THE CONCHO PADRE POSTThe Pope has asked for the immediate removal of a statue erected in his honor at his old cathedral in Buenos Aires. One understands his concern. This is no time for immortalizing churchmen in statues while they are still alive, or perhaps even after they are dead. Let’s just say that this is not the way of the Church of the poor.
The Concho Padre
Here is the statement released by Archbishop Dominique Mamberti, Secretary for Relations with States, regarding the Holy Father’s recent Motu Propio on the jurisdiction of judicial authorities of Vatican City State.
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The laws approved yesterday by the Pontifical Commission for Vatican City State bring about a broad-ranging normative change, necessary for the function that this State, entirely sui generis, is called upon to carry out for the benefit of the Apostolic See. The original and foundational aim of the Vatican, which consists of guaranteeing the freedom of the exercise of the Petrine ministry, indeed requires an institutional structure that, the limited dimensions of the territory notwithstanding, assumes a complexity in some respects similar to that of contemporary States.
Established by the Lateran Pacts of 1929, the State adopted the judicial, civil and penal structures of the Kingdom of Italy in their entirety, in the conviction that this would be sufficient to regulate the legal relationships within a State whose reason for existence lies in the support of the spiritual mission of Peter’s Successor. The original penal system – constituted by the Italian Penal Code on 30 June 1889 and the Italian Penal Code of 27 February 1913, in force from 7 June 1929 – has seen only marginal modifications and even the new law on sources of law (No. 71 of 1 October 2008) confirms the criminal legislation of 1929, while awaiting an overall redefinition of the discipline.
The most recently approved laws, while not constituting a radical reform of the penal system, revise some aspects and complete it in other areas, satisfying a number of requirements. On the one hand, these laws take up and develop the theme of the evolution of the Vatican judicial structure, continuing the action undertaken by Pope Benedict XVI in 2010 to prevent and combat money-laundering and the financing of terrorism. In this regard, the provisions contained in the 2000 United Nations Convention Against Transnational Organised Crime, the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and the 1999 International Convention for the Suppression of Financing of Terrorism, are to be implemented, along with other conventions defining and specifying terrorist activity.
The new laws also introduce other forms of crime indicated in various international conventions already ratified by the Holy See in international contexts and which will now be implemented in domestic law. Among these conventions, the following are worthy of mention: the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, the 1989 International Convention on the Rights of the Child and the 2000 Optional Protocols, the 1949 Geneva Conventions on War Crimes, etc. A separate section is dedicated to crimes against humanity, including genocide and other crimes defined by international common law, along the lines of the 1998 Rome Statute of the International Criminal Court. From a substantial point of view, finally, further items of note are the revision of crimes against the public administration, in line with the provisions included in the 2003 United Nations Convention Against Corruption, as well as the abolition of the life sentence, to be substituted by a maximum custodial sentence of 30 to 35 years.
While many of the specific criminal offences included in these laws are undeniably new, it would however be incorrect to assume that the forms of conduct thereby sanctioned were previously licit. These were indeed punished, but as broader, more generic forms of criminal activity. The introduction of the new regulations is useful to define the specific cases with greater certainty and precision and to thus satisfy the international parameters, calibrating the sanctions to the specific gravity of the case.
Some of the new categories of criminal activity introduced (for instance, crimes against the security of air or maritime navigation or against the security of airports or fixed platforms) may appear excessive considering the geographic characteristics of Vatican City State. However, such regulations have on the one hand the function of ensuring respect for international anti-terrorism parameters, and on the other, they are necessary to ensure compatibility with the condition of so-called “dual criminality”, to enable the extradition of persons charged or convicted of crimes committed abroad should they seek refuge in Vatican City State.
Special emphasis is given to the discipline of “civil responsibility of juridical persons derived from a criminal violation” (arts. 46-51 of the law containing complementary regulations on criminal matters), introducing sanctions for juridical persons involved in criminal activities as defined by the current international legal framework. To this end an attempt has been made to reconcile the traditionally cautious approach observable also in the canonical order, according to which “societas puniri non potest” with the need, ever more evident in the international context, to establish adequate and deterrent penalties also against juridical persons who profit from crime. The solution adopted was therefore that of establishing administrative responsibility of juridical persons, obviously when it is possible to demonstrate that a crime was committed in the interests of or to the advantage of that same juridical person.
Significant modifications are introduced also in terms of procedure. These include: updates in the discipline of requisition, strengthened by measures regarding the preventative freezing of assets; an explicit statement of the principles of fair trial within a reasonable time limit and with the presumption of innocence; the reformulation of regulations regarding international judicial cooperation with the adoption of the measures established by the most recent international conventions.
From a technical and regulatory point of view, the plurality of sources available to experts was organised by means of their combination in a harmonious and coherent body of legislation which, in the frameworks of the Church’s magisterium and the juridical-canonical tradition, the principal source of Vatican law (Art. 1, Para. 1, Law No. 71 on the sources of law, 1 October 2008) takes into account simultaneously the norms established by international conventions and the Italian juridical tradition, reference to which has always been made by the Vatican legal order.
In order to better order a legislative work with such broad-ranging content, it has been drafted as two distinct laws. One brings together all the legislation consisting of modifications to the penal code and the code of criminal procedure; the other will instead consist of legislation of a nature which does not permit a homogeneous section within the code structure and is therefore gathered in form of a latereor complementary penal code.
Finally, the penal reform hitherto presented is completed with the adoption by the Holy Father Francis of a specific
Motu proprio, also bearing yesterday’s date, which extends the reach of the legislation contained in these criminal laws to the members, officials and employees of the various bodies of the Roman Curia, connected Institutions, bodies subordinate to the Holy See and canonical juridical persons, as well as pontifical legates and diplomatic staff of the Holy See. This extension has the aim of making the crimes included in these laws indictable by the judicial organs of Vatican City State even when committed outside the borders of the state.
Among the laws adopted yesterday by the Pontifical Commission for Vatican City State there is also the law consisting of general legislation on the subject of administrative sanctions. This law had already been proposed in Art. 7, Paragraph 4 of Law 71 on the sources of law of 1 October 2008, and establishes the general principles and regulation of the application of administrative sanctions.
For some time there has long been an awareness of the expedience of an intermediate tertium genus between penal and civil offences, also in relation to the growing relevance of administrative offences. As a discipline of principle, the provisions of such a law would be used whenever another law establishes the imposition of administrative penalties for a breach of law, no doubt to specify the procedure for their application to the competent authority and the order of other minor effects.
One of the cornerstones of the system introduced by this law is constituted by the so-called rule of law, as a result of which administrative sanctions may be imposed only in cases defined by law. The procedure for implementation is divided into a phase of investigation and challenge of the infringement by the competent offices, and a second phase of imposition of the sanction, which will fall within the competences of the President of the Governorate. Finally, there will be the right to appeal heard by a single judge except in more cases of more severe penalties, for which the jurisdiction of the Court is established.
To conclude this brief presentation, it may be observed that the laws indicated above are notable not only for their undeniable substantial and systematic relevance, but also because they represent a further significant step on the part of the Vatican legislator towards the refinement of its legal code, necessary to assume and promote the constructive and useful proposals of the international Community.
From zenit.org
(Vatican Radio) Pope Francis has issued a Motu Proprio on criminal law matters and administrative sanctions within Vatican City State and the Holy See. Read more.
The Concho Padre
In his homily at Mass celebrated with the residents of Lampedusa and the immigrants who have sought refuge there, Pope Francis spoke out against the “globalization of indifference” that leads to tragedies like the deaths of so many migrants seeking a better life.
Below, please find Vatican Radio’s full text of the Holy Father’s homily:
Immigrants who died at sea, from that boat that, instead of being a way of hope was a way of death. This is the headline in the papers! When, a few weeks ago, I heard the news – which unfortunately has been repeated so many time – the thought always returns as a thorn in the heart that brings suffering. And then I felt that I ought to come here today to pray, to make a gesture of closeness, but also to reawaken our consciences so that what happened would not be repeated. Not repeated, please! But first I want to say a word of sincere gratitude and encouragement to you, the residents of Lampedusa and Linosa, to the associations, to the volunteers and to the security forces that have shown and continue to show attention to persons on their voyage toward something better. You are a small group, but you offer an example of solidarity! Thank you! Thanks also to Archbishop Francesco Montenegro for his help and his work, and for his pastoral closeness. I warmly greet the Mayor, Mrs Giusy Nicolini. Thank you so much for all you have done, and for all you do. I give a thought, too, to the dear Muslim immigrants that are beginning the fast of Ramadan, with best wishes for abundant spiritual fruits. The Church is near to you in the search for a more dignified life for yourselves and for your families. I say to you “O’ scia’!” [trans.: a friendly greeting in the local dialect].
This morning, in light of the Word of God that we have heard, I want to say a few words that, above all, provoke the conscience of all, pushing us to reflect and to change certain attitudes in concrete ways.
“Adam, where are you?” This is the first question that God addresses to man after sin. “Where are you Adam?” Adam is disoriented and has lost his place in creation because he thought to become powerful, to dominate everything, to be God. And harmony was broken, the man erred – and this is repeated even in relations with his neighbour, who is no longer a brother to be loved, but simply someone who disturbs my life, my well-being. And God puts the second question: “Cain, where is your brother?” The dream of being powerful, of being as great as God, even of being God, leads to a chain of errors that is a chain of death, leads to shedding the blood of the brother!
These two questions resonate even today, with all their force! So many of us, even including myself, are disoriented, we are no longer attentive to the world in which we live, we don’t care, we don’t protect that which God has created for all, and we are unable to care for one another. And when this disorientation assumes worldwide dimensions, we arrive at tragedies like the one we have seen.
“Where is your brother?” the voice of his blood cries even to me, God says. This is not a question addressed to others: it is a question addressed to me, to you, to each one of us. These our brothers and sisters seek to leave difficult situations in order to find a little serenity and peace, they seek a better place for themselves and for their families – but they found death. How many times to those who seek this not find understanding, do not find welcome, do not find solidarity! And their voices rise up even to God! And once more to you, the residents of Lampedusa, thank you for your solidarity! I recently heard one of these brothers. Before arriving here, he had passed through the hands of traffickers, those who exploit the poverty of others; these people for whom the poverty of others is a source of income. What they have suffered! And some have been unable to arrive!
“Where is your brother?” Who is responsible for this blood? In Spanish literature there is a play by Lope de Vega that tells how the inhabitants of the city of Fuente Ovejuna killed the Governor because he was a tyrant, and did it in such a way that no one knew who had carried out the execution. And when the judge of the king asked “Who killed the Governor?” they all responded, “Fuente Ovejuna, sir.” All and no one! Even today this question comes with force: Who is responsible for the blood of these brothers and sisters? No one! We all respond this way: not me, it has nothing to do with me, there are others, certainly not me. But God asks each one of us: “Where is the blood of your brother that cries out to me?” Today no one in the world feels responsible for this; we have lost the sense of fraternal responsibility; we have fallen into the hypocritical attitude of the priest and of the servant of the altar that Jesus speaks about in the parable of the Good Samaritan: We look upon the brother half dead by the roadside, perhaps we think “poor guy,” and we continue on our way, it’s none of our business; and we feel fine with this. We feel at peace with this, we feel fine! The culture of well-being, that makes us think of ourselves, that makes us insensitive to the cries of others, that makes us live in soap bubbles, that are beautiful but are nothing, are illusions of futility, of the transient, that brings indifference to others, that brings even the globalization of indifference. In this
world of globalization we have fallen into a globalization of indifference. We are accustomed to the suffering of others, it doesn’t concern us, it’s none of our business.
The figure of the Unnamed of Manzoni returns. The globalization of indifference makes us all “unnamed,” leaders without names and without faces.
“Adam, where are you?” “Where is your brother?” These are the two questions that God puts at the beginning of the story of humanity, and that He also addresses to the men and women of our time, even to us. But I want to set before us a third question: “Who among us has wept for these things, and things like this?” Who has wept for the deaths of these brothers and sisters? Who has wept for the people who were on the boat? For the young mothers carrying their babies? For these men who wanted something to support their families? We are a society that has forgotten the experience of weeping, of “suffering with”: the globalization of indifference has taken from us the ability to weep! In the Gospel we have heard the cry, the plea, the great lament: “Rachel weeping for her children . . . because they are no more.” Herod sowed death in order to defend his own well-being, his own soap bubble. And this continues to repeat itself. Let us ask the Lord to wipe out [whatever attitude] of Herod remains in our hears; let us ask the Lord for the grace to weep over our indifference, to weep over the cruelty in the world, in ourselves, and even in those who anonymously make socio-economic decisions that open the way to tragedies like this. “Who has wept?” Who in today’s world has wept?
O Lord, in this Liturgy, a Liturgy of repentance, we ask forgiveness for the indifference towards so many brothers and sisters, we ask forgiveness for those who are pleased with themselves, who are closed in on their own well-being in a way that leads to the anaesthesia of the heart, we ask you, Father, for forgiveness for those who with their decisions at the global level have created situations that lead to these tragedies. Forgive us, Lord!
O Lord, even today let us hear your questions: “Adam, where are you?” “Where is the blood of your brother?” Amen.
On his first trip outside of Rome, Pope Francis has visited the Italian island of Lampedusa, a center for migration from Africa and other places. Here is the report from Vatican Radio.
(Vatican Radio) Pope Francis has delivered the homily at Mass on Sunday morning with seminarians and novices gathered in St Peter’s Basilica to mark the end of a four-day conference on vocation, discernment and formation here in Rome. Below, please find the English translation of the Holy Father’s remarks.
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Homily at Mass with Seminarians, Novices and those discerning their Vocations
Saint Peter’s Basilica, 7 July 2013
Dear Brothers and Sisters,
Yesterday I had the pleasure of meeting you, and today our joy is even greater, because we have gathered for the Eucharist on the Lord’s Day. You are seminarians, novices, young people on a vocational journey, from every part of the world. You represent the Church’s youth! If the Church is the Bride of Christ, you in a certain sense represent the moment of betrothal, the Spring of vocation, the season of discovery, assessment, formation. And it is a very beautiful season, in which foundations are laid for the future. Thank you for coming!
Today the word of God speaks to us of mission. Where does mission originate? The answer is simple: it originates from a call, the Lord’s call, and when he calls people, he does so with a view to sending them out. But how is the one sent out meant to live? What are the reference points of Christian mission? The readings we have heard suggest three: the joy of consolation, the Cross and prayer.
The first element: the joy of consolation. The prophet Isaiah is addressing a people that has been through a dark period of exile, a very difficult trial. But now the time of consolation has come for Jerusalem; sadness and fear must give way to joy: “Rejoice .. be glad … rejoice with her in joy,” says the prophet (66:10). It is a great invitation to joy. Why? For what reason? Because the Lord is going to pour out over the Holy City and its inhabitants a “torrent” of consolation, of maternal tenderness: “You shall be carried upon her hip and dandled upon her knees. As one whom his mother comforts, so I will comfort you” (vv. 12-13). Every Christian, especially you and I, is called to be a bearer of this message of hope that gives serenity and joy: God’s consolation, his tenderness towards all. But if we first experience the joy of being consoled by him, of being loved by him, then we can bring that joy to others. This is important if our mission is to be fruitful: to feel God’s consolation and to pass it on to others! Isaiah’s invitation must resound in our hearts: “Comfort, comfort my people” (40:1) and it must lead to mission. People today certainly need words, but most of all they need us to bear witness to the mercy and tenderness of the Lord, which warms the heart, rekindles hope, and attracts people towards the good. What a joy it is to bring God’s consolation to others!
The second reference point of mission is the Cross of Christ. Saint Paul, writing to the Galatians, says: “Far be it from me to glory except in the Cross of our Lord Jesus Christ” (6:14). And he speaks of the “marks of Jesus”, that is, the wounds of the crucified Lord, as a countersign, as the distinctive mark of his life as an Apostle of the Gospel. In his ministry Paul experienced suffering, weakness and defeat, but also joy and consolation. This is the Paschal mystery of Jesus: the mystery of death and resurrection. And it was precisely by letting himself be conformed to the death of Jesus that Saint Paul became a sharer in his resurrection, in his victory. In the hour of darkness and trial, the dawn of light and salvation is already present and operative. The Paschal mystery is the beating heart of the Church’s mission! And if we remain within this mystery, we are sheltered both from a worldly and triumphalistic view of mission and from the discouragement that can result from trials and failures. The fruitfulness of the Gospel proclamation is measured neither by success nor by failure according to the criteria of human evaluation, but by becoming conformed to the logic of the Cross of Jesus, which is the logic of stepping outside oneself and spending oneself, the logic of love. It is the Cross – the Cross that is always present with Christ – which guarantees the fruitfulness of our mission. And it is from the Cross, the supreme act of mercy and love, that we are reborn as a “new creation” (Gal 6:15).
Finally the third element: prayer. In the Gospel we heard: “Pray therefore the Lord of the harvest, to send out labourers into his harvest” (Lk 10:2). The labourers for the harvest are not chosen through advertising campaigns or appeals for service and generosity, but they are “chosen” and “sent” by God. For this, prayer is important. The Church, as Benedict XVI has often reiterated, is not ours, but God’s; the field to be cultivated is his. The mission, then, is primarily about grace. And if the Apostle is born of prayer, he finds in prayer the light and strength for his action. Our mission ceases to bear fruit, indeed, it is extinguished the moment the link with its source, with the Lord, is interrupted.
Dear seminarians, dear novices, dear young people discerning your vocations: “evangelization is done on one’s knees”, as one of you said to me the other day. Always be men and women of prayer! Without a constant relationship with God, the mission becomes a job. The risk of activism, of relying too much on structures, is an ever-present danger. If we look towards Jesus, we see that prior to any important decision or event he recollected himself in intense and prolonged prayer. Let us cultivate the contemplative dimension, even amid the whirlwind of more urgent and pressing duties. And the more the mission calls you to go out to the margins of existence, let your heart be the more closely united to Christ’s heart, full of mercy and love. Herein lies the secret of the fruitfulness of a disciple of the Lord! Jesus sends his followers out with no “purse, no bag, no sandals” (Lk 10:4). The spread of the Gospel is not guaranteed either by the number of persons, or by the prestige of the institution, or by the quantity of available resources. What counts is to be permeated by the love of Christ, to let oneself be led by the Holy Spirit and to graft one’s own life onto the tree of life, which is the Lord’s Cross.
Dear friends, with great confidence I entrust you to the intercession of Mary Most Holy. She is the Mother who helps us to take life decisions freely and without fear. May she help you to bear witness to the joy of God’s consolation, to conform yourselves to the logic of love of the Cross, to grow in ever deeper union with the Lord. Then your lives will be rich and fruitful! Amen.
(Vatican Radio) Pope Francis celebrated mass with hundreds of seminarians, novices, consecrated lay persons and clergy in St. Peter’s Basilica Sunday, calling their vocation a “mission.” Some 6,000 young men and women from across the globe have been on a four day pilgrimage to the tomb of Peter, reflecting and praying on their vocation in more than a dozen Rome churches and basilicas. Their journey culminated Sunday with this morning’s liturgy presided by Pope Francis. Read the report from Vatican Radio.
The Concho Padre
(Vatican Radio) Pope Francis on Saturday evening told future nuns and priests and consecrated laypeople to keep “freshness” and “joy” in their lives, as he said: “There is no sadness in holiness”.
Speaking to participants in a four-day international event for Seminarians, Novices and those on a vocational journey, Francis gave an off-the-cuff lecture to seminarians and novices from across the globe, gathered in the Paul VI Hall.
In his remarks, the Pope urged those present not to be tempted by a culture that exalts provisional values, and he told them to avoid trappings like the latest smartphones and expensive cars so they can devote more resources to help the poor.
“It is not you that I reproach” said the Pope, and he specified that it is today’s culture of the provisional of which we are all victims that does not help us: “because in this day and age it is very difficult to make a definitive choice”. He pointed out that when he was young it was easier because the culture of the time favoured definitive choices, be it in conjugal life, in consecrated life or in priestly life. But today – he said “it is not easy to make a definitive choice. We are victims of this culture of the provisional”.
And then Pope Francis took seminarians and novices to task for being “too serious, too sad”. “Something’s not right here,” Francis told them pointing out that `’There is no sadness in holiness,” and adding that such clergy lack `’the joy of the Lord.”
“To become a priest or a religious is not primarily our choice; it is our answer to a calling, a calling of love”.
`’If you find a seminarian, priest, nun, with a long, sad face, if it seems as if in their life someone threw a wet blanket over them,” then one should conclude `’it’s a psychiatric problem, they can leave – `buenos dias’”.
And he highlighted the fact that he wasn’t talking about superficial joy – `’the thrill of a moment doesn’t really make us happy,” warning against the temptation to seek `’the joy of the world in the latest smartphone, the fastest car.”
“It hurts my heart when I see a priest or a nun with the latest model of car” he said. And Francis continued saying “cars are necessary. But take a more humble one. Think of how many children die of hunger’ and dedicate the savings to them”.
Urging all those with vocations to be authentic and true, the Pope also reminded them never to be afraid to recognise their own sins. And speaking of their formation, Francis said there are four fundamental pillars: spiritual formation; intellectual formation; apostolic life – during which one must go forth and announce the Gospel; and community living. “On these four pillars” – Pope Francis said “you must build your vocations”.
During his remarks, Pope Francis also praised the late Mother Teresa, who cared for the most impoverished sick of Calcutta, India, and held her up as a courageous example. “I would like a more missionary church,”’ the pope told the young people “’Not so much a tranquil church, but a beautiful church that goes forward.”
The Day for Seminarians and Novices concludes on Sunday, with Mass presided by Pope Francis in St. Peter’s Basilica.
From Vatican Radio
A Vatican archbishop believes that the first encyclical issued by Pope Francis provides an “introduction” to the Pontiff’s teaching and pastoral style.
Archbishop Rino Fisichella, the president of the Pontifical Council for Promoting the New Evangelization, described “The Light of Faith” as “Pope Francis’ own contribution that he wants to offer to the new evangelization.”
He said that the encyclical – which is titled “Lumen Fidei” in Latin – is “distinctive” to Pope Francis, although much of its initial draft was written by the former Pope, Benedict XVI.
“Lumen Fidei, while recovering some insights and some content of the teaching of Benedict XVI, is totally a text of Pope Francis,” the archbishop said at the Holy See’s press office during the encyclical’s release on July 5.
“Here we find his style, and the peculiarity of the content to which we have become accustomed in the first months of his pontificate, especially with his daily homilies,” he added.
Archbishop Fisichella stressed that “the usage of expressions, the wealth of images to which he makes reference and the peculiarity of some quotations from ancient and modern authors make this text a true introduction to his teaching and allow a better understanding of the pastoral style that makes him unique.”
As an example, he pointed to the Pope’s usage of three verbs in the encyclical – walking, building, confessing – which he used in his first homily to the Cardinals the day after his election as pontiff.
“In some ways, it can be said that the encyclical is structured on these three verbs and specifies the content,” said the president of the Vatican’s New Evangelization department.
“Benedict XVI was asked repeatedly to write an encyclical on faith that would somehow conclude the triad that he had started on love with ‘Deus Caritas Est’ and on hope with ‘Spe Salvi,’” he stated.
Eventually, “insistence prevailed and Pope Benedict decided that he would write it to offer it at the end of the Year of Faith,” he said. However, “(h)istory wanted something else.”
The archbishop believes that the new document offers insight into the Year of Faith currently being celebrated by the Church.
The release of the encyclical on faith, divided into four chapters, an introduction and a conclusion, coincides with the Church’s Year of Faith and the 50th anniversary of the Second Vatican Council.
Archbishop Fisichella described Pope Francis’ encyclical as “a program on how to continue to live the experience that the whole Church has lived during a whole year with so many highly significant experiences.”
From EWTN News
(Vatican Radio) In his Mass on Saturday morning at the Casa Santa Marta, Pope Francis said being Christian “does not mean doing things, but allowing oneself to be renewed by the Holy Spirit.” The Pope emphasised that even in the life of the Church there are “ancient structures” to be renewed without fear.
“New wine in new wineskins.” In his homily, Pope Francis dwelt on the renewal that Jesus brings. “The doctrine of the law,” he noted, “is enriched, renewed with Jesus . . . Jesus makes all things new.” He said Jesus brings a “true renewal of the law, the same law, but more mature, renewed.” He explained that what Jesus requires of us is greater than the requirements of the law. The law allows us to hate our enemy; Jesus, on the other hand, tells us to pray for him. This, then, is “the Kingdom of God that Jesus preaches”: a renewal above all “in our heart.” We think that “being Christian means doing this, or doing that; but it is not so:
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