Law of Evidence at Vatican City
The law of evidence in Vatican City is governed by a combination of canon law and civil law, with the latter primarily derived from Italian legal principles. The judicial system is structured to uphold the principles of justice and equity, ensuring that trials are conducted impartially and that the rights of the accused are protected.
🧾 Legal Framework
Canon Law:
Canon law serves as the foundational legal system in Vatican City.
The Supreme Tribunal of the Apostolic Signatura acts as the highest court, overseeing both ecclesiastical and civil matters.
The principle of "unus testis, nullus testis" (one witness is no witness) is upheld, meaning that the testimony of a single witness is generally insufficient to establish a fact without corroboration . (Law of Vatican City, Unus testis, nullus testis)
Civil Law:
The civil legal system is based on the Italian legal code, with adaptations to align with Vatican City's unique status and religious context.
In 2020, Pope Francis enacted Law No. CCCLI, reforming the judicial system to enhance the independence of judges and prosecutors and to better address economic, financial, and criminal cases .
The law emphasizes the impartiality of judges and guarantees the right of defense and the right to be heard in every trial . (Pope Francis reforms Vatican City courts with new law | Catholic News Agency, Judicial function)
⚖️ Court System
Tribunal:
The primary court handling civil and criminal cases.
Composed of a sole judge or a panel of judges, depending on the case's complexity.
Court of Appeal:
Hears appeals from the Tribunal.
Ensures consistency and fairness in the application of the law.
Court of Cassation:
The highest court, serving as the final arbiter on legal matters.
Ensures that laws are interpreted and applied uniformly across the judicial system.
Office of the Promoter of Justice:
Functions as the prosecutor's office, responsible for initiating and conducting criminal prosecutions.
Operates independently to uphold the rule of law .
🧭 Evidence Admissibility
Witness Testimony: Testimonies are evaluated based on credibility and corroborative evidence.
Documentary Evidence: Documents must be authentic and relevant to the case.
Expert Opinions: Experts may be called upon to provide specialized knowledge pertinent to the case.
Physical Evidence: Material objects presented must be properly identified and linked to the case.
🛡️ Rights of the Accused
Right to Defense: Accused individuals have the right to be represented by legal counsel and to present their defense.
Fair Trial: Trials are conducted publicly, and judgments are rendered promptly.
Protection from Self-Incrimination: Individuals cannot be compelled to testify against themselves.
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