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”.
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