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”.
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