That is why Cardinal Becciu should go to trial. The prof. Boni
Conversation of Andrea Mainardi with Geraldina Boni, full professor of canon law, ecclesiastical law and history of canon law at the University of Bologna and, among other things, consultant of the Pontifical Council for Legislative Texts of the Holy See, on the Becciu case
As soon as this morning, the Pope, receiving the experts of the Council of Europe (Moneyval) – who in these days are examining the measures against money laundering and terrorist financing implemented beyond the Leonine Walls – recalled how much the theme is "particularly by heart".
According to Bergoglio from the private library of the Apostolic Palace: “Jesus chased the merchants out of the temple and taught that 'God and wealth cannot be served'. In fact, when the economy loses its human face, money is not used, but money is used. This is a form of idolatry against which we are called to react, proposing the rational order of things that leads back to the common good, according to which 'money must serve and not govern!' ".
He remembers this, quoting himself from Evangelii Gaudium.
Pressed in the past by journalists about real or alleged scandals sewn in threaded garments, Pope Francis has often recalled with conviction a key phrase of Roman law: in dubio pro reo.
With different procedural outcomes depending on the case. After investigations, indictments, dismissals or sentencing.
In fact, that "dubio pro reo" was a prudential opening. Which does not mean guarantees or ideological justicialism. For Francis it has always appeared as an attitude of prudence exercised in Ignatian discernment.
Even in legal matters and possible stumbles.
What happened to Cardinal Angelo Becciu in what is said – hermeneutics then implicitly approved by the cardinal in subsequent interviews – stormy audience, on that day in early autumn (it was September 24) when the prefect of the Congregation for the Causes of Saints and among the his main collaborators in the Secretariat of State until June 2018 goes up to talk with the Pope for a signature to some decrees concerning the pontifical seal of a miracle, a martyrdom and two certificates of "heroic virtues", then precipitated in a decided, required step back, in the renunciation of the rights of the cardinalate for alleged economic malpractice, it is a matter that leaves the person of Monsignor Becciu in limbo, feeds allegations and constructions.
Above all, it asks questions. Legitimately placed by the faithful.
“The People of God have the right not so much to transparency – very fashionable today – but to know the truth after it has been ascertained. It seems to me that this may be a juridical reconstruction corresponding to that reasonableness which in the Church translates the indispensable conformity to justice. The satisfaction that someone has expressed for this condemnation without trial seems to me, as well as without justification, not genuinely Christian ”.
Thus Geraldina Bon I, full professor of canon law, ecclesiastical law and history of canon law at the University of Bologna and, among other things, consultant of the Pontifical Council for Legislative Texts of the Holy See.
Professor Boni, what is the value of Monsignor Becciu's renunciation of the rights of the cardinalate presented in the hands of the Holy Father?
With regard to the renunciation of (rather than 'give', as stated in the bulletin of the press office of the Holy See of 24 September 2020) 'rights connected to the cardinalate', first of all two clarifications. Contrary to what has been written in these days, the Code of Canon Law mentions iura (rights of cardinals: can. 351 § 2) and disciplines them: on the other hand, for example, the Apostolic Constitution Universi Dominici Gregis regulates the ius eligendi Romanum Pontificem (n. 33) and other rights, as well as privileges and faculties, are mentioned in the List of privileges and faculties in liturgical and canonical matters of cardinals (March 18, 1999).
There is also a troubled precedent, recent, for quite other issues …
In the press release of March 20, 2015, it was informed that the Holy Father had accepted "the renunciation of the rights and prerogatives of the cardinalate, expressed in canons 349, 353 and 356 of the Code of Canon Law, presented […] by His Eminence Mr. Cardinal Keith Michael Patrick O'Brien ”(who, even on the website of the Holy See, is still counted among non-electoral cardinals). But every good canonist knows that in the canonical order the contrast between right and duty is specious and deviant: every right, having to be experienced in the communal and service dimension, has an ineliminable depth of duty.
What happened with that passage in the late afternoon of September 24 towards Cardinal Becciu?
Beyond the diction, the Pope, accepting the resignation of Angelo Becciu – which in fact was not voluntary but coerced (as often happens in the canonical order to avoid a removal, if only more traumatic and 'scandalous') -, he intended, in my opinion, to immediately prohibit the exercise of any cardinal office.
Unusual measure …
It is evident how this atypical provision of acceptance of the requested resignation, which obviously the Pope as holder of the supreme power can issue, completely empties the cardinal's dignity, stripped of any concrete and effective content. Yet, not having deprived Becciu of the cardinal's hat (and, I would say, of the diakonia) leaves open the possibility that the situation could evolve and be resolved even in a positive way.
Can Becciu aspire to what he has repeatedly asked and invokes as a clarification?
If the innocence of Becciu is ascertained through the judiciary – and not, it is hoped, a much less guaranteed administrative route -, he can be fully reinstated in his role and prerogatives. In fact, it is true that the Pope can issue sentences without any procedural constraint (whether they are cardinals or not, with 'rights' or without): but he can also subject the cardinal to either a canonical or a Vatican trial (depending on the crime of which he is accused), always operating the courts vicariously, that is, in the name of the Roman Pontiff. Among other things, can. 1405 § 1 n. 2 places the reservation to the Pope of the exclusive right to judge cardinals: it does not at all affirm that the trial will not take place.
So Becciu is widely prosecutable by the state court?
I would also dare to say that the Pope, at least in this case, must start a process: and for many reasons. His judgment could in fact appear inadequately motivated and therefore arbitrary, if not tyrannical: even taking into account that his 'verdict' is in no way open to challenge (and, for this reason, cases should be very rare and exceptional).
A wish to pass through the streets of the courts …
In coherence, moreover, with the tradition of the canonical order which certainly contributed not a little to the building of those guarantees which today substantiate the universally recognized right to a fair trial. For the respect, again, of many principles attributable to the natural divine law, obviously in force in Ecclesia and from which even the Pope is not released: first of all the right of defense but also the fundamental right of the faithful to judgment and to be judged according to the provisions of the law, to be applied fairly (can. 221 §§ 1-2).
Without entering into the alleged economic and financial crimes – not officially contested as far as the archbishop is aware – but at least to sift through the different reconstructions. For the good of the Church …
The People of God have the right not so much to transparency – very fashionable today – but to know the truth after it has been ascertained. It seems to me that this may be a juridical reconstruction corresponding to that reasonableness which in the Church translates the indispensable conformity to justice. The satisfaction that someone has expressed for this condemnation without trial seems to me, as well as without justification, not genuinely Christian.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/ecco-perche-il-cardinale-becciu-dovrebbe-andare-a-processo-parla-la-prof-boni/ on Thu, 08 Oct 2020 17:04:32 +0000.