Thelaw of Vatican City State consists of many forms, the most important of which is thecanon law of the Catholic Church.[1] The organs of state are governed by theFundamental Law of Vatican City State. The Code of Penal Procedure governstribunals and theLateran Treaty governs relations with theItalian Republic.
Thecanon law of the Catholic Church is supreme in the civil legal system of Vatican City State. TheSupreme Tribunal of the Apostolic Signatura, adicastery of theRoman Curia and the highestcanonical tribunal, is also the finalcourt of cassation in the civil legal system of Vatican City State. Its competence includes appeals concerning legal procedure and judicial competence. According to a 2008 law issued byPope Benedict XVI, the civil legal system of Vatican City State recognizes canon law as its first source of norms andfirst principle of interpretation.Pope Francis has stated thatprinciples of canon law are essential to the interpretation and application of the laws of Vatican City State.[1]
TheFundamental Law of Vatican City State governs the civil government of Vatican City State.
The first Fundamental Law of Vatican City was promulgated byPope Pius XI on 7 June 1929.
Pope John Paul II promulgated a new version of the Fundamental Law on 26 November 2000.[2] Itobtained the force of law on 22 February 2001, Feast of theChair of St. Peter, and replaced in its entirety the previous Law. All the norms in force in Vatican City State which were not in agreement with the new Law were abrogated.[3]
In April 2023, Pope Francis promulgated a new Fundamental Law. This new version entered into force the same year.
Theapostolic constitutionPraedicate evangelium governs theRoman Curia which assists the pope in the governance of theCatholic Church.[4][5]
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 It was outdated in many ways.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 ofUnited Nations Conventions the state has signed over the years, as well as bringing it up to date. The penal code now includes specifics definingmoney laundering, explicit listing of sexual crimes, and violating confidentiality. Since life imprisonment was abolished byPope Francis in 2013, the maximum penalty is 30 to 35 years of imprisonment.[6]
In 2008, Vatican City 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 theEluana 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 ahistoric Vatican sex abuse summit was held,[8] Pope Francis issued a new Vatican City law requiring Vatican City officials, including those in theRoman Curia,[8] and foreignnuncios affiliated with the Vatican government, to report sex abuse. Failure to do so can result in a fine of up to 5,000 euros (about $5,600) or, in the case of a Vatican gendarme, up to six months in prison.[9] The statute of limitations was also increased from 4 years to 20 years and any Vatican employee found guilty will be dismissed on a mandatory basis.[10] On May 9, 2019, a new law was issued to male and female church workers not just in the Vatican, but throughout the world to disclose any report of sex abuse.[11][12][13]
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 anapostolic lettermotu proprio to change some articles so that Vatican City court can judge cardinals and bishops.[15]
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 facecanonical trial at theCongregation for the Doctrine of the Faith (CDF) or competent dicastery.[16] Underthe 2022 Apostolic Constitution, however, the authority of the CDF was weakened, and thePontifical Commission for the Protection of Minors joined the Roman Curia with greater authority as well. A new “super dicastery” which promotes evangelization now serves as the main institution in the Roman Curia.[4][5]
The judicial system of Vatican City consists of:[17][18]
Justice is exercised in the name of theSupreme Pontiff.
In March 2020, it was announced that Pope Francis signed a newmotu proprio into law on March 13, 2020, which reforms the Vatican's judicial system. Themotu 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] It provided 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.[19]
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 acuria 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. Former members have been for example sole judgePiero Antonio Bonnet or president of the tribunalGiuseppe dalla Torre, who sat in cases concerning theVatican leaks scandal in 2012 and 2016 respectively.
On May 7, 2015,Pope Francis appointed as a Judge of the Ecclesiastical Court of Vatican City State,Lucio Banerjee, a cleric of theDiocese of Treviso, inTreviso, Italy, andPaolo Scevola, of theDiocese of Vigevano, to serve as Notary Actuary of the same court; they are officials of the General Affairs Section of the Secretariat of State of the Holy See.[20] On September 30, 2017, Pope Francis namedDenis Baudot, an official of the Apostolic Signatura and a priest of theArchdiocese of Lyon inLyon, France,Judicial Vicar of the Ecclesiastical Tribunal of Vatican City State.[21]
The Court of Appeal consists of the president and three other judges (similar to the tribunal, cases are heard in acuria of three judges). The members of the Court of Appeal are appointed by the pope for a term of five years and are bothclerics and lay persons. The Promoter of Justice of the Court of Appeals of Vatican City is currently, since his appointment byPope Francis on Wednesday, June 12, 2013, ProfessorRaffaele Coppola, Professor of the Law Faculty at the State University of Bari inBari, Italy, and a member of the Bar for canon and civil law in the Holy See.[22]
TheCourt of Cassation is thesupreme court of Vatican City.[23] Until 2023, the court consisted of three judges: a president, who wasex officio the head of theApostolic Signatura (the church's supreme canonical court), and two other cardinals (appointed by the president) who were also members of the Signatura.[23] In April 2023, however,Pope Francis changed the law to reserve the appointment of judges to the pope. As a result of the change, CardinalDominique Mamberti, the prefect of the signatura, was removed as president of the Court of Cassation.[23] Francis appointed several cardinals without expertise in canon or civil law to the court, and appointed CardinalKevin Farrell, thecamerlengo, as the court's president.[23]
In addition to the cardinal judges, lay legal scholars may be appointed as associate judges to the court.[23][24]
Before 2021, cardinals and bishops had the special privilege of being tried only before the court of cassation, without first going through the lower courts. However, in 2021, shortly before the indictment of CardinalAngelo Becciu for financial crimes, Francis abolished the privilege, amending the Vatican's civil code to make the lower court competent to judge cases, except for civil cases, "involving the Most Eminent Cardinals and the Most Excellent Bishops" with the prior approval of the pope.[23][25]
On 14 October 2020, the first ever in-person criminal sex abuse trial held within the Vatican City walls, and also prosecuted by the Vaticancity state itself, began, and involved a priest accused of sexually abusing a former St. Pius X youth seminary student between 2007 and 2012 and another for aiding and abetting the abuse.[26][27][28] The accused abuser, Rev. Gabriele Martinelli, 28, was a seminarian and has since become a priest. The other defendant is the seminary's 72-year-old former rector Rev. Enrico Radice, who was charged with aiding and abetting the alleged abuse.[28] On 6 October 2021, a Vatican court acquitted both Martinelli and Radice.[29][30]
TheVatican Gendarmerie has a limited number of prison cells.[16] Convicted criminals are held in Italian prisons under the terms of theLateran Treaty.[16]
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