consider it as a free gift to care for. We are losing the attitude of wonder, contemplation, listening to creation'.
“If we foster this attitude of listening, we can discover how water speaks to us also of his Creator and reminds us of his story of love for humanity. Regarding this, it is eloquent the prayer for the blessing of water, that the Roman liturgy uses
both at the Easter Vigil and in the Ritual of baptism, where it is recalled that the Lord used this gift as a sign and remembrance of his goodness: Creation, the flood that puts an end to sin, the crossing of the Red Sea that delivers from slavery, the
Subject: VISnews130711
From: Vatican Information Service - Eng - txt <
visnews_entxt@mlists.vatican.va>
baptism of Jesus in the Jordan, the washing of the feet that turns into the precept of love, the water pouring out of the side of Christ Crucified, the command of the Risen Lord to make disciples and baptize them ... are milestones
in the history of
Salvation, in which water takes on a high symbolic value.
“Water speaks of life, purification, regeneration and transcendence. In the liturgy, water manifests the life of God shared with us in Christ. Jesus himself presents himself as the one who quenches our thirst, from whose breast rivers of living
water shall flow, and in his dialogue with the Samaritan woman he says: 'whoever drinks of the water that I will give will never thirst'. Thirst evokes
the deepest yearnings of the human heart, his failures and his quest for authentic happiness beyond
himself. And Christ is the one who gives the water that quenches the thirst within, he is the source of rebirth, the bath that purifies. He is the source of living water.
“For this reason, it is necessary to reiterate that all those involved in
the phenomenon of tourism have a big responsibility for water management, in order for this sector to be effectively a source of wealth at a social, ecological, cultural and
economic level. While we must work to fix the damage already done, we should also encourage its rational use and minimize the impact by promoting appropriate policies and providing effective ways, aiming at protecting our common future. Our attitude
towards nature and the mismanagement of its resources cannot burden others as well as future generations.
“Therefore more determination from politicians and entrepreneurs is necessary, because, although all are aware of the challenges made by the issue of water, we are conscious that this willingness should be put into practice with binding, specific
and verifiable commitments.
“This situation requires above all a change of mentality leading to adopt
a different lifestyle marked by sobriety and self-discipline. We must ensure that tourists are aware and reflect on their responsibilities and the impact of
their trip. They
must be convinced that not everything is allowed, although they personally carry the economic burden. We need to educate and encourage the small gestures allowing us not to waste or pollute the water and, at the same time, help us appreciate even more
its importance.
“We share the Holy Father’s concern to take 'all the serious commitment to respect and preserve creation, to be responsible for every person, to oppose the culture of waste, to promote a culture of solidarity and encounter'.
“With St. Francis, the 'Little Poor' of Assisi, we raise our hymn to God,
praising him for his creatures: 'Praised be to you, my Lord, for sister Water, which is very useful and humble and precious and pure'”.
___________________________________________________________
OTHER PONTIFICAL ACTS
Vatican City, 11 July 2013 (VIS) – Today, the Holy Father:
- appointed Archbishop Leo Boccardi as apostolic nuncio to Iran. Archbishop Boccardi was previously apostolic nuncio to Sudan and Eritrea.
- appointed Fr. Miguel Angel Cabello Almada, of the clergy of Caacupe, Paraguay, as bishop of Conception (area 30,984, population 406,000, Catholics 399,000, priests 34, religious 66), Paraguay. The bishop-elect was born in Piribebuy, Paraguay in 1965
and was ordained a priest in 1991. He obtained a licentiate and doctorate in dogmatic theology from the Pontifical Gregorian University in Rome, and has served in a number of pastoral roles, including head of the sanctuary “Dulce Nombre de
Jesus” in Piribebuy, formator of the national minor seminary of Villarrica, vicar of the parish of Tobati, professor in the Higher Institute of
Theology, Asuncion, vicar of the parish of “Primaro de marzo”, Caacupe, and spiritual
director of the national minor seminary in Caacupe. He succeeds Bishop Zacarias
Ortiz Rolon, S.D.B., whose resignation from the pastoral care of the same diocese the Holy Father accepted, upon having reached the age limit.
- appointed Bishop Jan Orosch as archbishop of Trnava (area 4,833, population 52,070, Catholics 51,915, priests 63, permanent deacons 1, religious 38), Slovakia. Bishop Orosch, previously apostolic administrator sede vacante of Trnava, was born in
Bratislava, Slovakia in 1953, was ordained to the priesthood in 1976, and received episcopal ordination in 2004.
___________________________________________________________
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</style> <br /><br /> <input type="hidden" value="VISnews130711" id="id_oggetto" />VATICAN INFORMATION SERVICE <br />YEAR XXII - N° 147<br />DATE 11-07-2013<br /><br />Summary:<br /> - MOTU PROPRIO ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF
VATICAN CITY STATE IN CRIMINAL MATTERS<br /> - NEW LAWS AIM TO MODERNISE VATICAN LEGAL SYSTEM<br /> - ARCHBISHOP DOMINIQUE MAMBERTI EXPLAINS THE IMPORTANCE OF THE LAWS APPROVED BY THE PONTIFICAL COMMISSION FOR VATICAN CITY STATE<br /> - WORLD TOURISM
DAY: “TOURISM AND WATER - PROTECTING OUR COMMON FUTURE”<br /> - OTHER PONTIFICAL ACTS<br /><br />___________________________________________________________ <br /><br /><!--?xml version="1.0" encoding="UTF-8" standalone="yes"?-->
<p>MOTU PROPRIO ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF VATICAN CITY STATE IN CRIMINAL MATTERS</p>
<p>Vatican City, 11 July 2013 (VIS) – Pope Francis' apostolic letter issued Motu proprio on the jurisdiction of the judicial authorities of Vatican City State in criminal matters was published this morning. The full text is given below: </p>
<p>“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.</p>
<p>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.</p>
<p>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.</p>
<p>With a view to renewing the Apostolic See’s commitment to cooperate to
these ends, by means of this Apostolic Letter issued Motu Proprio, I establish that:</p>
<p>1. The competent Judicial Authorities of Vatican City State shall also exercise penal jurisdiction over:</p>
<p>a) crimes committed against the security, the fundamental interests or the patrimony of the Holy See;</p>
<p>b) crimes referred to: </p>
<p>-in Vatican City State Law No. VIII, of 11 July 2013, containing Supplementary Norms on Criminal Law Matters;</p>
<p>-in Vatican City State Law No. IX, of 11 July 2013, containing Amendments to
the Criminal Code and the Criminal Procedure Code;</p>
<p>when such crimes are committed by the persons referred to in paragraph 3 below, in the exercise of their functions;</p>
<p>c) any other crime whose prosecution is required by an international agreement ratified by the Holy See, if the perpetrator is physically present in
the territory of Vatican City State and has not been extradited.</p>
<p>2. The crimes referred to in paragraph 1 are to be judged pursuant to the criminal law in force in Vatican City State at the time of their commission, without prejudice to the general principles of the legal system on the temporal
application of
criminal laws.</p>
<p>3. For the purposes of Vatican criminal law, the following persons are deemed 'public officials':</p>
<p>a) members, officials and personnel of the various organs of the Roman Curia
and of the Institutions connected to it.</p>
<p>b) papal legates and diplomatic personnel of the Holy See.</p>
<p>c) those persons who serve as representatives, managers or directors, as well as persons who even de facto manage or exercise control over the entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept
by the Governorate of Vatican City State;</p>
<p>d) any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority.</p>
<p>4. The jurisdiction referred to in paragraph 1 comprises also the administrative liability of juridical persons arising from crimes, as regulated
by Vatican City State laws. </p>
<p>5. When the same matters are prosecuted in other States, the provisions in force in Vatican City State on concurrent jurisdiction shall apply.</p>
<p>6. The content of article 23 of Law No. CXIX of 21 November 1987, which approves the Judicial Order of Vatican City State remains in force.</p>
<p>This I decide and establish, anything to the contrary notwithstanding. </p> <p>I establish that this Apostolic Letter issued Motu Proprio will be promulgated by its publication in L’Osservatore Romano, entering into force on 1 September 2013”.</p>
<br />___________________________________________________________ <br /><br /><!--?xml version="1.0" encoding="UTF-8" standalone="yes"?-->
<p>NEW LAWS AIM TO MODERNISE VATICAN LEGAL SYSTEM</p>
<p>Vatican City, 11 July 2013 (VIS) – The Holy See Press Office has today
published the following communique regarding Pope Francis' Motu Proprio on matters of criminal law in Vatican City State:</p>
<p>“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.</p>
<p>“The Motu proprio makes the criminal laws adopted by the Pontifical Commission for Vatican City State applicable also within the Holy See. 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.</p>
<p>“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.</p>
<p>“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). </p>
<p>“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.
<p>“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.</p>
<p>“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. </p>
<p>“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.</p> <p>“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”.</p>
<p>The communique concludes, “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”.</p>
<br />___________________________________________________________ <br /><br /><!--?xml version="1.0" encoding="UTF-8" standalone="yes"?-->
<p>ARCHBISHOP DOMINIQUE MAMBERTI EXPLAINS THE IMPORTANCE OF THE LAWS APPROVED BY THE PONTIFICAL COMMISSION FOR VATICAN CITY STATE</p>
<p>Vatican City, 11 July 2013 (VIS) – Published below is the full text of
a presentation given by Archbishop Dominique Mamberti, secretary for Relations with States, on the laws approved by the Pontifical Commission for Vatican City
State:</p>
<p>“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.</p> <p>“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.</p> <p>“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.</p>
<p>“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.</p>
<p>“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.</p>
<p>“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.</p>
<p>“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.</p>
<p>“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.
<p>“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.</p>
<p>“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.</p>
<p>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.</p>
<p>“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. </p> <p>“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.</p>
<p>“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
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