Italian, english, español

 

WHEN TIME BECOMES A PROBLEM. PRELIMINARY INVESTIGATIONS IN THE CRIMINAL LAW OF THE VATICAN CITY STATE

A system called to be a point of moral reference in the constant reference to the protection of the person must be able to guarantee that those same principles find full and concrete application also internally.

– Theology and canon law –

.

PDF print format article – article print format – article in printed format

 

.

From the numerous reforms which have affected the judicial system of the Vatican City State in recent years, one topic continues to receive little attention: the duration of the preliminary investigations.

In contemporary procedural systems the legislator is called upon to reconcile two fundamental needs: allow the judicial authority the time necessary to ascertain the facts and prevent a person from remaining under investigation for an indefinite period. This is not a mere organizational problem, but of an issue that affects the balance between the public interest in the repression of crimes and the protection of fundamental human rights.

In the Vatican City State the criminal trial continue to be disciplined, in its fundamental lines, by the Italian Code of Criminal Procedure promulgated by Royal Decree 27 February 1913, n. 127, transposed into that system with the constitution of the State in 1929 and subsequently modified by Law no. IX of 11 July 2013, without, however, being replaced by a new code of criminal procedure. It is a system in which investigations are mainly entrusted to the judicial authorities, while the defense can only intervene at a later stage of the proceedings, according to a different approach from that of modern trials based on the cross-examination between prosecution and defense from the start of the trial phase.

Such a regulatory vacuum is even more significant if we consider that the system of the Vatican City State does not have a body equipped with functions similar to those of a Constitutional Court, to whom the review of the conformity of the procedural rules with the fundamental principles of the legal system and the protection of personal rights can be delegated. It is not about, however, of a gap in the Vatican legal structure, but rather a coherent consequence of its peculiar institutional structure, in which the Roman Pontiff, as Sovereign of the State and Supreme Legislator, pursuant to Article. 1 from the Fundamental law of the Vatican City of 13 May 2023 exercises the full power of government, including the legislative power, executive and judicial. In such a system there is no body called upon to review the legitimacy of the acts of the Supreme Legislator, as happens in constitutional systems based on the principle of separation of powers.

The lack of a rule on the duration of preliminary investigations it is therefore destined to produce two sets of consequences: the first directly concerns the position of the subject subjected to investigations. In the absence of a deadline within which the judicial authority is called to carry out the criminal action or to request dismissal, the proceedings could continue for an indefinite time, with the continuation of any restrictive measures already adopted - such as seizures, suspension of payment of salaries, pensions or other benefits, or further measures affecting the legal sphere of the interested party - without the latter being able to fully exercise his right of defense in the contradictory proceedings, which finds its natural home in judgment. The second consequence instead affects the very credibility of the Vatican system: the Holy See has always authoritatively recalled in international forums the centrality of the dignity of the person, of due process and the protection of fundamental rights. For this reason, the progressive adaptation of procedural regulations to these principles does not only represent a requirement of legislative technique, but also a need for institutional coherence.

A system called to be a moral point of reference in the constant reminder of the protection of the person, should it not perhaps guarantee that those same principles find full and concrete application internally as well?

Velletri of Rome, 15 July 2026

.

WHEN TIME BECOMES A PROBLEM. PRELIMINARY INVESTIGATIONS IN THE CRIMINAL JUSTICE SYSTEM OF THE VATICAN CITY STATE

A legal system called to serve as a moral reference in constantly upholding the dignity of the human person must ensure that those same principles find full and effective application within its own legal order.

– Theology and canon law –

.

Among the many reforms introduced in recent years within the judicial system of the Vatican City State, one issue continues to receive little attention: the duration of preliminary investigations. In contemporary systems of criminal procedure, the legislature must reconcile two fundamental requirements: allowing the judicial authority the time necessary to establish the facts, while preventing a person from remaining under investigation indefinitely. This is not merely an organisational issue, but one that directly affects the balance between the public interest in prosecuting offences and the protection of the individual’s fundamental rights.

The criminal proceedings of the Vatican City State continue, in their essential framework, to be governed by the Italian Code of Criminal Procedure enacted by Royal Decree No. 127 of 27 February 1913, incorporated into the Vatican legal order when the State was established in 1929 and subsequently amended by Law No. IX of 11 July 2013, though never replaced by a new Code of Criminal Procedure. It is a system in which preliminary investigations are entrusted primarily to the judicial authority, while the defence intervenes only at a later stage of the proceedings, according to an approach that differs from modern criminal justice systems, where prosecution and defence confront one another from the very beginning of the trial.

This legislative gap becomes even more significant when one considers that the legal order of the Vatican City State has no institution comparable to a Constitutional Court entrusted with reviewing the conformity of procedural rules with the fundamental principles of the legal order and the protection of individual rights. This, however, is not a deficiency of the Vatican legal system, but a coherent consequence of its distinctive institutional structure, in which the Roman Pontiff, as Sovereign of the State and Supreme Legislator, pursuant to Article 1 of the Fundamental Law of the Vatican City State of 13 May 2023, exercises the fullness of governmental authority, including the legislative, executive and judicial powers. Within such a system, there can be no body entrusted with reviewing the legitimacy of acts issued by the Supreme Legislator, as occurs in constitutional systems founded upon the separation of powers.

The absence of any provision governing the duration of preliminary investigations is therefore liable to produce two distinct consequences. The first directly concerns the position of the person under investigation. In the absence of a time limit within which the judicial authority must either bring criminal charges or request the dismissal of the case, the proceedings may continue indefinitely, while any restrictive measures already imposed — such as the seizure of assets, the suspension of salaries, pensions or other benefits, or any further measures affecting the legal position of the person concerned — remain in force, without that person being able fully to exercise the right of defence within the adversarial proceedings, whose proper place is the trial itself. The second consequence concerns the credibility of the Vatican legal order. The Holy See has consistently affirmed in international fora the central importance of human dignity, due process and the protection of fundamental rights. For this reason, the progressive adaptation of procedural legislation to these principles is not merely a matter of legislative technique, but also one of institutional consistency. A legal system called to serve as a moral reference in constantly upholding the dignity of the human person must ensure that those same principles find full and effective application within its own legal order.

Velletri (Rome), 13 July 2026

.

WHEN TIME BECOMES A PROBLEM. PRELIMINARY INVESTIGATIONS IN THE CRIMINAL SYSTEM OF THE VATICAN CITY STATE

A legal system called to be a moral reference in the constant defense of the dignity of the person must guarantee that these same principles find full and effective application also in its own system..

– Theology and canon law –

.

Among the numerous reforms that have affected the judicial system of the Vatican City State in recent years, There is an issue that continues to receive little attention: the duration of preliminary investigations. In contemporary procedural systems, The legislator is called to reconcile two fundamental demands: allow the judicial authority the time necessary to clarify the facts and prevent a person from remaining under investigation for an indefinite period of time. This is not a simple organizational problem, but rather an issue that directly affects the balance between the public interest in the prosecution of crimes and the protection of the fundamental rights of people..

The criminal process of the Vatican City State continues to govern, in its fundamental lines, by the Italian Code of Criminal Procedure promulgated by Royal Decree No.. 127, from 27 February 1913, incorporated into that system with the constitution of the State in 1929 and later modified by Law No. IX, from 11 July of 2013, without having been replaced, however, for a new Code of Criminal Procedure. This is a system in which preliminary investigations are mainly entrusted to the judicial authority, while the defense intervenes only in a later phase of the procedure, according to a model different from that adopted by modern processes based on the contradictory principle between accusation and defense from the very beginning of the process.

A regulatory loophole of this nature It is even more significant if one considers that the Vatican City State system does not have a body endowed with functions comparable to those of a Constitutional Court., who could be entrusted with the control of compliance of the procedural rules with the fundamental principles of the legal system and with the protection of the rights of the person. It is not about, however, of a deficiency in the Vatican legal system, but of a coherent consequence of its peculiar institutional structure, in which the Roman Pontiff, as Sovereign of the State and Supreme Legislator, according to the article 1 of the Fundamental Law of the State of the Vatican City of 13 May 2023, exercises the full power of government, which includes the legislative powers, executive and judicial. In a system of this nature there cannot be a body called to control the legitimacy of the acts of the Supreme Legislator., as happens in constitutional systems founded on the principle of separation of powers.

The absence of a standard establishing a deadline for the duration of preliminary investigations is, therefore, destined to produce two orders of consequences. The first directly affects the position of the person under investigation. In the absence of a period within which the judicial authority must exercise criminal action or request the archiving of the proceedings, The procedure can be extended indefinitely, maintaining any restrictive measures already adopted - such as the seizure of assets, suspension of payment of salaries, pensions or other benefits, or any other measure that affects the legal sphere of the interested party - without the latter being able to fully exercise his or her right of defense within the framework of the adversarial principle, whose natural scope is judgment. The second consequence affects the credibility of the Vatican legal system itself.. The Holy See has always defended with authority, in international bodies, the centrality of the dignity of the person, of due process and the protection of fundamental rights. For this reason, The progressive adaptation of procedural legislation to these principles does not only represent a requirement for legislative technique., but also a requirement for institutional coherence. A legal system called to be a moral reference in the constant defense of the dignity of the person must guarantee that these same principles find full and effective application also in its own system..

Velletri (Rome), 13 July of 2026

.

Visit the pages of our book shop WHO and support our editions by purchasing and distributing our books.

.

______________________

Dear Readers,
this magazine requires management costs that we have always faced only with your free offers. Those who wish to support our apostolic work can send us their contribution through the convenient and safe way PayPal by clicking below:

Or if you prefer you can use our
Bank account in the name of:
Editions The island of Patmos

n Agency. 59 of Rome --vatico
Iban code:
IT74R0503403259000000301118
For international bank transfers:
Codice SWIFT:
BAPPIT21D21

If you make a bank transfer, send an email to the editorial staff, the bank does not provide your email and we will not be able to send you a thank you message:
isoladipatmos@gmail.com

We thank you for the support you wish to offer to our apostolic service.

The Fathers of the Island of Patmos

.

.

.