Several of the changes introduced by Pope Francis involve treating the defendant in a criminal trial, including the possibility of reduced sentence for good behavior and not being handcuffed in court.
VATICAN CITY – Pope Francis made several changes to the Vatican penal code on Tuesday, citing “changes in sensitivity” requiring updates to an “outdated” law.
“Needs that have emerged, even recently, in the scope of criminal justice, with the consequent repercussions on the activity of those who, for various reasons, are interested in it, require constant attention to reform the current substantive and procedural legislation”, says the Pope wrote in introduction of his motu proprio on 16 February.
The law is affected, he said, by “inspiring criteria and functional solutions [which are] now out of date. “
Thus, said Pope Francis, he continued the process of updating the law as dictated “by the new sensibilities of the times”.
Several of the changes introduced by Pope Francis involve treating the defendant in a criminal trial, including the possibility of reduced sentence for good behavior and not being handcuffed in court.
An addendum to article 17 of the penal code establishes that if the convicted person, during his sentence, “behaves in a way that implies his regret and has successfully participated in the treatment and reintegration program”, his sentence can be reduced from 45 to 120 days for each year of sentence served.
He adds that, before initiating the sentence, the offender may enter into an agreement with the judge for a treatment and integration program with a specific commitment to “eliminate or mitigate the consequences of the crime”, through actions such as damage repair or voluntary performance social work, “as well as conducts that aim to promote, whenever possible, mediation with the victim”.
Article 376 is replaced by a new wording, establishing that the arrested defendant will not be handcuffed at the trial, other precautions being taken to prevent escape.
Pope Francis also said that, in addition to Article 379, if, however, the defendant is unable to attend the hearing for “legitimate and serious impediment, or if due to mental illness he cannot provide his own defense”, the hearing will be suspended or postponed.
If the defendant refuses to attend the trial hearing, without having “legitimate and serious impediment”, the hearing will continue as if the defendant were present, and will be represented by the defense attorney.
Another change is that the trial of the court in a trial can be done with the defendant “by default” and will be dealt with in the ordinary way.
These changes could affect the imminent Vatican trial of Italian Cecilia Marogna, 39, accused of embezzlement, which she denies.
In January, the Vatican announced that it had withdrawn a request for the extradition of Marogna from Italy to the Vatican and said that a trial against her would begin soon.
The Vatican statement noted that Marogna refused to appear for questioning during the preliminary investigation, but the court withdrew the extradition order to allow her to “participate in the trial at the Vatican, free from the pending injunction against her”.
It is not yet known whether Marogna, who filed complaints to Italian courts for alleged crimes against her in connection with her arrest last October, will be present to defend herself at the Vatican trial.
Pope Francis also made several amendments and additions to the Vatican City State judicial system, dealing mainly with procedures, such as allowing a magistrate from within the prosecutor’s office to perform the functions of a public prosecutor at appeal and sentencing hearings. .
Pope Francis also added a paragraph to declare that after the end of their duties, ordinary magistrates of the Vatican City State “will retain all the rights, assistance, social security and guarantees provided to citizens”.
In the penal procedure code, the motu proprio states that the pope also repealed articles 282, 472, 473, 474, 475, 476, 497, 498 and 499 of the criminal procedure code.
The changes take effect immediately.