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The appeal of the fraud conviction of a Catholic cardinal resumed in the Vatican on Tuesday after a pause in proceedings following the resignation of the case’s chief prosecutor for alleged impartiality.
In the continuation of the appeal, the defense argued that the original investigation into the case was flawed. In 2019, Pope Francis issued the “Rescripta,” four secret decrees granting Vatican prosecutors broad powers in the early stages of the investigation, including illegal wiretapping and the right to deviate from existing laws. The defense claimed that these power violated defendants’ right to a fair trial.
The argument revealed tension between traditional criminal law and canon law. No legal violation had technically occurred because the Pope issued the order. However, the Pope also shouldn’t create laws that violate defendants’ God-given rights, setting up a potential dilemma if a court finds the decrees violated defendants’ rights.
In January, the High Court of Cessation announced that it would accept the chief prosecutor’s resignation mid-trial. The resignation came after exposed WhatsApp messages suggested the prosecutor engaged in questionable conduct related to evidence and witnesses, with witnesses influencing the main complainant that sparked the original investigation.
In 2023, Cardinal Angelo Becciu and multiple Vatican officials were convicted of embezzlement and fraud in connection to a real estate investment scandal. The Vatican’s investment of €350 million (US $413 million) into a London property turned out to be undervalued, and unused investment money was funneled for personal use. Becciu was charged with embezzlement and abuse of office for using funds to finance family members. The entire scandal resulted in a €139 million loss for the Holy See.
Following the verdicts, defendants appealed the convictions. Prosecutors also appealed the court’s rejection of their broader theory of a grand conspiracy. The appeal, which started in September, is heard by a panel comprised of two judges from the High Court of Cassation and Archbishop Alejandro Arellano Cedillo.
However, the court rejected the prosecution’s appeal, ruling that it brought forward invalid legal arguments and failed to comply with Article 131 of the Code of Criminal Procedure. Submitted appeals must state specific legal grounds upon which the higher court would review a case. Prosecutor’s appeal simply stated dissatisfaction over the trial court “rejecting a broader theory of a grand conspiracy” without pinpointing actual legal errors made during trial and so failed to qualify for appellate review.
The post Vatican ‘trial of the century’ resumes after prosecution setbacks appeared first on JURIST - News.
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In the continuation of the appeal, the defense argued that the original investigation into the case was flawed. In 2019, Pope Francis issued the “Rescripta,” four secret decrees granting Vatican prosecutors broad powers in the early stages of the investigation, including illegal wiretapping and the right to deviate from existing laws. The defense claimed that these power violated defendants’ right to a fair trial.
The argument revealed tension between traditional criminal law and canon law. No legal violation had technically occurred because the Pope issued the order. However, the Pope also shouldn’t create laws that violate defendants’ God-given rights, setting up a potential dilemma if a court finds the decrees violated defendants’ rights.
In January, the High Court of Cessation announced that it would accept the chief prosecutor’s resignation mid-trial. The resignation came after exposed WhatsApp messages suggested the prosecutor engaged in questionable conduct related to evidence and witnesses, with witnesses influencing the main complainant that sparked the original investigation.
In 2023, Cardinal Angelo Becciu and multiple Vatican officials were convicted of embezzlement and fraud in connection to a real estate investment scandal. The Vatican’s investment of €350 million (US $413 million) into a London property turned out to be undervalued, and unused investment money was funneled for personal use. Becciu was charged with embezzlement and abuse of office for using funds to finance family members. The entire scandal resulted in a €139 million loss for the Holy See.
Following the verdicts, defendants appealed the convictions. Prosecutors also appealed the court’s rejection of their broader theory of a grand conspiracy. The appeal, which started in September, is heard by a panel comprised of two judges from the High Court of Cassation and Archbishop Alejandro Arellano Cedillo.
However, the court rejected the prosecution’s appeal, ruling that it brought forward invalid legal arguments and failed to comply with Article 131 of the Code of Criminal Procedure. Submitted appeals must state specific legal grounds upon which the higher court would review a case. Prosecutor’s appeal simply stated dissatisfaction over the trial court “rejecting a broader theory of a grand conspiracy” without pinpointing actual legal errors made during trial and so failed to qualify for appellate review.
The post Vatican ‘trial of the century’ resumes after prosecution setbacks appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.