TEXT OF PRESENTATION BY
H.E. MSGR. DOMINIQUE MAMBERTI,
SECRETARY FOR RELATIONS WITH STATES,
OF THE MOTU PROPRIO OF POPE FRANCIS
ON CRIMINAL LAW MATTERS AND ADMINISTRATIVE SANCTIONS
[Introduction: communique of the Holy See Press Office]
1. 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.
2. The Motu proprio makes the criminal laws adopted by the Pontifical Commission for Vatican City State applicable also within the Holy See.
3. 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.
4. 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.
5. 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).
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
Presentation of the motu proprio by the Secretary for Relations with States Abp. Dominique Mamberti
Public Release made July 11, 2013, by The Holy See Press Office
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 common good.
Ultimus Triritus Probatum Romanus is three sets of official and sacred writs issued throughout the year 2011,
signifying the collapse and termination of the master trusts established by presumption by the Vatican, also known
as the Roman Cult and their leadership through the Khazarian/Magyar leadership of Venice. Ultimus Triritus
Probatum Romanus stands for “The final three times writs of probate against Rome” and is the formal title given to
the collection of these writs issued.
On Augst 15th 2011, upon the anniversary of the formation of the Jesuit Order, official notice through a Writ of
Probate was issued to the three Popes, being the White Pope of the Vatican, the Black Pope of the Jesuits and the Grey
Pope of the Venetian Franciscans that the Trust Aeterni Regis had fulfilled its purpose and was terminated, with all
property vested to One Heaven for the benefit of all men and women, living and deceased.
Hi Henri
Dp you know if the Trust Aeterni Regis is the same as the Cestui Que Vie trust?
Thanks.
Can anyone state exactly what this says in layman’s terms and who does this apply to in regards to nation states or countries? Does this apply to judicial jurisdiction around the world or only within the Vatican?
Malcolm< In my limited understanding but which resonates in my Heart, it applies to the whole kit and kabooble because the Pope is said to have been the "owner of the World and everything upon it. PS. very simply put, (check yourself) All 'National Governments" and "countries" everywhere are "corporations" listed on the stock exchange, they control "us" by virtue of our Birth Certificate which was turned into a "corporate fiction". All corporations exist as under Roman Curia. the Vatican!!Back to Zero Point!!!!
why do we as humans use such complicated unnecessary language to get a simple points across? Basically it says no more cruel treatment of humans, (in any form) be that man woman or child. No more ‘safety zones’ for all the ones on the planet who thought they could rape children and steal from the people, and that ‘supposedly’ no more funny business with our value. it’s a nice essay, but let’s see if this is just another big ‘announcement’ that really does zilch in the big scheme of things.Much like the last year.
Vanessa
Then its up to us all to make sure that we be and live the change we want and take action get the I-UV flyers out there and start to see the change it all over the world now.
Its time to let go of fears of yesterday that time has gone we now are living under universal law and need to stop looking out of the door its time to step through the door in to the brave new world being created by the people for the people to real peace love and freedom.
Vanessa
The more science looks in to the placebo effect the more proof they fine that it works, put this in to the bigger picture, if people stopped thinking that things won’t work then they probably won’t so if everyone sees it working then it probable will.?
Look up the monkey effect.
Peace Love and freedom 🙂
The papal bull Aeterni regis [English: “Eternal king’s”] was issued on 21 June 1481 by Pope Sixtus IV. It confirmed the substance of the Treaty of Alcáçovas, reiterating that treaty’s confirmation of Castile in its possession of the Canary Islands and its granting to Portugal all further territorial acquisitions made by Christian powers in Africa and eastward to the Indies.
This bull confirmed the earlier bulls Romanus Pontifex, issued by Nicholas V in 1455, and Inter caetera, issued in 1456 by Callixtus III.[1] It was the legal basis of Don Christopher Columbus’s authority as viceregal agent of the Spanish crown in the Americas.
A Cestui Que VieTrust, also known later as a “Fide Commissary Trust” and later again as a “Foreign Situs trust” and also known as a form of “Secret Trust”is a fictional concept being a Temporary Testamentary Trust, first created during the reign of Henry VIII of England through the Cestui Que Vie Act of 1540 and updated by Charles II through the Cestui Que Vie Act of 1666 wherein an Estate may be effected for the Benefit of one or more Persons presumed lost or abandoned at “sea” and therefore assumed/presumed “dead” after seven (7) years. Additional presumptions by which such a Trust may be formed were added in later statutes to include bankrupts, minors, incompetents, mortgages and private companies.
Thanks for that info, Henri. I wonder if you would mind explaining what the Trust Aeterni Regis is? It would help my understanding of your first post. Thanks.
Sorry, Henri, I hadn’t seen the previous post in which you explained the Aeterni Regis – so thank you so much for that too. 🙂
El amor empieza por uno mismo…Y el moviniento se demuestra andando. El mundo está cambiando, Es hora de dar y darse. Solo así permaneceremos en el centro del uracan sin ser arrasados. Hay algo ilógico en no dar la cara: En la asociación hay lider; El Cristiano debe cumplir la doctrina de Cristo y ser ejemplar (predicar con el ejemplo).Quien conspira contra su prójimo haciendo actos criminales, expoliando o sobornando, hace cómplices que tambíen son culpables de su corrupción. La conciencia es lo único que tenemos. Por favor, que sea lo mas transparente y limpia con la Creación, Y así mismo, con todos nuestros hermanos. Que Dios nos libre de juzgar y hacer leyes que jamás cumplimos.
Totalmente de acuerdo Luís.
Es la hora de tomar el toro por lo cuernos y demostrar que los cristianos pueden ser los lídires del cambio.
Un fuerte abrazo.
Kaspar
These guys go way back and have been at the core of the slavery system we are now living within. I do not trust a word of it, Smoke and mirrors… again. I can only believe there is a much more devious plan in hand for us who swallow it hook line and sinker. Throwing a few minions under the bus finally… to preserve their dominant position sounds more feasible, given the long history of oppression that has been waged upon the people of the world. I trust them no more than I trust the indonesian dragon society.
Give us back everything, that includes the billions of lives you destroyed and took. OMG I KNOW what you catholic priests have done, I have seen enough in visions to know that I want you to leave Life because you are not worthy of it. I am sickened by not only catholic agendas, but the new cristian religion peons propagating that false word of God called bible, and the fanatical automitons trying to sell me the same lies that destroyed so many of their own ancestors, its like the movie Soylent Green, accept cristians raise there children and feed them to the church, while they watch the church eat themselves and then try to sell me, as diner, for the church, to me. OMG I have wanted to stop you, even help you, then you try and sell me again your soylent church. This darkness must leave life. As you can see, I am still a bit upset. I will eventually forgive myself, as for the church, get out of the way, before we all see you and hold you accountable for it ALLLL, GRRRRR, Ahhhhh. We are coming!
“The Motu proprio makes the criminal laws adopted by the Pontifical Commission for Vatican City State applicable also within the Holy See” – see of Rome viewed as the central government of the Roman Catholic Church
Does this apply to us, it looks like ti applies to the people that form the central government of the roman catholic church and to the government of the Vatican City State – Doesn’t this make each of of people that are part of both personally liable ?
Doesn’t it therefore only apply to organisations within the jurisdiction of the Vatican City State and the Cental Government of the Roman Catholic Church.
As we are not a catholic nation (church of england) does any of this actually mean anything at all ?
Looks like this only applies to the Holy See
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,
Muchas veces cuesta dar con articulos biedn expuestos, por lo que aprovecho para felicitarte.Siguan as
how can i enforc this vatican city state law no. viii of july 11,2013 on these de-facto’s actors under article 46
To all whom may read these words: May Our Heavenly Father Bestow Great Wisdom and Blessings Upon You