Studia Koszalińsko-Kołobrzeskie (Jan 2024)
Analiza znowelizowanego listu apostolskiego papieża Franciszka Vos estis lux mundi
Abstract
For over twenty years, the church legislator has been strengthening the protection of minors and helpless people against sexual crimes committed by clergy and consecrated persons through general legislation. It does this both by means of substantive norms penalizing contra sextum acts, as well as formal regulations aimed at judging the perpetrators of this type of criminal acts. The amendment to the Vos estis lux mundi act made by Pope Francis on March 25, 2023, makes the protection of minors even more effective because it not only defines sexual offenses against minors and persons equivalent to them, but above all penalizes acts consisting of actions or omissions aimed at to interfere with or avoid civil or canonical, administrative or criminal investigations conducted against clergy or members of institutes of consecrated life, societies of apostolic life and moderators of international associations of the faithful recognized or erected by the Holy See. This type of criminal acts may be committed by broadly understood church superiors, who are at the head of both particular Churches and institutes and associations belonging to various forms of consecrated life. The amended Act introduced provisions increasing transparency and procedural economy. Additional emphasis was placed on the protection of injured persons, while ensuring the protection of the good name of the accused, who enjoys the presumption of innocence until the end of the proceedings. However, in the field of substantive law, there has been greater unification of the norms contained in the Act with other legal acts. The amended Vos estis lux mundi is another act of the church legislator intended to protect minors and people who cannot fully decide on their own actions against sexual crimes. It seems that the current legislation in this matter still requires unification and simplification, which will allow for more effective application of the law.
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