When I heard reports that Benedict XVI’s butler was imprisoned for leading secret documents to the press, I was skeptical of the idea that the accused was actually locked up in a Vatican prison. Talk about a violation of two-kingdom theology. But thanks to the long and contested history of the papacy, it does turn out that the Vatican is a mix of temporal and spiritual authority still to this day. Here is a bit of the history:
Popes in their secular role ruled portions of the Italian peninsula for more than a thousand years until the mid 19th century, when many of the Papal States were seized by the newly united Kingdom of Italy. In 1870, the pope’s holdings were further circumscribed when Rome itself was annexed. Disputes between a series of “prisoner” popes and Italy were resolved in 1929 by three Lateran Treaties, which established the independent state of Vatican City and granted Roman Catholicism special status in Italy. In 1984, a concordat between the Holy See and Italy modified certain of the earlier treaty provisions, including the primacy of Roman Catholicism as the Italian state religion. Present concerns of the Holy See include religious freedom, international development, the environment, the Middle East, China, the decline of religion in Europe, terrorism, interreligious dialogue and reconciliation, and the application of church doctrine in an era of rapid change and globalization. About 1 billion people worldwide profess the Catholic faith.
Here is how the current Vatican penal system works:
It’s like criminal justice in Italy, but smaller. Upon the founding of Vatican City in 1929, Pope Pius XI decided it would be easier to adopt Italian criminal law and procedure—and any subsequent changes to that system—than it would be to build his own version from nothing. (Italy has since become too liberal for the Church on certain issues, such as abortion and homosexuality.) The Vatican’s promotor iustitiae (promoter of justice, or chief prosecutor) has the authority to haul scofflaws before the giudice unico, or trial court judge. Convicts can appeal to the three-judge Tribunale, and ultimately to the Corte di Cassazione, or Supreme Court of Appeals. Accused criminals have the right to a public defender.
Most of the differences between Vatican City’s penal system and those of other Western countries result from the country’s size. There are no jury trials in Vatican City, in part because the country’s entire jury pool consists of fewer than 900 people. Most convictions result in fines rather than confinement, because the Vatican doesn’t have a long-term prison. Those few prisoners who do receive prison sentences are housed in Italian facilities at Pope Benedict XVI’s expense. There is no plea-bargaining.
AdvertisementVatican City does boast a single jail, just to the south of St. Peter’s Basilica, for pretrial detention, but it’s small and more often used for storage of equipment than criminals.
I don’t think this is what Augustine had in mind but it gives a whole new meaning to “I fought the church and the church won.”