Law of Vatican City
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The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church.[1] The organs of state are governed by the Fundamental Law of Vatican City State. The Code of Penal Procedure governs tribunals and the Lateran Treaty governs relations with the Italian Republic.
Canon law
The
Fundamental Law
The Fundamental Law governs the civil government of Vatican City State.
The
In April 2023, Pope Francis promulgated a new Fundamental Law, this new version entered into force the same year.
Curia law
The apostolic constitution Praedicate evangelium governs the Roman Curia which assists the pope in the governance of the Catholic Church.[4][5]
Positive civil and penal law
Most of the positive and penal civil law—in contrast to canon law with civil effects—is based on the Italian code from 1889. It was outdated in many ways. This was amended in a major fashion in 2013 to include a number of United Nations Conventions the state has signed over the years, as well as bringing it up to date. The penal code now includes specifics defining money laundering, explicit listing of sexual crimes, and violating confidentiality. Since life imprisonment was abolished by Pope Francis in 2013, the maximum penalty is 30 to 35 years of imprisonment.[6]
In 2008, the Vatican announced that it will no longer automatically adopt new Italian laws, as many Italian laws diverge from Catholic doctrine. The announcement came in the wake of conflict over right-to-life issues following the Eluana Englaro case. Existing law provided that Italian laws were accepted automatically except on bilateral treaties or those that have a sharp divergence with basic canon law. Under the new procedure, the Vatican would examine Italian laws before deciding whether to adopt them. However, as the Vatican had not always accepted Italian laws under the old procedure little would change, with one newspaper commentator calling the announcement a "masked warning" to the Italian government.[7]
On March 29, 2019, one month after a
In February 2021, Pope Francis amended articles 17, 376, 379 of the penal code of the Vatican. "These changes may affect the Vatican’s impending trial of the 39-year-old Italian woman Cecilia Marogna, who has been accused of embezzlement, which she denies."[14]
In April 2021, Pope Francis published an apostolic letter motu proprio to change some articles so that Vatican City court can judge cardinals and bishops.[15]
International law
Officials of the State of Vatican City have diplomatic immunity under international law. Hence, if they are accused of a crime in their host country, they are ordinarily recalled to the State of Vatican City to face civil trial, and, if applicable, to face
Judiciary
This section's factual accuracy may be compromised due to out-of-date information. The reason given is: The Pope made changes to the Vatican Judicial System in March 2020 - see Law No. CCCLI on the Vatican City State Judicial System (16 March 2020) (in Italian). (December 2021) |
The judicial system of Vatican City consists of:[17][18]
- a sole judge (Giudice Unico, Solus Iudex) with limited jurisdiction
- a tribunal (tribunale, atrium) with four members
- a Court of Appeal (Corte d'Appello, Curia Appellationis) with four members
- a Supreme Court (Corte di Cassazione, Curia Cassationis) with three members
Justice is exercised in the name of the
The sole judge has to be a Vatican citizen and he can simultaneously serve as a member of the tribunal. The tribunal itself consists of a president and three other judges (however, cases are heard in a curia of three judges). A promoter of justice (Promotore di Giustizia) serves as attorney both at the tribunal and at the court of the sole judge. The members of the tribunal, the sole judge and the promoter of justice are all lay jurists and are appointed by the pope.
On May 7, 2015,
The Court of Appeal consists of the president and three other judges (similar to the tribunal, cases are heard in a
The Supreme Court consists of its president, who is by law the Cardinal Prefect of the Apostolic Signatura, currently Cardinal Dominique Mamberti, and two other cardinals, who are appointed by the President for a period of three years and who also have to be members of the Signatura. Additionally two or more judges are appointed for a three-year term (giudici applicati). Ordinarily cases are decided by the Cardinal judges; if opportune (e.g. in cases with higher legal complexity) two of the giudici applicati complement the judicial panel.[22]
All courts have their seat at the Palazzo del Tribunale at Piazza Santa Marta behind
On 16 March 2020, it was announced that Pope Francis signed a new motu proprio into law on March 13, 2020, which reforms the Vatican's judicial system. The motu proprio, titled Law CCCLI, updates the laws governing the Vatican's judiciary system and replaced the previous judicial system which was founded in 1987.[1] The new law provides for greater independence of judicial bodies and magistrates dependent on the Pope. It also specifies the requirements for the appointment of judges and it simplifies the judicial system while increasing the staff of the court. Furthermore, it provides a head for the Office of the Promoter of Justice (prosecutor's office), and sets out a standardized procedure for possible disciplinary action against certified advocates.[23]
On 14 October 2020, the first ever in-person criminal sex abuse trial held within the Vatican City walls, and also prosecuted by the Vatican
Incarceration
The Vatican Gendarmerie has a limited number of prison cells.[16] Convicted criminals are held in Italian prisons under the terms of the Lateran Treaty.[16]
See also
- Crime in Vatican City
- Federico Cammeo
- Index of Vatican City-related articles
References
- ^ a b c "Pope Francis reforms Vatican City courts with new law". Catholic News Agency. Retrieved 2021-02-16.
- ^ Law Library of Congress, "Guide to Law Online: Holy See", accessed Jan-2-2013
- ^ VaticanState.va, "Fundamental Law of Vatican City State" Archived 2008-02-26 at the Wayback Machine, concluding paragraphs; accessed Jan-2-2013
- ^ a b "Pope Francis to restructure Roman Curia with major office for evangelization". Chicago Catholic. Retrieved 2021-02-16.
- ^ a b San Martín, Inés (Apr 22, 2019). "New Vatican document to put evangelization ahead of doctrine". Crux. Archived from the original on 2019-04-25. Retrieved 2021-02-16.
- ^ "Archbishop Dominique Mamberti Explains the Importance of the Laws Approved by the Pontifical Commission for Vatican City State". Vatican Information Service. 2013-07-11. Retrieved 2013-07-15.[permanent dead link]
- ^ Babington, Deepa (2008-12-31). "Vatican ends automatic adoption of Italian law". Reuters. Retrieved 2014-09-16.
- ^ a b "Pope releases new Vatican legislation on abuse | News Headlines". www.catholicculture.org. Retrieved 2021-02-16.
- ^ "Pope Francis issues sexual abuse reporting laws for Vatican City and Holy See diplomats". www.cbsnews.com. Retrieved 2021-02-16.
- ^ "Vatican tightens laws on sexual abuse of minors". CNN. 29 March 2019.
- ^ Telegraph, The Catholic. "President of U.S. Bishops' Conference Issues Statement on Pope Francis's Motu Proprio Ordering Worldwide Response to the Evil of Sexual Abuse". Catholic Telegraph. Retrieved 2021-02-16.
- ^ "Pope Francis issues groundbreaking law requiring priests, nuns to report sex abuse, cover-up". NBC News. Retrieved 2021-02-16.
- ^ "Pope Francis issues broad new Vatican law on reporting of sexual abuse and cover-up". www.cbsnews.com. Retrieved 2021-02-16.
- ^ Brockhaus, Hannah. "Pope Francis modifies Vatican criminal code, citing 'changing sensibilities'". Catholic News Agency. Retrieved 2021-02-16.
- ^ "Pope Francis Changes Law to Allow Vatican City Court to Judge Cardinals and Bishops". NCR. Retrieved 2021-05-12.
- ^ a b c Mena, Adelaide. "What are the Vatican's next steps in the child porn case?". Catholic News Agency. Retrieved 2021-02-16.
- ^ Giuseppe Dalla Torre (2009). "L'Ordinamento Giudiziario". Ottanta anni dello Stato della Città del Vaticano. Governatorato dello Stato della Città del Vaticano. pp. 135–144.
- ^ "Legge che approva l'ordinamento giudiziario dello Stato della Città del Vaticano (Suppl. 12)". Acta Apostolicae Sedis (AAS) 79. Holy See. 1987.
- ^ "Rinunce e nomine, 07.05.2015". Vatican.va. Archived from the original on 2015-09-06. Retrieved 2021-02-16.
- ^ "Resignations and Appointments, 30.09.2017". press.vatican.va. Retrieved 2021-02-16.
- ^ "Archived copy". Archived from the original on 2013-06-20. Retrieved 2013-06-12.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Legge N. CCCLI sull'ordinamento giudiziario dello Stato della Città del Vaticano" (in Italian). 16 March 2020. Archived from the original on 13 March 2023. Retrieved 13 March 2023.
- ^ "New law for Vatican City responds to current needs". Vatican News. 2020-03-16. Retrieved 2021-02-16.
- ^ "Two priests accused in Vatican's first sexual abuse trial". BBC News. 2020-10-14. Retrieved 2021-02-16.
- ISSN 0362-4331. Retrieved 2021-02-16.
- ^ a b Poggioli, Sylvia (October 26, 2020). "Vatican Court Hears Unprecedented Sexual Abuse Criminal Trial". NPR. Retrieved November 11, 2020.
- ^ Povoledo, Elisabetta (6 October 2021). "Vatican Issues Acquittals in Sexual Abuse Case Involving Former Altar Boys". New York Times. Retrieved 16 April 2022.
- ^ Harlan, Chico; Pitrelli, Stefano (6 October 2021). "First Vatican sexual abuse trial absolves a former altar boy who served the pope". Washington Post. Retrieved 16 April 2022.