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 note from the Holy See Press Office goes on to clarify the following points:
- 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