminal matters, as well as a communiqué delineating the changes made by the papal in the Motu proprio (see below).
It also published an explanation by Archbishop Dominique Mamberti, secretary for Relations with States, the Vatican equivalent of a foreign minister. Click here to read Abp. Mamberti’s statement:
http://visnews-en.blogspot.it/2013/07/archbishop-dominique-mamberti-explains.html
Here is the full text of Pope Francis’ Motu Proprio:
“In our times, the common good is increasingly threatened by transnational organized crime, the improper use of the markets and of the economy, as well as by terrorism.
“It is therefore necessary for the international community to adopt adequate legal instruments to prevent and counter criminal activities, by promoting international judicial cooperation on criminal matters.
“In ratifying numerous international conventions in these areas, and acting also on behalf of Vatican City State, the Holy See has constantly maintained that such agreements are effective means to prevent criminal activities that threaten human dignity, the common good and peace.
“With a view to renewing the Apostolic See’s commitment to cooperate to these ends, by means of this Apostolic Letter issued Motu Proprio, I establish that:
“1. The competent Judicial Authorities of Vatican City State shall also exercise penal jurisdiction over:
a) Crimes committed against the security, the fundamental interests or the patrimony of the Holy See;
b) Crimes referred to:
– in Vatican City State Law No. VIII, of 11 July 2013, containing Supplementary Norms on Criminal Law Matters;
– in Vatican City State Law No. IX, of 11 July 2013, containing Amendments to the Criminal Code and the Criminal Procedure Code;
when such crimes are committed by the persons referred to in paragraph 3 below, in the exercise of their functions;
c) Any other crime whose prosecution is required by an international agreement ratified by the Holy See, if the perpetrator is physically present in the territory of Vatican City State and has not been extradited.
“2. The crimes referred to in paragraph 1 are to be judged pursuant to the criminal law in force in Vatican City State at the time of their commission, without prejudice to the general principles of the legal system on the temporal application of criminal laws.
“3. For the purposes of Vatican criminal law, the following persons are deemed ‘public officials’:
a) Members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it.
b) Papal legates and diplomatic personnel of the Holy See.
c) Those persons who serve as representatives, managers or directors, as well as persons who even de facto manage or exercise control over the entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City State;
d) Any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority.
“4. The jurisdiction referred to in paragraph 1 comprises also the administrative liability of juridical persons arising from crimes, as regulated by Vatican City State laws.
“5. When the same matters are prosecuted in other States, the provisions in force in Vatican City State on concurrent jurisdiction shall apply.
“6. The content of article 23 of Law No. CXIX of 21 November 1987, which approves the Judicial Order of Vatican City State remains in force.
“This I decide and establish, anything to the contrary notwithstanding. I establish that this Apostolic Letter issued Motu Proprio will be promulgated by its publication in L’Osservatore Romano, entering into force on 1 September 2013.”
PRESS OFFICE COMMUNIQUE ON PAPAL MOTU PROPRIO
The Holy See Press Office today published the following communique regarding Pope Francis’ Motu Proprio on matters of criminal law in Vatican City State:
“Today His Holiness Pope Francis issued a Motu proprio on criminal law matters. On this same date, the Pontifical Commission for Vatican City State has adopted the following laws: Law No. VIII, containing Supplementary Norms on Criminal Law Matters; Law No. IX, containing Amendments to the Criminal Code and the Criminal Procedure Code; Law No. X, containing General Provisions on Administrative Sanctions.
“The Motu proprio makes the criminal laws adopted by the Pontifical Commission for Vatican City State applicable also within the Holy See. The criminal laws adopted today are a continuation of the efforts to update Vatican City State’s legal system, building upon the measures adopted since 2010 during the pontificate of Benedict XVI.
“These laws, however, have a broader scope, since they incorporate into the Vatican legal system the provisions of numerous international conventions including: the four Geneva Conventions of 1949, on the conduct of war and war crimes; the 1965 Convention on the elimination of all forms of racial discrimination; the 1984 Convention against torture and other cruel, inhuman or degrading treatment or punishment, the 1989 Convention on the rights of the child and its optional protocols of 2000.
“Of particular note in this context is the introduction of the crime of torture and a broader definition of the category of crimes against minors (including: the sale of children, child prostitution, the recruitment of children, sexual violence and sexual acts with children, and the production and possession of child pornography).
“A section of the legislation introduces a list of crimes against humanity, in particular, the crimes of genocide and apartheid, following broadly the definitions adopted in the 1998 Statute of the International Criminal Court. The section of the Criminal Code regarding offenses committed in the exercise of public administration has also been revised in light of the 2003 United Nations Convention against corruption. With regard to penalties, that of life imprisonment has been abolished and it has been replaced with a maximum penalty of 30 to 35 years of imprisonment.
“In line with the most recent developments at the international level, the new legislation also introduces a system of penalties for juridical persons who profit from the criminal activities of their constituent bodies or personnel, establishing their direct liability and providing as penalties a set of interdictions and pecuniary sanctions.
“In the area of criminal procedure, the general principles of presumption of innocence and due process within a reasonable time have been recognized explicitly, while the power of the judicial authorities to adopt precautionary measures has been increased by bringing up to date the provisions for confiscation and the freezing of assets.
“Also of importance is the modernization of the rather dated norms governing international judicial cooperation, with the adoption of measures in line with the standards of the most recent international conventions.
“The law on administrative sanctions is of a general nature so as to serve as a common framework that provides for the possibility of sanctions in different areas intended to promote respect for the norms, to render them effective and to protect the public interests”.
The communique concludes, “As a whole, these normative efforts form part of broader process aimed at modernizing further the Vatican legal system with a view to enhancing its consistency and effectiveness.”
FYI: THURSDAY, JULY 11
POPE FRANCIS ATTENDED THE FIRST MEETING of the newly-established IOR Referral Commission Wednesday morning in the Santa Marta residence. IOR stands for Istituto per le Opere di Religione, commonly known as the Vatican bank. Participants included the president of IOR and its Superintendents Council, Ernst von Freyberg and Msgr. Giovanni Ricca, recently named to the bank by Pope Francis. He was formerly the director of the Santa Marta. In its announcement of the Pope’s attendance at the meeting, L’Osservatore Romano said the Holy Father Francis wished to be present to encourage the work of the commission.
SUNDAY JULY 14 POPE FRANCIS WILL GO TO CASTELGANDOLFO for the morning where he will lead the noon Angelus prayer from the main door of the Apostolic Palace, in the presence of the faithful who will have gathered in the town’s adjacent main square. Before the Angelus, the Pope is scheduled to meet with the staff of the Pontifical Villas, led by director Saverio Petrillo, with Bishop Semeraro of Albano and with Castelgandolfo Mayor Milvia Monachesi.
THE MASS MEDIA HAS ALREADY SET A RECORD FOR RIO’S World Youth Day: Accredited media now numbers over 5,500, representing television, print media, and photographers. That number is expected to increase between now and July 23 and already surpasses the 4,974 accredited media who came to Madrid for the 2011 WYD. As expected the first international trip of Pope Francis – the first Latin American Pope – has garnered the attention of media from all continents who will, for the duration of WYD – put the spotlight on both Francis and the host nation of Brazil, where Catholics number 165 million, equal to 84.5 % of the population.
VANITY FAIR, ITALY NAMES POPE FRANCIS “MAN OF THE YEAR”: The cover of the July 10 edition is dedicated to the Pope as is an article that starts by quoting Pope Francis who has told priests, “’Be pastors with the odor of your sheep’. What he intended he demonstrated with his trip to Lampedusa. With words (“St. Peter did not have a bank account”) and deeds (the empty chair at a concert) heavier than boulders, his first 100 days have placed him at the top of world leaders who make history. And the revolution continues.” Andrea Bocelli said, “Pope Francis is truly a gift from God to his Church so tormented and bent by the forces of evil which are concentrating all their efforts precisely where there is the source of spiritual life that is the source, for all men, of light and hope.” Italian writer and actor Giorgio Faletti wrote: “Jorge Mario Bergoglio immediately struck me as a great communicator, a person whose face inspires that goodness that the representative of the world’s Catholics must inspire, a man who, with his person, has the qualities to repair the scandals that recently have sullied the image of the Vatican and those who represent it.”
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