Canon lawyer on abbot: Vatican reprimand is not an acquittal

The Abbot of Saint-Maurice, who was reprimanded by the Vatican, cannot consider himself acquitted, according to an expert. Canon law professor Astrid Kaptijn explained this to the Bern-based "Pfarrblatt" on Wednesday. "A canonical reprimand is not an acquittal. The behaviour is qualified as morally inappropriate and even illegal," she clarified.

Following allegations of harassment, Jean Scarcella (73), abbot of the traditional Swiss abbey of Saint-Maurice (photo above), was suspended from office for 18 months. He returned to his post in March following a reprimand from Rome. In an interview with the French-speaking Swiss newspaper "Le Nouvelliste" on Tuesday, Scarcella emphasised his innocence. He compared the Roman reprimand to an acquittal. It was a peculiarity of canon law that was not understood outside the Church. The admonition is a preventative measure: "Although the error has not been proven, the Church says that if it had happened, it should not happen again." Kaptijn explained that there are three forms of reprimand in canon law: "On the one hand, there is the monitio: Warning. On the other hand, there is the correptio, a reprimand or censure, which should not be confused with the correctio."

Reprimands go into the secret archives

While a warning has a preventative function, a reprimand is the stricter form of warning: "A reprimand explicitly disapproves of a person's behaviour - regardless of whether it is a criminal offence. The behaviour that leads to a reprimand is not punishable under canon law, but it is illegal and could invite imitation," said Kaptijn. According to the Saint-Maurice Abbey press release, Scarcella has received such a reprimand. The reprimand is so relevant under canon law that it must be kept in the secret archives. "Should there be a repetition of the misconduct, the reprimand is a weighty factor that could lead to stricter measures," added the canon lawyer.

Scarcella was accused of assaulting a young person. Following investigations, the public prosecutor's office in the canton of Valais discontinued all reported cases of allegations of sexual abuse against members of the abbey. In most cases, the reasons for this were the statute of limitations or the impossibility of proving the facts. This was also the case with Scarcella.

Scarcella's behaviour should nevertheless be condemned, decided the Vatican Dicastery for Bishops under the leadership of Cardinal Robert Francis Prevost. This was because it demonstrated an attitude "that does not correspond to the caution expected of clerics in interpersonal relationships". In October, the Vatican reprimanded Scarcella for inappropriate behaviour towards a young man. At the same time, however, the competent bishop's dicastery declared that there was "no evidence of abuse or harassment in the strict sense". - Founded in the 6th century, Saint-Maurice Abbey is considered to be the oldest monastery in the West that has existed without interruption. It reports directly to the Pope. (KNA)