Pope Francis modifies the Vatican penal code

Pope Francis on Tuesday made several changes to the Vatican penal code, citing "changing sensitivities" that require updates to an "outdated" law. "Needs that have emerged, even recently, in the criminal justice sector, with the consequent repercussions on the activity of those who, for various reasons, are concerned, require constant attention to reformulate the current substantive and procedural legislation", affirms papa wrote in the introduction to his motu proprio of February 16. The law is influenced, he said, by "inspiring criteria and functional solutions [which are] now obsolete." Thus, Francis said, he continued the process of updating the law as dictated "by the changing sensitivity of the times". Many of the changes introduced by Pope Francis concern the treatment of the accused in a criminal trial, including the possibility of a reduction of the sentence for good behavior and not being handcuffed in court.

An addendum to Article 17 of the Penal Code states that if the offender, during his sentence, "behaved in a way that implied his repentance and participated profitably in the treatment and reintegration program", his sentence can be reduced. from 45 to 120 days for each year of served sentence. He adds that before the start of the sentence, the offender can enter into an agreement with the judge for a treatment and integration program with the specific commitment to "eliminate or mitigate the consequences of the crime", with actions such as repairing the damage o the voluntary execution of social assistance, “as well as conduct aimed at promoting, where possible, mediation with the injured person”. Article 376 is replaced by a new wording which states that the arrested accused will not be handcuffed during the trial, with other precautions taken to prevent his escape. Pope Francis also stated that, in addition to article 379, if, however, the accused is unable to attend the hearing due to "legitimate and serious impediment, or if due to mental infirmity he is unable to attend to his defense ", the hearing will be suspended or postponed. If the accused refuses to attend the trial hearing, without having a "legitimate and serious impediment", the hearing will continue as if the accused were present and he or she will be represented by the defense attorney.

Another change is that the court ruling in a trial can be made with the defendant "in absentia" and will be dealt with in the ordinary way. These changes could affect the upcoming trial in the Vatican against Cecilia Marogna, a 39-year-old Italian woman accused of embezzlement, which she denies. In January, the Vatican announced that it had withdrawn Marogna's extradition request from Italy in the Vatican and said that a trial against her would soon begin. The Vatican statement noted that Marogna had refused to appear for questioning during the preliminary investigation, but the court had withdrawn the extradition order to allow her to "participate in the trial in the Vatican, free from the precautionary measure pending against her." The question remains whether Marogna, who has filed complaints with the Italian courts for alleged crimes against her in connection with her arrest last October, will be present to defend herself at the trial in the Vatican. Pope Francis also made several amendments and additions to the Vatican City State judicial system, dealing primarily with procedure, such as allowing a magistrate from within the office of the promoter of justice to perform the functions of a prosecutor in hearings and in the sentences of appeal. Francis also added a paragraph which states that at the end of their functions, the ordinary magistrates of the Vatican City State "will keep all the rights, assistance, social security and guarantees provided for citizens". In the code of criminal procedure, the motu proprio stated that the pope also repealed articles 282, 472, 473, 474, 475, 476, 497, 498 and 499 of the code of criminal procedure. The changes take effect immediately