Another radical change by the Pope: removal of the judicial privileges of cardinals

ROMA – Follow Francis’ offensive to make a radical change in the Vatican and so that no one has any more old privileges. The day after the promulgation of an anti-corruption law for Vatican executives, with a new decree today modified the legal system so that everyone becomes equal before the law of the commission of criminal offenses and, above all, so that cardinals and bishops are judged in the Vatican like everyone else.

With a new apostolic letter in the form of a “motu proprio” (by his own decision) “on the changes in the matter of competence of the judicial bodies of the State of Vatican City”, signed and distributed today, the Pope has changed something essential especially in the light of the defenestration, in September of last year, of the Italian Cardinal Angelo Becciu, former deputy of the Secretary of State and until recently one of the most influential figures of the Holy See. Amid big secrecy, Becciu faces investigation by Vatican prosecutors for Secretary of State’s embezzlement in connection with millionaire London property purchase, among other irregularities and should be dealt with shortly.

As explained by Vatican News, the Vatican portal, henceforth cardinals and bishops accused of criminal offenses by Vatican magistrates, if they are brought to justice, will be tried by the Vatican City State Court like everyone else, and not by a special Court of Cassation, chaired by a cardinal, as has been the case until now. This is precisely the great novelty introduced by the motu proprio of Pope Francis, which changed the legal order of the Vatican State promulgated in March 2020.

Pope Francis, in fact, founded on a principle of equality of all members of the Church, decided to abolish article 24 of the ordinance, which provided that cardinals and bishops accused of criminal offenses in the Vatican State could apply to the Court of Cassation, composed of three cardinals and two or more applied judges.

The change in legislation comes after the intervention of Pope Francis himself during the inauguration of the judicial year at the Vatican on March 27. Then, as he recalled in the motu proprio, he underlined “the priority need which – also thanks to the opportune normative changes – in the current procedural system, the equality of all members of the Church and their dignity and equal position emerge, without privileges that will return to other times that no longer correspond to the responsibilities that correspond to each in the Church building (edificación de la Iglesia). It requires steadfastness in faith and consistency in behavior and actions ”.

“ On the basis of these considerations, we see today the need to proceed with certain modifications of the judicial order, also in order to ensure to each one a judgment articulated to more degrees and in line with the dynamics followed by the the most advanced legal experiences at international level. “he explained.

Cardinals and bishops sent to justice for common criminal offenses (not related to the violation of ecclesiastical laws governed by canon law) they will continue to be judged like everyone else by the same Vatican Court, according to the three degrees of judgment.

According to the new decree, in any case, it does not change and the prior authorization of the Pontiff is still necessary to bring cardinals and bishops to justice. Something similar is happening in states that allow parliaments to judge heads of state or ministers.