Vatican ‘trial of the century’ resumes after prosecution setbacks News
Claude Truong-Ngoc / Wikimedia Commons - cc-by-sa-4.0, CC BY-SA 4.0, via Wikimedia Commons
Vatican ‘trial of the century’ resumes after prosecution setbacks

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 partiality.

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 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.

THIS DAY @ LAW

First international arbitration court founded

On February 6, 1900, the Permanent Court of Arbitration (PCA) was founded with the ratification of the 1899 Convention for the Pacific Settlement of International Disputes. Set at The Hague in the Netherlands, the PCA was the first international tribunal established to settle disputes between nations. The PCA was later revised by the subsequent 1907 Convention for the Pacific Settlement of International Disputes. Today, the PCA is housed at the Peace Palace in The Hague and is comprised of 109 member countries.

20th Amendment to the US Constitution ratified

On February 6, 1933, the 20th Amendment to the US Constitution was ratified by the requisite majority of states, moving the start of presidential, vice-presidential and congressional terms from March to January in an effort to shorten the problematic "lame duck" period.

Learn more about the 20th Amendment.