consider it as a free gift to care for. We are losing the attitude of wonder,
contemplation, listening to creation'.
“If we foster this attitude of listening, we can discover how water
speaks to us also of his Creator and reminds us of his story of love for
humanity. Regarding this, it is eloquent the prayer for the blessing of water,
that the Roman liturgy uses
both at the Easter Vigil and in the Ritual of baptism, where it is recalled
that the Lord used this gift as a sign and remembrance of his goodness:
Creation, the flood that puts an end to sin, the crossing of the Red Sea that
delivers from slavery, the
Subject: VISnews130711
From: Vatican Information Service - Eng - txt
baptism of Jesus in the Jordan, the washing of the feet that turns into the
precept of love, the water pouring out of the side of Christ Crucified, the
command of the Risen Lord to make disciples and baptize them ... are
milestones in the history of
Salvation, in which water takes on a high symbolic value.
“Water speaks of life, purification, regeneration and transcendence. In
the liturgy, water manifests the life of God shared with us in Christ. Jesus
himself presents himself as the one who quenches our thirst, from whose breast
rivers of living
water shall flow, and in his dialogue with the Samaritan woman he says:
'whoever drinks of the water that I will give will never thirst'. Thirst
evokes the deepest yearnings of the human heart, his failures and his quest
for authentic happiness beyond
himself. And Christ is the one who gives the water that quenches the thirst
within, he is the source of rebirth, the bath that purifies. He is the source
of living water.
“For this reason, it is necessary to reiterate that all those involved
in the phenomenon of tourism have a big responsibility for water management,
in order for this sector to be effectively a source of wealth at a social,
ecological, cultural and
economic level. While we must work to fix the damage already done, we should
also encourage its rational use and minimize the impact by promoting
appropriate policies and providing effective ways, aiming at protecting our
common future. Our attitude
towards nature and the mismanagement of its resources cannot burden others as
well as future generations.
“Therefore more determination from politicians and entrepreneurs is
necessary, because, although all are aware of the challenges made by the issue
of water, we are conscious that this willingness should be put into practice
with binding, specific
and verifiable commitments.
“This situation requires above all a change of mentality leading to
adopt a different lifestyle marked by sobriety and self-discipline. We must
ensure that tourists are aware and reflect on their responsibilities and the
impact of their trip. They
must be convinced that not everything is allowed, although they personally
carry the economic burden. We need to educate and encourage the small gestures
allowing us not to waste or pollute the water and, at the same time, help us
appreciate even more
its importance.
“We share the Holy Father’s concern to take 'all the serious
commitment to respect and preserve creation, to be responsible for every
person, to oppose the culture of waste, to promote a culture of solidarity and
encounter'.
“With St. Francis, the 'Little Poor' of Assisi, we raise our hymn to
God, praising him for his creatures: 'Praised be to you, my Lord, for sister
Water, which is very useful and humble and precious and pure'”.
___________________________________________________________
OTHER PONTIFICAL ACTS
Vatican City, 11 July 2013 (VIS) – Today, the Holy Father:
- appointed Archbishop Leo Boccardi as apostolic nuncio to Iran. Archbishop
Boccardi was previously apostolic nuncio to Sudan and Eritrea.
- appointed Fr. Miguel Angel Cabello Almada, of the clergy of Caacupe,
Paraguay, as bishop of Conception (area 30,984, population 406,000, Catholics
399,000, priests 34, religious 66), Paraguay. The bishop-elect was born in
Piribebuy, Paraguay in 1965
and was ordained a priest in 1991. He obtained a licentiate and doctorate in
dogmatic theology from the Pontifical Gregorian University in Rome, and has
served in a number of pastoral roles, including head of the sanctuary
“Dulce Nombre de
Jesus” in Piribebuy, formator of the national minor seminary of
Villarrica, vicar of the parish of Tobati, professor in the Higher Institute
of Theology, Asuncion, vicar of the parish of “Primaro de marzo”,
Caacupe, and spiritual
director of the national minor seminary in Caacupe. He succeeds Bishop
Zacarias Ortiz Rolon, S.D.B., whose resignation from the pastoral care of the
same diocese the Holy Father accepted, upon having reached the age limit.
- appointed Bishop Jan Orosch as archbishop of Trnava (area 4,833, population
52,070, Catholics 51,915, priests 63, permanent deacons 1, religious 38),
Slovakia. Bishop Orosch, previously apostolic administrator sede vacante of
Trnava, was born in
Bratislava, Slovakia in 1953, was ordained to the priesthood in 1976, and
received episcopal ordination in 2004.
___________________________________________________________
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VISnews130711
VATICAN INFORMATION SERVICE YEAR XXII - N° 147DATE 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”.
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
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