Pierpaolo dal Corso considers legislative intervention to thoroughly reform extrajudicial procedure to be essential.

"Legislative intervention to thoroughly reform extrajudicial procedure is essential," said Professor Pierpaolo dal Corso of the Canon Law Pío X School Canon Law X Venice during his lecture the patron saint day patron saint the School Canon Law at the University of Navarra. During his lecture, he emphasized the need to guarantee respect for due process and the fundamental right of the faithful to a fair trial, as established in c. 221 §2.

Entitled "Fair trial and extrajudicial procedure in the Church," Dal Corso explained in his lecture , although the recent reform of Criminal Law has introduced substantive advances, "the discipline in force does not adequately and bindingly ensure the celebration of a fair trial," leaving regulatory gaps that affect the protection of the rights of the faithful and the uniform application of Criminal Law.

The professor recalled that c. 221 §2 recognizes the right of the faithful to a fair trial, which requires guarantees such as criminal legality, technical defense, impartiality of the judge, and the possibility of challenging decisions. He also pointed out that these guarantees are fulfilled in judicial proceedings, but not in procedure , despite being the most commonly used route.

Dal Corso also pointed out that procedure have gained prominence in the internship their administrative nature and the speed with which confidential cases are processed, although this entails risks of discretion and inequality in the application of the law. As he explained, their frequent use should not replace judicial proceedings when it comes to guaranteeing the fundamental rights of the faithful.

 
From left to right, professors Álvaro González Alonso, Pierpaolo dal Corso, Joaquín Sedano, and Jorge Otaduy.

A commitment to training for operators

The professor also emphasized the importance of having staff trained and qualified staff to apply these procedures, warning that a lack of preparation can lead to biased or ill-informed decisions. In his opinion, training of operators is core topic ensure that management assistant discretion management assistant compromise the principle of due process.

He has described this procedure "hybrid," entrusting authorities with executive powers with functions that belong to a judge, and warned of the risk of acting "according to administrative logic, making assessments based on criteria of expediency and not applying the law strictly, with the consequent danger to the impartiality of the verdict."

Dal Corso concluded by emphasizing that legislative reform is necessary to close the gap between judicial and extrajudicial proceedings, ensuring that fundamental guarantees are not left to the discretion management assistant that the faithful can fully exercise their right to a fair trial.