Archbishop Iannone on Church’s fight against abuse and existing norms

By Andrea Tornielli

The fight against abuse remains a constant concern within the Church, especially in recent years. The topic has also surfaced in ongoing Synod discussions and continues to be closely followed by the media.

We spoke with Archbishop Filippo Iannone, Prefect of the Dicastery for Legislative Texts, to explore some of the procedures implemented.

Q: Can you tell us where we stand with regard to the laws in force? Are they effective?

It is certainly a central concern for the entire Church, as the Pope often emphasizes, which is why it naturally found its place in the interventions of the members of the Synod. Canon law for the repression and punishment of crimes of abuse against minors and vulnerable adults has been updated in recent years, taking into account the experience acquired in past years, various suggestions from local Churches and individuals working at different levels in the fight against the phenomenon. More importantly, it mirrors the 2019 meeting at the Vatican, convened by Pope Francis, with the presidents of bishops’ conferences from around the world and officials from the Roman Curia.

Canon criminal law has been revised and the new motu proprio Your estis lux mundi was promulgated, which establishes “universal procedures aimed at preventing and combating these crimes which betray the trust of the faithful”. The standards followed by the Dicastery for the Doctrine of the Faith in judging the crimes reserved for it have also been revised. Throughout legislation, there is an increasing emphasis on the welfare of those whose dignity has been violated and on ensuring a “fair” process, respecting the fundamental principles of the legal system. Among other things, the obligation for priests and consecrated persons to report potential abuse to ecclesiastical authorities if they become aware of it has been established.

Regarding the effectiveness of the standards, it is difficult to make an overall judgment as this would require access to all relevant data. However, from my personal experience, I would say yes. In any case, I would like to recall the words of Pope Francis: “Even though so much has already been accomplished, we must continue to learn the bitter lessons of the past, looking with hope to the future. »

Q: Can you explain how the possible remission of an excommunication is granted? Are there any expedited processes for this? Who is involved?

Excommunication, which canon law classifies among censures, is the penalty which deprives a baptized person who has committed a crime (such as desecration of the Eucharist, heresy, schism, abortion or violation of the seal of confession by a priest) and is contumacious (i.e. disobedient) of certain spiritual goods until they cease to persist in that state and are absolved. Spiritual goods, or those attached to them, of which punishment deprives the individual, are those necessary for Christian life, first and foremost the sacraments.

Excommunication has a strictly “medicinal” purpose, aimed at the healing and spiritual healing of the person concerned, so that, once repentant, they can once again receive the goods of which they have been deprived (the salvation of souls is the law supreme in the Church). Therefore, to obtain the reduction, the person must demonstrate that this objective has been achieved. No specific deadline is set. The necessary condition is that the individual has truly repented of the crime and has adequately made reparation for the scandal and damage caused, or at least has seriously promised to make such reparation. Obviously, the assessment of these circumstances must be made by the authority responsible for granting the remission of sentence, in a pastoral spirit, taking into account the good disposition of the person and the social impact of such a decision. .

Q: In recent weeks, several media articles have proposed various interpretations regarding the canonical procedures for reserved crimes. Could you explain what these procedures are and how they are applied?

We are dealing with crimes which, due to their seriousness in matters of faith or morality, are judged exclusively by the Dicastery for the Doctrine of the Faith. The procedure followed by the Dicastery can be of two types: the so-called “administrative” procedure or the judicial procedure. In the case of an administrative procedure, once the procedure has been concluded by an extrajudicial criminal decision, the convicted person has the possibility of appealing the decision to the Appeals Examination College, specially constituted within the same Dicastery. The decree issued by this College is final. In the case of criminal legal proceedings, once the various stages of the trial have been completed, the sentence becomes final (res judicata) and therefore enforceable.

In both cases, the convicted person may request restitutio in integrum (i.e. the restoration of their original state) of the Dicastery for the Doctrine of the Faith. It is also possible to request a review in the form of a pardon; in this case, the procedure is usually carried out by the Supreme Tribunal of the Apostolic Signature, but it can also be entrusted to other bodies. Given the confidential nature of these communications, the Secretary of State coordinates the various authorities and transmits the relevant decisions for the execution of the measures adopted.