Vatican Radio REPORT: Pope Francis has issued a Motu Proprio on criminal law matters and administrative sanctions within Vatican City State and the Holy See. In a statement by the Holy See’s Press Office, it was announced that 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 offences 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.
- 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.
The following is an English translation of Pope Francis’ Apostolic Letter Motu Proprio on the jurisdiction of Judicial Authorities of Vatican City State in criminal matters (Full Text)
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.
Given in Rome, at the Apostolic Palace, on 11 July 2013, the first of my Pontificate. FRANCIS
SHARED FROM RADIO VATICANA
NEW LAWS AIM TO MODERNISE VATICAN LEGAL SYSTEM
Vatican City, 11 July 2013 (VIS) – The Holy See Press Office has today published the following communique regarding Pope Francis' Motu Proprio on matters of criminal law in Vatican City State:
“Today His Holiness Pope Francis has 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 offences 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”.
| ARCHBISHOP DOMINIQUE MAMBERTI EXPLAINS THE IMPORTANCE OF THE LAWS APPROVED BY THE PONTIFICAL COMMISSION FOR VATICAN CITY STATE Vatican City, 11 July 2013 (VIS) – Published below is the full text of a presentation given by Archbishop Dominique Mamberti, secretary for Relations with States, on the laws approved by the Pontifical Commission for Vatican City State: “The laws approved by the Pontifical Commission for Vatican City State bring about a broad-ranging normative change, necessary for the function that this State, entirely sui generis, is called upon to carry out for the benefit of the Apostolic See. The original and foundational aim of the Vatican, which consists of guaranteeing the freedom of the exercise of the Petrine ministry, indeed requires an institutional structure that, the limited dimensions of the territory notwithstanding, assumes a complexity in some respects similar to that of contemporary States. “Established by the Lateran Pacts of 1929, the State adopted the judicial, civil and penal structures of the Kingdom of Italy in their entirety, in the conviction that this would be sufficient to regulate the legal relationships within a State whose reason for existence lies in the support of the spiritual mission of Peter’s Successor. The original penal system – constituted by the Italian Penal Code on 30 June 1889 and the Italian Penal Code of 27 February 1913, in force from 7 June 1929 – has seen only marginal modifications and even the new law on sources of law (No. 71 of 1 October 2008) confirms the criminal legislation of 1929, while awaiting an overall redefinition of the discipline. “The most recently approved laws, while not constituting a radical reform of the penal system, revise some aspects and complete it in other areas, satisfying a number of requirements. On the one hand, these laws take up and develop the theme of the evolution of the Vatican judicial structure, continuing the action undertaken by Pope Benedict XVI in 2010 to prevent and combat money-laundering and the financing of terrorism. In this regard, the provisions contained in the 2000 United Nations Convention Against Transnational Organised Crime, the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and the 1999 International Convention for the Suppression of Financing of Terrorism, are to be implemented, along with other conventions defining and specifying terrorist activity. “The new laws also introduce other forms of crime indicated in various international conventions already ratified by the Holy See in international contexts and which will now be implemented in domestic law. Among these conventions, the following are worthy of mention: the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, the 1989 International Convention on the Rights of the Child and the 2000 Optional Protocols, the 1949 Geneva Conventions on War Crimes, etc. A separate section is dedicated to crimes against humanity, including genocide and other crimes defined by international common law, along the lines of the 1998 Rome Statute of the International Criminal Court. From a substantial point of view, finally, further items of note are the revision of crimes against the public administration, in line with the provisions included in the 2003 United Nations Convention Against Corruption, as well as the abolition of the life sentence, to be substituted by a maximum custodial sentence of 30 to 35 years. “While many of the specific criminal offences included in these laws are undeniably new, it would however be incorrect to assume that the forms of conduct thereby sanctioned were previously licit. These were indeed punished, but as broader, more generic forms of criminal activity. The introduction of the new regulations is useful to define the specific cases with greater certainty and precision and to thus satisfy the international parameters, calibrating the sanctions to the specific gravity of the case. “Some of the new categories of criminal activity introduced (for instance, crimes against the security of air or maritime navigation or against the security of airports or fixed platforms) may appear excessive considering the geographic characteristics of Vatican City State. However, such regulations have on the one hand the function of ensuring respect for international anti-terrorism parameters, and on the other, they are necessary to ensure compatibility with the condition of so-called “dual criminality”, to enable the extradition of persons charged or convicted of crimes committed abroad should they seek refuge in Vatican City State. “Special emphasis is given to the discipline of 'civil responsibility of juridical persons derived from a criminal violation' (Arts. 46-51 of the law containing complementary regulations on criminal matters), introducing sanctions for juridical persons involved in criminal activities as defined by the current international legal framework. To this end an attempt has been made to reconcile the traditionally cautious approach observable also in the canonical order, according to which “societas puniri non potest” with the need, ever more evident in the international context, to establish adequate and deterrent penalties also against juridical persons who profit from crime. The solution adopted was therefore that of establishing administrative responsibility of juridical persons, obviously when it is possible to demonstrate that a crime was committed in the interests of or to the advantage of that same juridical person. “Significant modifications are introduced also in terms of procedure. These include: updates in the discipline of requisition, strengthened by measures regarding the preventative freezing of assets; an explicit statement of the principles of fair trial within a reasonable time limit and with the presumption of innocence; the reformulation of regulations regarding international judicial cooperation with the adoption of the measures established by the most recent international conventions. “From a technical and regulatory point of view, the plurality of sources available to experts was organised by means of their combination in a harmonious and coherent body of legislation which, in the frameworks of the Church’s magisterium and the juridical-canonical tradition, the principal source of Vatican law (Art. 1, Para. 1, Law No. 71 on the sources of law, 1 October 2008) takes into account simultaneously the norms established by international conventions and the Italian juridical tradition, reference to which has always been made by the Vatican legal order. “In order to better order a legislative work with such broad-ranging content, it has been drafted as two distinct laws. One brings together all the legislation consisting of modifications to the penal code and the code of criminal procedure; the other will instead consist of legislation of a nature which does not permit a homogeneous section within the code structure and is therefore gathered in form of a latere or complementary penal code. Finally, the penal reform hitherto presented is completed with the adoption by the Holy Father Francis of a specific Motu proprio, also bearing yesterday’s date, which extends the reach of the legislation contained in these criminal laws to the members, officials and employees of the various bodies of the Roman Curia, connected Institutions, bodies subordinate to the Holy See and canonical juridical persons, as well as pontifical legates and diplomatic staff of the Holy See. This extension has the aim of making the crimes included in these laws indictable by the judicial organs of Vatican City State even when committed outside the borders of the state. “Among the laws adopted yesterday by the Pontifical Commission for Vatican City State there is also the law consisting of general legislation on the subject of administrative sanctions. This law had already been proposed in Art. 7, Paragraph 4 of Law 71 on the sources of law of 1 October 2008, and establishes the general principles and regulation of the application of administrative sanctions. “For some time there has long been an awareness of the expedience of an intermediate tertium genus between penal and civil offences, also in relation to the growing relevance of administrative offences. As a discipline of principle, the provisions of such a law would be used whenever another law establishes the imposition of administrative penalties for a breach of law, no doubt to specify the procedure for their application to the competent authority and the order of other minor effects. “One of the cornerstones of the system introduced by this law is constituted by the so-called rule of law, as a result of which administrative sanctions may be imposed only in cases defined by law. The procedure for implementation is divided into a phase of investigation and challenge of the infringement by the competent offices, and a second phase of imposition of the sanction, which will fall within the competences of the President of the Governorate. Finally, there will be the right to appeal heard by a single judge except in more cases of more severe penalties, for which the jurisdiction of the Court is established. “To conclude this brief presentation, it may be observed that the laws indicated above are notable not only for their undeniable substantial and systematic relevance, but also because they represent a further significant step on the part of the Vatican legislator towards the refinement of its legal code, necessary to assume and promote the constructive and useful proposals of the international Community with a view to more intense international cooperation and a more effective pursuit of the |
| WORLD TOURISM DAY: “TOURISM AND WATER - PROTECTING OUR COMMON FUTURE” Vatican City, 11 July 2013 (VIS) – A communique was published this morning by the Pontifical Council for the Pastoral Care of Migrants and Itinerant Peoples to mark the occasion of the 2013 World Tourism Day. The full original text is given below: “On September 27, we will celebrate World Tourism Day, following the theme suggested for this year by the World Tourism Organization: 'Tourism and water: protecting our common future'. This is in line with the 'International Year of Cooperation for Water', that was proclaimed by the General Assembly of the United Nations, during the International Decade for Action 'Water, source of life' (2005-2015), in order to highlight 'that water is critical for sustainable development, especially for environmental integrity and eradication of poverty and hunger, it is essential for the health and well-being of human beings, and is fundamental to achieve the Millennium Development Goals'. “The Holy See also wishes to join in this commemoration, bringing its contribution from its own perspective, aware of the importance of the phenomenon of tourism at the present time and the challenges and opportunities it provides to our mission of evangelization. This is one of the economic sectors with the largest and fastest growth in the world. We must not forget that last year it was exceeded the milestone of one billion international tourists, to which we must add the even higher figures of local tourism. “In the tourism sector, water is of crucial importance, an asset and a resource. It is an asset because people feel naturally drawn to it, and there are millions of tourists seeking to enjoy this natural element during their days off, by choosing as their holiday destination some ecosystems where water is the most specific element (wetlands, beaches, rivers, lakes, waterfalls, islands, glaciers or snowfields, just to name a few), or trying to grasp its many benefits (especially in seaside resorts or spas). At the same time, water is also a resource for the tourism industry and it is essential, among other things, to hotels, restaurants and leisure activities. “Looking at the future, tourism will be a real benefit if it will be able to manage these resources according to the criteria of the 'green economy', an economy whose environmental impact is kept within acceptable limits. We are invited, therefore, to promote ecotourism, environmentally friendly and sustainable, that can surely promote the creation of new jobs, support the local economy and reduce poverty. “There is no doubt that tourism plays a fundamental role in preserving the environment, by being one of its great ally, but also a fierce enemy. If, for instance, in order to achieve a quick and easy economic profit, the tourism industry is allowed to pollute a place, this location will cease to be a popular destination for tourists. “We know that water, key to sustainable development, is an essential element for life. Without water there is no life. 'However, year after year the pressure on this resource increases. One out of three people live in a country with moderate to high-water shortages, and it is possible that by 2030 the shortage will affect almost half of the world’s population, since its demand may exceed the supply by 40%'. According to UN data, about one billion people have no access to drinking water. And the challenges related to this issue will increase significantly in the coming years, mainly because it is poorly distributed, polluted and wasted, or priority is given to certain incorrect or unjust uses, in addition to the consequences of climate change. Tourism also is often in competition with other sectors for the usage of water, and not infrequently it is noted that water is abundant and is wasted in tourism structures, while for the surrounding populations it is scarce. “The sustainable management of this natural resource is a challenge for the social, economic and environmental order, but especially because of the ethical nature, starting from the principle of the universal destination of the goods of the earth, which is a natural and original right, to which it must be submitted all the legislation relating to those goods. The Social Doctrine of the Church highlights the validity and application of this principle, with explicit references to water. “Indeed, our commitment to preserving creation stems from recognizing it as God’s gift to the whole human family, and from hearing the Creator’s calling, who invites us to preserve it, aware of being the stewards, not owners, of the gift He gives us. “Concern for the environment is an important topic for Pope Francis, who has already made many references to it. In the very mass of the inauguration of his Petrine ministry he invited us to be 'stewards of creation, of God’s plan written in nature, the guardians of the other, of the environment; let us not allow' he said, 'that signs of destruction and death accompany our journey in this world', recalling that 'everything is entrusted to the custody of man, and it is everyone’s responsibility'. “Stressing even more this calling, the Holy Father stated during a General Audience: 'Cultivating and preserving creation is a directive of God given not only at the beginning of history, but to each one of us; it is part of his plan; it means allowing the world to grow responsibly, transforming it to be a garden, a living place for all .... Instead we are often driven by pride of domination, of possession, manipulation, exploitation; we do not 'preserve' it, do not respect it, do not consider it as a free gift to care for. We are losing the attitude of wonder, contemplation, listening to creation'. “If we foster this attitude of listening, we can discover how water speaks to us also of his Creator and reminds us of his story of love for humanity. Regarding this, it is eloquent the prayer for the blessing of water, that the Roman liturgy uses both at the Easter Vigil and in the Ritual of baptism, where it is recalled that the Lord used this gift as a sign and remembrance of his goodness: Creation, the flood that puts an end to sin, the crossing of the Red Sea that delivers from slavery, the baptism of Jesus in the Jordan, the washing of the feet that turns into the precept of love, the water pouring out of the side of Christ Crucified, the command of the Risen Lord to make disciples and baptize them ... are milestones in the history of Salvation, in which water takes on a high symbolic value. “Water speaks of life, purification, regeneration and transcendence. In the liturgy, water manifests the life of God shared with us in Christ. Jesus himself presents himself as the one who quenches our thirst, from whose breast rivers of living water shall flow, and in his dialogue with the Samaritan woman he says: 'whoever drinks of the water that I will give will never thirst'. Thirst evokes the deepest yearnings of the human heart, his failures and his quest for authentic happiness beyond himself. And Christ is the one who gives the water that quenches the thirst within, he is the source of rebirth, the bath that purifies. He is the source of living water. “For this reason, it is necessary to reiterate that all those involved in the phenomenon of tourism have a big responsibility for water management, in order for this sector to be effectively a source of wealth at a social, ecological, cultural and economic level. While we must work to fix the damage already done, we should also encourage its rational use and minimize the impact by promoting appropriate policies and providing effective ways, aiming at protecting our common future. Our attitude towards nature and the mismanagement of its resources cannot burden others as well as future generations. “Therefore more determination from politicians and entrepreneurs is necessary, because, although all are aware of the challenges made by the issue of water, we are conscious that this willingness should be put into practice with binding, specific and verifiable commitments. “This situation requires above all a change of mentality leading to adopt a different lifestyle marked by sobriety and self-discipline. We must ensure that tourists are aware and reflect on their responsibilities and the impact of their trip. They must be convinced that not everything is allowed, although they personally carry the economic burden. We need to educate and encourage the small gestures allowing us not to waste or pollute the water and, at the same time, help us appreciate even more its importance. “We share the Holy Father’s concern to take 'all the serious commitment to respect and preserve creation, to be responsible for every person, to oppose the culture of waste, to promote a culture of solidarity and encounter'. “With St. Francis, the 'Little Poor' of Assisi, we raise our hymn to God, praising him for his creatures: 'Praised be to you, my Lord, for sister Water, which is very useful and humble and precious and pure'”. |
| OTHER PONTIFICAL ACTS Vatican City, 11 July 2013 (VIS) – Today, the Holy Father: - appointed Archbishop Leo Boccardi as apostolic nuncio to Iran. Archbishop Boccardi was previously apostolic nuncio to Sudan and Eritrea. - appointed Fr. Miguel Angel Cabello Almada, of the clergy of Caacupe, Paraguay, as bishop of Conception (area 30,984, population 406,000, Catholics 399,000, priests 34, religious 66), Paraguay. The bishop-elect was born in Piribebuy, Paraguay in 1965 and was ordained a priest in 1991. He obtained a licentiate and doctorate in dogmatic theology from the Pontifical Gregorian University in Rome, and has served in a number of pastoral roles, including head of the sanctuary “Dulce Nombre de Jesus” in Piribebuy, formator of the national minor seminary of Villarrica, vicar of the parish of Tobati, professor in the Higher Institute of Theology, Asuncion, vicar of the parish of “Primaro de marzo”, Caacupe, and spiritual director of the national minor seminary in Caacupe. He succeeds Bishop Zacarias Ortiz Rolon, S.D.B., whose resignation from the pastoral care of the same diocese the Holy Father accepted, upon having reached the age limit. - appointed Bishop Jan Orosch as archbishop of Trnava (area 4,833, population 52,070, Catholics 51,915, priests 63, permanent deacons 1, religious 38), Slovakia. Bishop Orosch, previously apostolic administrator sede vacante of Trnava, was born in Bratislava, Slovakia in 1953, was ordained to the priesthood in 1976, and received episcopal ordination in 2004. |
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