Penal Jurisprudence, Training for legal practice

The new Diploma in Penal Jurisprudence will be offered by the Faculty of Canon Law in the academic year 2021-2022. It is an innovative course, both in terms of subject matter and methodological approach. The course is open to a limited number of 14 students and is addressed to those who want to pursue a legal career in courts and already have a Licentiate or Doctorate in Canon Law. “Those lacking experience in legal proceedings are expected to develop a thorough understanding of the principles of criminal law and of their fair and expert application,” said Fr. Damián Guillermo Astigueta S.J., moderator of the Diploma. “Experience in the field of matrimonial litigation is not enough. In fact, when the same line of reasoning is applied, procedural errors and injustices are committed, both in the outcomes and in the way people are treated.” 

 

Why was this new academic programme created?

“Because there is a need in the Church to study Canon Law not only in its theoretical dimension, but also in its practical aspects. Based on 40 years of experience of our Diploma in Matrimonial Jurisprudence and the successful achievements of our alumni in Courts where they serve, the Faculty of Canon Law has decided to create a parallel course in Penal Jurisprudence. This is essentially a practical course where the students - under the guidance of highly qualified and experienced faculty members - are confronted with real court cases. Affidavits, documents, e-mails, photographs are all included in the proceedings... yet which evidence leads to an understanding of reality? How are the facts ascertained? How is the hierarchy of evidence established? When is there moral certainty of the defendant’s culpability or innocence?”

 

Today the term ‘abuse’ instantly suggests sexual abuse, yet it involves a much broader area than this...

“The sphere of sexual abuse has acted as a trigger, as it exposed a number of failings. Moreover, there are many different forms and degrees of severity of the abuse itself, ranging from child pornography to blackmail to extort sexual favours from the victim. But there are also crimes against the sanctity of the sacraments, such as consecration with a sacrilegious purpose or violation of the sacramental seal. There is spiritual abuse, abuse of power, as well as abuses involving financial matters. In fact, a course on economic crimes is among the most prominent innovations. Such crimes have proved to be extremely severe: many ecclesiastic and artistic assets were misappropriated in recent years for personal or third-party gain. It is a relatively unrecognised subject, requiring considerable expertise in tackling the subject of treatment of ecclesiastical property and the field of investments.”

 

Can these diverse offences be tackled using the same approach?

“The crimes are judged by different congregations. The Congregation for the Doctrine of the Faith has exclusive competence for many crimes, whereas the Congregation for Institutes of Consecrated Life is competent for matters such as serious violations of discipline that do not constitute a crime. The Congregation for the Clergy is the competent body for cases of illicit abandonment of ministry. Other penal cases fall under the jurisdiction of the Court of the Roman Rota, whereas some other cases are judged by the tribunal of the Apostolic Signatura. The Diploma features a wide range of subjects entailing diverse modus operandi as required by the various tribunals and Dicasteries, thereby providing the student with the necessary skills to handle situations involving different authorities.”

 

Which is the chosen teaching methodology? 

“Based on a legal framework which students are expected to be well versed in, the courses - both the monographic courses and the seminars - are designed to provide “normative insights” in two different ways.

As regards the monographic courses, the teacher will refer to the regulatory basis and explain it with examples drawn from experience. In fact, our lecturers are all renowned and highly qualified experts who have been working for years in Congregations and Tribunals.”

 

How will the “practical” seminars be carried out?

“It is of utmost importance for students to have access to the proceedings and see how people, the plaintiff, the defence lawyer express themselves. Subsequently, they will engage in a sort of role playing, each one being given a specific role amongst those envisaged. A confrontation ensues in which the case is discussed, documents are exchanged and a discussion is held on the content of the presentations. The professor always has the freedom to adapt the methodology to the subject matter, depending on whether it is a case judged by the Congregation for the Clergy, the Sacra Rota or other bodies: different situations correspond to different court dynamics. Finally, the whole procedure is discussed in front of the professor, with the final decision on the case. Sometimes it may not have been a perfect decision. The objective is to gain practical knowledge of the trial process and develop a forma mentis enabling a competent understanding of the proceedings.”

 

Will you be cooperating with other academic departments?

“We have asked the Centre for Child Protection for the support of professors with expertise in psychological dynamics. While we certainly would not want the sexual abuse issue to be a major subject of study, it represents a very important area to be understood and addressed. Furthermore, in close cooperation with the experience of Italy’s Criminal Law Department, a course will focus on the questioning of witnesses: How is an interrogation carried out? What should be asked, and how? How should the interrogation be conducted without re-victimising the alleged victim and without conveying some form of personal condemnation of the offender?

The range of subject matters to be addressed is manifold. The Diploma in Penal Jurisprudence is an instrument to serve justice through the integral and comprehensive training of prospective legal professionals in ecclesiastical courts.”