Judical function
In accordance with Law No. CXIX of 21 November 1987 and Law No. LXVII of 24 June 2008, the judicial function has as its bodies, a sole judge (Giudice Unico) a Tribunal, a Court of Appeals and a Court of Cassation (highest court of appeals). These bodies exercise their power on behalf of the Supreme Pontiff.
The respective duties are established by the civil procedures code and by the criminal procedures code in effect in the State, as well as by the Motu Proprio on the jurisdiction of the judicial authorities of Vatican City State in criminal matters of 11 July 2013.
The Fundamental Law of 13 May 2023 defines the judicial function as follows:
TITLE IV
JUDICIAL FUNCTION
ARTICLE 21
1.The judicial function is exercised, in the name of the Supreme Pontiff by the bodies constituted according to the judicial system and by the other bodies to which the law confers competence for specific matters.
2. The Supreme Pontiff, in any civil or criminal case, and at any stage in the case, can defer the preliminary investigation and the decision to a particular instance with the exclusion of any other encumbrance.
3. In applying the law, the judge is inspired by the principle of equity, works for the restoration of justice and favours conciliation between the parties. Furthermore, in criminal cases, the judge imposes the sentence seeking the rehabilitation of the offenders, their reintegration and the restoration of the violated legal order.
4. The impartiality of the judge, the right of defence and the right to be heard between the parties are guaranteed in every trial.
ARTICLE 22
The power to grant amnesty, pardon, remission, clemency and to commute sentences is reserved to the Supreme Pontiff.
Law No. CCCLI on the judicial system of Vatican City State of 16 March 2020 defines judicial power as follows:
GENERAL PROVISIONS
Article 1
(Judicial Power)
Judicial power in Vatican City State is exercised, in the name of the Supreme Pontiff, by the following bodies:
a) the Tribunal;
b) the Court of Appeal;
c) the Court of Cassation
Article 2
(Judges)
1. The judges are hierarchically dependent on the Supreme Pontiff. In the exercise of their functions, they are subject only to the law.
2. Judges exercise their powers impartially, on the basis and within the limits of the competences established by law.
3. Judges lose their functions exclusively by sovereign will and for the causes of termination provided for by this law.
In the Apostolic Letter issued Motu Proprio containing amendments to criminal law and to the judicial system of 12 April 2023, some Articles of Law No. CCCLI have been changed:
Article 1 of Law No. CCCLI of 16 March 2020, which contains a single paragraph, has been replaced by the following:
“The Judicial power in the Vatican City State is exercised, in the name of the Supreme Pontiff, for the judging functions, by the Tribunal, by the Court of Appeal and by the Court of Cassation; for investigative and prosecutorial functions, by the Office of the Promoter of Justice".
Article 2, paragraphs 1,2, and 3 have been substituted by the following:
1. Judges are appointed by the Supreme Pontiff, and in the exercise of their functions are only subject to the law.
2. Judges exercise their powers impartially, on the basis and within the limits of the competences established by law.