the most advanced contemporary legal systems. Indeed, all the fundamental
principles are established and fully implemented: an independent and impartial
tribunal constituted by law, the presumption of innocence, the right to a
technical defence (by private or ex officio legal representation), and the
freedom of the judicial college to form an opinion on the basis of evidence in
public hearing and in debate between the prosecution and the defence, leading
to
the issuance of a sentence able to be substantiated and with the possibility of
being contested by appeal and ultimately annulled.
All those engaged in judicial roles, both investigators and judges, are
selected via co-optation; they may not be recruited by way of a public
selection
procedure open to the citizens of the State, as normally occurs in other
States.
They are selected from among professionals of the highest level, with
consolidated experience and a recognised reputation (as may be seen in their
curricula vitae, which can be consulted via internet). Indeed, they are all
professors in Italian universities.
With regard to the lawyers, a violation of the right to a defence has been
hypothesised. In this respect it is necessary to avoid a basic mistake: the
current Vatican legislation, applied by the legal authorities, is perfectly in
line with procedural law in the majority of jurisdictions throughout the world,
where a specific qualification is required for admission to practice in the
courts; this is issued subject to certain prerequisites and the possession of
specified qualifications. It is therefore unsurprising that a lawyer able to
practice in Italy may not be able to do so in Vatican City State, just as he or
she would not be able to practice in Germany or France. Arguments to the
contrary would imply that a foreign defendant would be able to claim to be
represented in Italy by a foreign private lawyer, which is not permitted. Such
conditions do not constitute a limit imposed by the Vatican legal order, but
rather a further confirmation of its autonomy and completeness.
All lawyers are enrolled on an easily consulted professional register of
lawyers with right of audience before the Vatican City State Tribunal. Ex
officio or private lawyers may be selected from the professionals on this
register.
These are lawyers qualified not only at the Tribunals of the Church and the
Holy See, but also in the Italian courts, as they are all registered in the
respective councils of the Order of Italian lawyers. In addition, they also
possess a second degree in canon law and a further diploma conferred following
a
three-year specialist course at the Roman Rota. Therefore, they are
professionals who, aside from being in authorised to practise in Italy, are
also
in possession of further knowledge rendering them eligible for practice in a
jurisdiction in which a knowledge of canon law is necessary.
These are prerequisites necessary to guarantee the professionalism and
competence of those who are entrusted with ensuring the proper conduct of a
trial which, for various reasons, attracts broad attention.
___________________________________________________________
New hearing in the trial for dissemination of reserved news and documents
Vatican City, 7 December 2015 (VIS) - The Holy See Press Office today issued
the following communique:
"This morning at 9.30, in the Vatican City State Tribunal, a further hearing
was held in the criminal trial for the dissemination of confidential news and
documents.
The defendants were all present, accompanied by their respective lawyers (all
five of whom are currently recognised as 'private' lawyers: E. Bellardini for
Msgr. L.A. Vallejo Balda, L. Sgr≥ for F. I. Chaouqui, R.C. Baffioni for N.
Maio,
L. Musso for E. Fittipaldi and R. Palombi for G. Nuzzi).
The College of judges (President Prof. Giuseppe Dalla Torre, and the members
Prof. Piero Antonio Bonnet, Prof. Paolo Papanti-Pellettier and Prof. Venerando
Marano) heard the oral presentation from the defence, along with the objections
and demands already submitted in writing prior to the established deadline
(Saturday 5 December).
With regard to each objection and demand submitted, the opinion of the
Promoter
of Justice represented by Prof. Milano and Prof. Zannotti was heard.
The College therefore retired to the Counsel Chamber shortly before 10.30 for
around one hour. Finally, it communicated its decisions, providing the proper
detailed motivations. The hearing concluded before midday.
The objection presented by Chaouqui's defence regarded the presumed lack of
jurisdiction of the Tribunal given that the events took place in Italy and were
carried out by a person declared a 'political refugee' in Italy. The objection
was rejected, and the College clarified that the current law attributes without
doubt the jurisdiction of the Vatican City State Tribunal, and observed that
Chaouqui, by appearing before the investigators and the Tribunal, had in
practice recognised such jurisdiction.
The demand presented by the Msgr. Vallejo Balda's counsel for the defence for
a
psychological evaluation of the defendant was rejected. The Promoter of Justice
explained that the Vatican legal system admits requests for a 'psychiatric
evaluation' but not for a 'psychological evaluation', and that aspects of the
personality and behaviour of the defendant can emerge adequately during the
proceedings.
Practically all the other demands were admitted, in particular:
- A technical evaluation requested by Chaouqui's counsel for the defence
regarding the documentation available via PC and telephones, to be carried out
by an expert designated by the Tribunal accompanied by an expert selected by
the
defence. The Promoter of Justice approved this request.
- The acquisition of various further elements of documentation and evidence
required by various counsels for the defence (texts of email messages
referenced
in the investigation, text messages, articles published in various newspapers,
and a 'psychiatric evaluation' of Msgr. Vallejo Balda previously carried out
and
conserved in his home). The Promoter of Justice was in favour of all the above.
- The College considered it suitable to admit the requests for further
witnesses, presented by various counsels for the defence and for different
reasons (including clergy such as Cardinals Santos Abril and Parolin,
Archbishop
Krajewski and Msgr. Abbondi, and figures from the worlds of journalism and
communications, such as Mario Benotti, Paolo Mieli, Paolo Mondani, Paola
Brazzale and Marco Bernardi), although the Promoter of Justice had expressed a
contrary opinion in some cases".
___________________________________________________________
New external auditor for Consolidated Financial Statements
Vatican City, 7 December 2015 (VIS) - The Council for the Economy, continuing
the implementation of new financial management policies and practices in line
with international standards, took an important step this week by appointing a
new international auditing firm.
The Council accepted a recommendation from its Audit Committee and appointed
PricewaterhouseCoopers "PwC", one of the major international firms, as the
external auditor for the consolidated financial statements.
PwC will work closely with the staff of the Secretariat of the Economy, and
the
2015 audit will commence immediately.
___________________________________________________________
Audiences
Vatican City, 7 December 2015 (VIS) - Today, the Holy Father received in
audience:
- Cardinal Kurt Koch, president of the Pontifical Council for Promoting
Christian Unity, presenting a gift on behalf of the Ecumenical Patriarch
Bartholomaios;
- Maria Elvira Velasquez Rivas-Plata, ambassador of Per∙ at the Holy See,
presenting her credential letters;
- Cardinal Fernando Filoni, prefect of the Congregation for the Evangelisation
of Peoples;
- Cardinal Telesphore Placidus Toppo, archbishop of Ranchi, India;
- Archbishop Jean-Marie Speich, apostolic nuncio in Ghana;
- Eduard Habsburg-Lothringen, ambassador of Hungary at the Holy See;
- NadΦge VΘdie, president of the World Conference of Secular Institutes
(CMIS),
and entourage.
On Saturday 5 December the Holy Father received in audience:
- Cardinal Marc Ouellet, prefect of the Congregation for Bishops;
- Eduardo Felix Valdes, ambassador of Argentina, on his farewell visit;
- Cardinal Beniamino Stella, prefect of the Congregation for the Clergy.
___________________________________________________________
Other Pontifical Acts
Vatican City, 7 December 2015 (VIS) - The Holy Father has appointed:
- Archbishop Luciano Suriani, delegate for papal diplomatic representations,
as
apostolic nuncio in Serbia.
- Archbishop Romeo Pawlowski, apostolic nuncio in Congo and Gabon, as delegate
for papal diplomatic representations.
On Saturday 5 December the Holy Father appointed Archbishop Miguel Maury
Buendia as apostolic nuncio in Kazakhstan, Kyrgyzstan and Tajikistan.
___________________________________________________________
Notice
Vatican City, 7 December 2015 (VIS) - There will be no Vatican Information
Service bulletin tomorrow, Tuesday 8 December, Solemnity of the Immaculate
Conception, a holy day and a holiday in the Vatican. Service will resume on
Wednesday 9 December.
___________________________________________________________
For more information and to search for documents refer to the site:
www.visnews.org and www.vatican.va
Copyright (VIS): the news contained in the services of the Vatican
Information Service may be reproduced wholly or partially by quoting
the source: V. I. S. - Vatican Information Service.
http://www.vatican.va/news_services/press/vis/vis_en.html
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* Origin: Sursum Corda! BBS=Huntsville AL=bbs.sursum-corda.com (1:396/45)
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