Criminal law in Vatican City

The Vatican City State and the Holy See, including the Roman Curia, are institutionally distinct. The Legge Fondamentale of 31 July 2026 is now the constitutional basis. Law 71/2008 on sources of law keeps the received Italian codes in force; Vatican laws supplement or change them, and Italian law fills gaps only when it is compatible with the Vatican legal system. Canon law provides a normative and interpretive reference for basic distinctions but is not itself treated here as a separate criminal code. Vatican criminal jurisdiction generally covers conduct committed in the territory, including a part of the conduct or its result. It can also cover conduct on a Vatican ship or aircraft and specified offences committed abroad, such as attacks on state security, the state seal or currency, official duties, or offences covered by ratified conventions. Additional rules can apply to Vatican citizens and to foreign nationals where the statutory minimum sentence reaches three years and the required connection to Vatican City exists. The Corpo della Gendarmeria performs police, judicial-police and prison functions and is functionally subject to the judicial authority. The Promotore di giustizia conducts investigations and public prosecutions in all three judicial instances. The Tribunale, Corte d'Appello and Corte di Cassazione form the ordinary court sequence. The Sommo Pontefice holds full legislative, executive and judicial authority and may assign a criminal case at any instance while excluding further appeals. A report may take the form of a denuncia, a report of a suspected offence, or a querela, a complaint by a person whose legal interest is affected where that form is required. The filing goes to the Ufficio del Promotore di giustizia. An appointment is required, the original paper document must be submitted, and email does not replace the legally required filing. Copies can incur fees. The available research does not establish a general published processing period, and court holidays run from 11 August to 20 September. Investigations may use a formal judicial investigation for offences whose maximum sentence exceeds 15 years. Other matters may proceed through direct investigation, an accelerated procedure for a person caught in the act, or a decree procedure. The Promotore di giustizia can collect evidence directly in a direct investigation, while a judge is required for measures such as expert examinations, judicial experiments, certain identification procedures and special witness situations. Defence counsel can access questioning, confrontations, expert examinations, searches and identifications. Electronic correspondence may be seized. Telephone and telematic interception requires judicial control and may last for 30 days at a time, with 20-day extensions up to 150 days; an informatic captatore may also be used. Audiovisual evidence-taking abroad through a Rappresentante Pontificio was introduced experimentally, but a current extension is not established in the available research. The defence and the right to adversarial proceedings apply throughout the criminal process. A public hearing is the usual principle, subject to protective measures. A direttissima is an accelerated hearing for a flagrant offence and can also apply without an arrest under Law 720/2025; the follow-up hearing occurs immediately or within 30 days. Legal classification and shortened procedures may also follow the Motu Proprio of 12 April 2023. Sanctions include imprisonment, with a general maximum of 35 years, fines, bans on public office or activities, and confiscation of the instrument, proceeds or price of an offence or their equivalent value. Unless a special law provides otherwise, the general fine range is EUR 5,000 to EUR 200,000. Temporary bans generally last from three months to two years and may not be shorter than six months where the relevant rule sets that minimum; some activity prohibitions can last up to three years. Legal entities may face fines, activity bans, withdrawal of licences or concessions, contract bans and confiscation. A suspended sentence may be available after a first conviction for up to two years, with different treatment for a delitto and a contravvenzione. The Sommo Pontefice may grant amnesty, pardon, remission, clemency or conversion of a sentence. Italy may assume enforcement on request under Article 22 of the Lateran Treaty, and transfer of sentenced persons follows the 1983 Convention and protocols in force for Vatican City since 1 May 2019. Victims receive specific protections under Law 297/2019 for minors and vulnerable persons. Vulnerability includes illness, physical or psychological impairment, or deprivation of liberty that materially limits understanding, free will or resistance. Victims can receive information about rights, services, procedural stages and restrictions on liberty; submit evidence and investigation requests; be heard; seek contact restrictions and protection against repetition, intimidation and reprisals; and receive support through the Servizio di accompagnamento. A court-funded special curator may be appointed. Closed hearings, videoconferencing or one-way glass can reduce contact with the accused, and a lawyer or trusted person may accompany the victim. A child under 14 may be accompanied by a psychologist. The limitation period is generally 20 years and begins for offences against minors when the person turns 18. Public officials must report offences without delay, subject to the sacramental seal exception. The current evidence does not establish a separate Vatican youth criminal court, youth prison, offender age threshold or local diversion procedure. Italian youth institutions should not be assumed to apply in Vatican City. Minors are instead clearly covered by the special victim-protection rules. Road-related criminal matters remain fragmented: the Corpo della Gendarmeria controls traffic, while the Department of Motor Vehicles handles registration and licences for citizens and residents. No separate Vatican road code or distinct road-crime offence is established in the current official criminal-law material. Digital offending is also fragmented. Vatican City has no separately identified cybercrime code in that material; technology-specific offences include child pornography committed through telematic means, while general offences can apply to digital conduct. Electronic seizure, interception, communication-data analysis, informatic captatori and evidence from abroad provide the main digital-investigation tools. A 2024 memorandum between the Governatorato and Italy's ACN supports cyber prevention, information exchange and electronic evidence cooperation.