BREAKING Pope Francis Abolishes Pontifical Secret in Cases of Sex Abuse - Full Text Official Release
His Holiness Pope Francis, in the Audience granted to His Excellency Archbishop Edgar Peña Parra, Substitute for General Affairs of the Secretariat of State, on 4 December 2019, has decided to issue the Instruction On the Confidentiality of Legal Proceedings, attached to the present Rescriptum, of which it forms an integral part.
The Holy Father has determined that the Rescriptum shall have firm and stable application, notwithstanding anything to the contrary, even if worthy of special mention, that it shall be promulgated by publication in L’Osservatore Romano, with immediate force, and then be published in the official commentary Acta Apostolicae Sedis.
From the Vatican, 6 December 2019
CARDINAL PIETRO PAROLIN
Secretary of State
INSTRUCTION
On the Confidentiality of Legal Proceedings
1. The pontifical secret does not apply to accusations, trials and decisions involving the offences referred to in:
a) Article 1 of the Motu proprio “Vos estis lux mundi” (7 May 2019);
b) Article 6 of the Normae de gravioribus delictis reserved to the judgement of the Congregation for the Doctrine of the Faith, in accordance with the Motu proprio “Sacramentorum Sanctitatis Tutela” of Saint John Paul II (30 April 2001), and subsequent amendments.
2. Nor does the pontifical secret apply when such offenses were committed in conjunction with other offences.
3. In the cases referred to in No. 1, the information is to be treated in such a way as to ensure its security, integrity and confidentiality in accordance with the prescriptions of canons 471, 2° CIC and 244 §2, 2° CCEO, for the sake of protecting the good name, image and privacy of all persons involved.
4. Office confidentiality shall not prevent the fulfilment of the obligations laid down in all places by civil laws, including any reporting obligations, and the execution of enforceable requests of civil judicial authorities.
5. The person who files the report, the person who alleges to have been harmed and the witnesses shall not be bound by any obligation of silence with regard to matters involving the case.
[02062-EN.01] [Original text: Italian]
His Holiness Pope Francis, in the Audience granted to the undersigned Cardinal Secretary of State and the undersigned Cardinal Prefect of the Congregation for the Doctrine of the Faith on 4 October 2019, has decided to introduce the following amendments to the “Normae de gravioribus delictis” reserved to the judgement of the Congregation for the Doctrine of the Faith, in accordance with the Motu proprio of Saint John Paul II “Sacramentorum Sanctitatis Tutela” (30 April 2001), as amended by the Rescriptum ex Audientia SS.mi dated 21 May 2010 and signed by the then-Prefect of the Congregation for the Doctrine of the Faith, Cardinal William Levada:
“The acquisition, possession or distribution by a cleric of pornographic images of minors under the age of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology”.
“The role of Advocate or Procurator is carried out by a member of the faithful possessing a doctorate in canon law, who is approved by the presiding judge of the college”.
§ 2 – Art. 14 Sacramentorum Sanctitatis Tutela is replaced in its entirety by the following text:
“In other Tribunals, for the cases under these norms, only priests can validly carry out the functions of Judge, Promoter of Justice and Notary”.
The Holy Father has ordered that the present Rescriptum be published in L’Osservatore Romano and in Acta Apostolicae Sedis, and take effect on 1 January 2020.
From the Vatican, 3 December 2019
Source: http://press.vatican.va/content/salastampa/it/bollettino/pubblico/2019/12/17/1010/02063.html and http://press.vatican.va/content/salastampa/it/bollettino/pubblico/2019/12/17/1011/02062.html
Article 1
Art. 6 § 1, 2° Sacramentorum Sanctitatis Tutela is replaced in its entirety by the following text:“The acquisition, possession or distribution by a cleric of pornographic images of minors under the age of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology”.
Article 2
§ 1 – Art. 13 Sacramentorum Sanctitatis Tutela is replaced in its entirety by the following text:“The role of Advocate or Procurator is carried out by a member of the faithful possessing a doctorate in canon law, who is approved by the presiding judge of the college”.
§ 2 – Art. 14 Sacramentorum Sanctitatis Tutela is replaced in its entirety by the following text:
“In other Tribunals, for the cases under these norms, only priests can validly carry out the functions of Judge, Promoter of Justice and Notary”.
The Holy Father has ordered that the present Rescriptum be published in L’Osservatore Romano and in Acta Apostolicae Sedis, and take effect on 1 January 2020.
From the Vatican, 3 December 2019
CARDINAL PIETRO PAROLIN
Secretary of State
Secretary of State
CARDINAL LUIS FRANCISCO LADARIA
Prefect of the Congregation
for the Doctrine of the Faith
Prefect of the Congregation
for the Doctrine of the Faith
Source: http://press.vatican.va/content/salastampa/it/bollettino/pubblico/2019/12/17/1010/02063.html and http://press.vatican.va/content/salastampa/it/bollettino/pubblico/2019/12/17/1011/02062.html
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