| RESCRIPTUM EX AUDIENTIA SS.MI EXTRAORDINARY AND URGENT MEASURES
TO COUNTERACT THE COVID-19 EMERGENCY AND CONTAIN ITS NEGATIVE EFFECTS 1. As of the day after the entry into force of the present provision and until 3 April 2020, trial hearings in progress in all judicial offices shall be postponed ex officio until after 3 April 2020, with the exceptions indicated at paragraph 4. 2. As of the day after the entry into force of the present provision and until 3 April 2020, the deadline for the fulfillment of any act of proceedings indicated at paragraph 1 is suspended, with the exceptions indicated at paragraph 4. Where the proceedings begin during the period of suspension, its beginning shall be postponed to the end of said suspension period. 3. As of the day after the entry into force of the present provision and until 3 April 2020 all statutes of limitations shall also be suspended for all intents and purposes, with the exceptions indicated at paragraph 4. 4. The provisions not affected by the previous paragraphs are:
a. civil proceedings where it can be reasonably foreseen that postponement is impracticable and where the delay in dealing with the case could cause serious harm to the parties. At the request put forth by the interested party or where provided, by the Promoter of Justice, the President of the Judicial Office or his delegate shall decide within ten days by incontestable decree. In the case of acceptance, the deadlines detailed at paragraph 2 and 3 shall begin to elapse from the tenth day after the request was put forward, that is, from the notification or communication of the provision that is deposited beyond the abovementioned deadline.
b. criminal proceedings for which the trial of first instance is not yet in progress;
c. criminal proceedings against persons who are detained or who would otherwise be burdened by measures restricting their personal freedom;
d. At the request put forth by the Promoter of Justice or by the interested party, the President of the College or his delegate shall decide within ten days by incontestable decree. In the case of acceptance, the deadlines detailed at paragraph 2 and 3 shall begin to elapse from the tenth day after the request was put forward, that is, from the notification or communication of the provision that is deposited beyond the abovementioned deadline.
5. The President of the Tribunal, having heard in so far as their respective competence, the President of the Court of Appeal or the President of the Supreme Court, notwithstanding the ordinary powers of direction and organization of the judicial offices and of the clerical office can also adopt the following measures:
a. limit access to the judicial offices, whilst guaranteeing access to people who must carry out urgent activities;
b. limit opening hours of the judicial offices;
c. regulate access to judicial offices when appointments have been made, by reservation, even via telephone or telematic means of communication, ensuring that the convocation of users is scheduled for fixed hours;
d. provide closed door hearings of cases that must take place according to provisions indicated at paragraph 4;
e. shifts for administrative and clerical staff notwithstanding ordinary provisions.
The Holy Father, in an audience granted to His Excellency Archbishop Edgar Peña Parra, Substitute for General Affairs of the Secretariat of State, on 17 March 2020, in order to counter the epidemiological emergency from Covid-19 and contain its negative effects on the course of judicial activities, has decided to issue the extraordinary and urgent measures detailed in the annex to this Rescriptum. The Holy Father has determined that the Rescriptum shall have firm and stable effect, notwithstanding anything to the contrary even if worthy of special mention, that it shall be promulgated by publication in L’Osservatore Romano, with immediate effect, and subsequently published in the official commentary Acta Apostolicae Sedis. From the Vatican, 18 March 2020
Cardinal Pietro Parolin
Secretary of State |
