Pope Francis issued an encyclical to simplify the judicial mechanism and improve the operation of the system in accordance with the “needs that have emerged in the field of judicial management in recent years”. The functions of the Public Prosecutor’s Office are clearly defined and the rules governing the retirement of Vatican court presidents have been revised.
(Vatican News Network)In view of Vatican City State’s “needs that have emerged in the field of judicial management in recent years”, Pope Francis has made some adjustments to criminal regulations and judicial rules through an encyclical. This manual came out on April 12, and the relevant adjustments came into effect on the 13th of the same month.
The Pope clearly pointed out in the encyclical that these amendments involve two aspects: the first is to simplify the verification mechanism; functioning, and even improve it as much as possible”.
The chief novelty of this ordinance concerns the judicial power exercised in the name of the Pope in Vatican City State. According to the new revision, the functions of trial are performed by courts at all levels, while the functions of investigation and prosecution are entrusted to the procuratorate.
Regarding the duties of prosecutors, the handbook clearly states that if the conditions for granting judicial clemency are sufficient, or if the circumstances of the crime are minor, the prosecutor may apply to the court for a ruling of “not prosecuting”.
Another novelty is related to the three-person collegial panel. According to the new system, if a judge in the three-member collegial panel fails to perform or resigns, the president of the court can appoint an agent to participate in the work of the collegial panel and have the jurisdiction of trial.
In addition, when the presidents of the Vatican City State Court, the Court of Appeals and the Supreme Court will step down within the judicial year, according to the new regulations, the Pope can appoint an assistant president to assist the president in performing his duties, and when the president steps down be replaced.
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