With a revamped criminal code, Vatican to crack down on crimes against minors, money laundering and corruption
Vatican City (AsiaNews) - The main amendments to the Criminal Code and the Criminal Procedure Code of the Holy See, which Pope Francis approved today, include new, stricter provisions and longer sentences for anyone convicted for crimes against minors, money laundering, corruption and racial discrimination, including "members, officials and personnel" of the various bodies of the Roman Curia and of the institutions connected to it. Although never enforced, life in prison has also been formally abolished.
Illustrated by Secretary of State for Relations with States Mgr Dominique Mamberti, the Motu Proprio presenting the Vatican's new laws begins by saying, "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."
In view of this, "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."
At the same time, they "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."
Established by the Lateran Pacts of 1929, the Vatican State adopted the judicial, civil and penal structures of the Kingdom of Italy in their entirety, including the Italian Penal Code of 30 June 1889 and the Italian Penal Code of 27 February 1913, coming into force on 7 June 1929, and only marginally modified since then. This is why the major overhaul of the Vatican's legal system, which the pope signed into law today, is so important.
Indeed, "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."
Being of "general nature", the new "law on administrative sanctions" will "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."
"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)."
"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."
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