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   VISnews121023   
   23 Oct 12 07:15:46   
   
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    VATICAN INFORMATION SERVICE   
   YEAR XXII - N° 191   
   DATE 23-10-2012   
      
   Summary:   
    - CARDINAL BERTONE SPEAKS ABOUT HOLY SEE MISSION TO SYRIA   
    - PUBLICATION OF FULL TEXT OF SENTENCE AGAINST PAOLO GABRIELE   
    - TRIAL OF CLAUDIO SCIARPELLETTI TO TAKE PLACE ON 5 NOVEMBER   
      
   ___________________________________________________________   
      
      
   CARDINAL BERTONE SPEAKS ABOUT HOLY SEE MISSION TO SYRIA   
   Vatican City, 23 October 2012 (VIS) - Cardinal Secretary of State Tarcisio   
   Bertone S.D.B. today addressed the Synodal assembly on the subject of the   
   recent decision to send a delegation of Synod Fathers to Damascus, Syria.   
   "Speaking before this assembly last Tuesday", he said, "I announced the Holy   
   Father's decision to send a delegation to Damascus to express his solidarity   
   and that of the Synod with the people of Syria who, unfortunately, have for   
   some time been   
   experiencing a tragic situation of suffering. The intention was also to   
   express our spiritual closeness to our Christian brothers and sisters in that   
   country, and to encourage those committed to seeking a solution respectful of   
   the rights and duties of   
   all.   
   "The initiative raised wide interest and received a positive welcome, not only   
   in Rome and Syria, but also at the international level.   
   "First of all I wish to tell you that we have continued to study the issue and   
   to prepare the visit, despite the tragic episodes that have taken place in the   
   region over recent days.   
   "As is well known, there is a strong desire to express the closeness of the   
   Holy See and the universal Church by means of a delegation, which will travel   
   to Damascus at the time and in the manner which will be announced after they   
   have been defined in   
   the light of the contacts and preparations currently under way. Given the   
   gravity of the situation, the visit will be postponed, probably until after   
   the conclusion of the Synod, and the composition of the delegation will be   
   modified, also due to other   
   commitments on the part of its members.   
   "The contribution of the personal offerings of the Synod Fathers, and those of   
   the Holy See, will be sent to Syria as a gesture of fraternal solidarity with   
   the entire population.   
   "Above all we continue in our commitment to prayer, which is always heard by   
   the Lord and which I invite you to join with renewed confidence".   
      
   ___________________________________________________________   
      
      
   PUBLICATION OF FULL TEXT OF SENTENCE AGAINST PAOLO GABRIELE   
   Vatican City, 23 October 2012 (VIS) - Made public today was the full text of   
   the sentence issued by the Tribunal of Vatican City State on 6 October, in   
   which Paolo Gabriele was declared guilty of aggravated theft.   
   On 6 October Paolo Gabriele had been sentenced to imprisonment for a period of   
   three years although, in view of his "lack of a criminal record, his record of   
   service in the period prior to the facts in question, the subjective (though   
   mistaken) belief   
   identified by the accused as the motive for his conduct, as well as his own   
   statement of his awareness of having betrayed the trust of the Holy Father,   
   the Tribunal reduced the sentence to imprisonment for one (1) year and six (6)   
   months, and ordered   
   the guilty party to defray the costs of the trial".   
   In a briefing held this morning Holy See Press Office Director Fr. Federico   
   Lombardi S.J. explained some aspects of the sentence. He began by noting that   
   it focused on the offence of stealing documents, and in particular the   
   originals of documents, and   
   took no account of other objects such as a nugget of gold, a cheque in the   
   Holy Father's name and a sixteenth-century copy of "The Aeneid", because there   
   were doubts about the way in which the search during which they were found had   
   been carried out,   
   and Gabriele's guilt was not proven.   
   Fr. Lombardi also explained that a psychiatric examination had excluded the   
   possibility that the accused might have had some mental condition which had   
   made him unaware of his responsibility for his actions. The Tribunal had also,   
   he said, been careful   
   to define the juridical terms of the offence of theft; i.e., the removal and   
   appropriation of an object without the consent of its owner with the intent of   
   obtaining some benefit. Thus the offence involved was theft and not   
   embezzlement, although the   
   sentence notes that the benefit Gabriele sought to gain was not economic in   
   nature, but intellectual and moral.   
   Another question that arose was whether Gabriele had acted at the "suggestion"   
   of a third party; a term that had been interpreted to include complicity or   
   influence. The accused himself affirmed that the word did not mean   
   collaboration with other   
   people, but the influence of the surrounding environment which had led him to   
   the conviction that he was acting for the good of the Holy Father and the   
   Church.   
   The Holy See Press Office Director noted that the aggravating circumstances   
   lay in the fact that the theft had involved abuse of trust and the publication   
   of reserved documents, while the attenuating circumstances were the absence of   
   a criminal record   
   and Gabriele's own moral conviction.   
   On the subject of the punishment, Fr. Lombardi pointed out that the Tribunal   
   had based its sentence on the penalties established for such offences in the   
   Criminal Code. The promoter of justice had requested that Gabriele be given a   
   lifetime ban on   
   holding public office but, as the final sentence was of eighteen months, the   
   Penal Code contains no provision for such a measure and the ban on public   
   office was thus of limited duration. Nonetheless, in view of the gravity of   
   the offence, it had been   
   decided not to suspend the sentence conditionally.   
   Finally the director of the Holy See Press Office announced that Paolo   
   Gabriele currently remains under house arrest, because until the publication   
   of the full text of the sentence the promoter of justice before the Tribunal   
   of Vatican City State,   
   Giovanni Giacobbe, was unable to file an appeal. If he did not now do so   
   within the set deadline the sentence would be put into effect. In this case   
   the accused would have to serve his term in prison inside the Vatican, because   
   there was no relevant   
   convention with the Italian State. The possibility remains, however, that the   
   Holy Father will pardon Gabriele although, since it would be a personal   
   decision, it is not clear if and when he will do so.   
   The full text of the sentence is available (in Italian)   
   here.   
      
   ___________________________________________________________   
      
      
   TRIAL OF CLAUDIO SCIARPELLETTI TO TAKE PLACE ON 5 NOVEMBER   
   Vatican City, 23 October 2012 (VIS) - Giuseppe Dalla Torre, president of the   
   Tribunal of Vatican City State, has issued a decree ruling that the first   
   hearing in the trial of Claudio Sciarpelletti is to take place at 9 a.m. on 5   
   November. Sciarpelletti,   
   who is accused of complicity, was sent for trial by the examining magistrate   
   on 13 August, but his trial was separated from that of Paolo Gabriele by a   
   ruling issued during the course of the court hearing of 29 September.   
   The hearing will take place in the audience hall of the Tribunal of Vatican   
   City State, and the judicial bench will be composed of Giuseppe Dalla Torre,   
   president, and Paolo Papanti-Pelletier and Venerando Marano, judges.   
      
   ___________________________________________________________   
      
    Per ulteriori informazioni e per la ricerca di documenti consultare il   
    sito: www.wisnews.org e www.vatican.va   
    Il servizio del VIS viene inviato soltanto agli indirizzi di posta   
    elettronica che ne hanno fatto richiesta. Se per qualunque motivo   
    non si desidera continuare a riceverlo, si prega di visitare nostra pagina   
    dinizio:   
    http://212.77.1.245/news_services/press/vis/italinde.php   
      
    Copyright (VIS): Le notizie contenute nei servizi del Vatican   
    Information Service possono essere riprodotte parzialmente o totalmente   
    citando la fonte: V.I.S. - Vatican Information Service.   
      
      
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   VISnews121023   
      
   
VATICAN INFORMATION SERVICE YEAR XXII - N° 191 DATE 23-10-2012
Summary: - CARDINAL BERTONE SPEAKS ABOUT   
   HOLY SEE MISSION TO SYRIA    
   - PUBLICATION OF FULL TEXT OF SENTENCE AGAINST PAOLO GABRIELE - TRIAL OF   
   CLAUDIO SCIARPELLETTI TO TAKE PLACE ON 5 NOVEMBER
CARDINAL BERTONE SPEAKS ABOUT HOLY SEE MISSION TO SYRIA
   
   
Vatican City, 23 October 2012 (VIS) - Cardinal Secretary of State Tarcisio   
   Bertone S.D.B. today addressed the Synodal assembly on the subject of the   
   recent decision to send a delegation of Synod Fathers to Damascus, Syria.
   
   
"Speaking before this assembly last Tuesday", he said, "I announced the   
   Holy Father's decision to send a delegation to Damascus to express his   
   solidarity and that of the Synod with the people of Syria who, unfortunately,   
   have for some time been   
   experiencing a tragic situation of suffering. The intention was also to   
   express our spiritual closeness to our Christian brothers and sisters in that   
   country, and to encourage those committed to seeking a solution respectful of   
   the rights and duties of   
   all.
   
   
"The initiative raised wide interest and received a positive welcome, not   
   only in Rome and Syria, but also at the international level.
   
   
"First of all I wish to tell you that we have continued to study the issue   
   and to prepare the visit, despite the tragic episodes that have taken place in   
   the region over recent days.
   
   
"As is well known, there is a strong desire to express the closeness of the   
   Holy See and the universal Church by means of a delegation, which will travel   
   to Damascus at the time and in the manner which will be announced after they   
   have been defined   
   in the light of the contacts and preparations currently under way. Given the   
   gravity of the situation, the visit will be postponed, probably until after   
   the conclusion of the Synod, and the composition of the delegation will be   
   modified, also due to   
   other commitments on the part of its members.
   
   
"The contribution of the personal offerings of the Synod Fathers, and those   
   of the Holy See, will be sent to Syria as a gesture of fraternal solidarity   
   with the entire population.
   
   
"Above all we continue in our commitment to prayer, which is always heard   
   by the Lord and which I invite you to join with renewed confidence".
PUBLICATION OF FULL TEXT OF SENTENCE AGAINST PAOLO GABRIELE
   
   
Vatican City, 23 October 2012 (VIS) - Made public today was the full text   
   of the sentence issued by the Tribunal of Vatican City State on 6 October, in   
   which Paolo Gabriele was declared guilty of aggravated theft.
   
   
On 6 October Paolo Gabriele had been sentenced to imprisonment for a period   
   of three years although, in view of his "lack of a criminal record, his record   
   of service in the period prior to the facts in question, the subjective   
   (though mistaken)   
   belief identified by the accused as the motive for his conduct, as well as his   
   own statement of his awareness of having betrayed the trust of the Holy   
   Father, the Tribunal reduced the sentence to imprisonment for one (1) year and   
   six (6) months, and   
   ordered the guilty party to defray the costs of the trial".
   
   
In a briefing held this morning Holy See Press Office Director Fr. Federico   
   Lombardi S.J. explained some aspects of the sentence. He began by noting that   
   it focused on the offence of stealing documents, and in particular the   
   originals of documents,   
   and took no account of other objects such as a nugget of gold, a cheque in the   
   Holy Father's name and a sixteenth-century copy of "The Aeneid", because there   
   were doubts about the way in which the search during which they were found had   
   been carried   
   out, and Gabriele's guilt was not proven.
   
   
Fr. Lombardi also explained that a psychiatric examination had excluded the   
   possibility that the accused might have had some mental condition which had   
   made him unaware of his responsibility for his actions. The Tribunal had also,   
   he said, been   
   careful to define the juridical terms of the offence of theft; i.e., the   
   removal and appropriation of an object without the consent of its owner with   
   the intent of obtaining some benefit. Thus the offence involved was theft and   
   not embezzlement,   
   although the sentence notes that the benefit Gabriele sought to gain was not   
   economic in nature, but intellectual and moral.
   
   
Another question that arose was whether Gabriele had acted at the   
   "suggestion" of a third party; a term that had been interpreted to include   
   complicity or influence. The accused himself affirmed that the word did not   
   mean collaboration with other   
   people, but the influence of the surrounding environment which had led him to   
   the conviction that he was acting for the good of the Holy Father and the   
   Church.
   
   
The Holy See Press Office Director noted that the aggravating circumstances   
   lay in the fact that the theft had involved abuse of trust and the publication   
   of reserved documents, while the attenuating circumstances were the absence of   
   a criminal   
   record and Gabriele's own moral conviction.
   
   
On the subject of the punishment, Fr. Lombardi pointed out that the   
   Tribunal had based its sentence on the penalties established for such offences   
   in the Criminal Code. The promoter of justice had requested that Gabriele be   
   given a lifetime ban on   
   holding public office but, as the final sentence was of eighteen months, the   
   Penal Code contains no provision for such a measure and the ban on public   
   office was thus of limited duration. Nonetheless, in view of the gravity of   
   the offence, it had been   
   decided not to suspend the sentence conditionally.
   
   
Finally the director of the Holy See Press Office announced that Paolo   
   Gabriele currently remains under house arrest, because until the publication   
   of the full text of the sentence the promoter of justice before the Tribunal   
   of Vatican City State,   
   Giovanni Giacobbe, was unable to file an appeal. If he did not now do so   
   within the set deadline the sentence would be put into effect. In this case   
   the accused would have to serve his term in prison inside the Vatican, because   
   there was no relevant   
   convention with the Italian State. The possibility remains, however, that the   
   Holy Father will pardon Gabriele although, since it would be a personal   
   decision, it is not clear if and when he will do so.
   
   
The full text of the sentence is available (in Italian)   
   here.
TRIAL OF CLAUDIO SCIARPELLETTI TO TAKE PLACE ON 5 NOVEMBER
   
   
Vatican City, 23 October 2012 (VIS) - Giuseppe Dalla Torre, president of   
   the Tribunal of Vatican City State, has issued a decree ruling that the first   
   hearing in the trial of Claudio Sciarpelletti is to take place at 9 a.m. on 5   
   November.   
   Sciarpelletti, who is accused of complicity, was sent for trial by the   
   examining magistrate on 13 August, but his trial was separated from that of   
   Paolo Gabriele by a ruling issued during the course of the court hearing of 29   
   September.
   
   
The hearing will take place in the audience hall of the Tribunal of Vatican   
   City State, and the judicial bench will be composed of Giuseppe Dalla Torre,   
   president, and Paolo Papanti-Pelletier and Venerando Marano, judges.
   
   Per ulteriori informazioni e per la ricerca di documenti consultare il    
   sito: www.wisnews.org e www.vatican.va Il servizio del   
   VIS viene inviato soltanto agli indirizzi di posta elettronica che ne   
   hanno   
   fatto richiesta. Se per qualunque motivo non si desidera continuare a   
   riceverlo, si prega di visitare nostra pagina dinizio: http://212.77.1.245/news_services/press/vi   
   /italinde.php    
    Copyright (VIS): Le notizie contenute nei servizi del Vatican    
   Information Service possono essere riprodotte parzialmente o totalmente    
   citando la fonte: V.I.S. - Vatican Information Service.
   
   
   
      
      
      
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