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VATICAN INFORMATION SERVICE
YEAR XXII - N° 147
DATE 11-07-2013
Summary:
- MOTU PROPRIO ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF VATICAN CITY
STATE IN CRIMINAL MATTERS
- NEW LAWS AIM TO MODERNISE VATICAN LEGAL SYSTEM
- ARCHBISHOP DOMINIQUE MAMBERTI EXPLAINS THE IMPORTANCE OF THE LAWS APPROVED
BY THE PONTIFICAL COMMISSION FOR VATICAN CITY STATE
- WORLD TOURISM DAY: “TOURISM AND WATER - PROTECTING OUR COMMON
FUTURE”
- OTHER PONTIFICAL ACTS
___________________________________________________________
MOTU PROPRIO ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF VATICAN CITY STATE
IN CRIMINAL MATTERS
Vatican City, 11 July 2013 (VIS) – Pope Francis' apostolic letter issued
Motu proprio on the jurisdiction of the judicial authorities of Vatican City
State in criminal matters was published this morning. The full text is given
below:
“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”.
___________________________________________________________
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
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