Religious confession privilege in Italy

Abstract

In Italy, the secrecy of confession practised in some religious denominations and especially in the [Roman] Catholic Church, is widely recognised. Indeed, it is so widely recognised that it is not perceived as a particular concession to religion, even less as a privilege, but rather as a to religious freedom guaranteed by art 19 of the Constitution of the Italian (‘Italian Constitution’ or ‘Constitution’) which is a subjective and public right since it can be enforced against the state. In other words, this protection of religious belief and action in the Italian Constitution denies that the state may limit religious confession and the secrecy of that confession by law or administrative act because confession is understood to be a part of worship. Confessional secrecy is also protected by further specific guarantees. For example, confession within the Catholic Church is also protected by art 4.4 of the Villa Madama Agreement (‘Accordo di Villa Madama’) of 18 February 1984 (implemented by Law No 121 of 25 March 1985) which provides that the clergy are not required to give magistrates or other civil authorities information about people or matters of which they become aware by reason of their ministry. Similar guarantees are provided to ministers of Jewish Communities and the Lutheran Church. These additional guarantees of clerical secrecy even when information might be requested by the judicial authorities, is reiterated and extended to all the Italian legal system under art 200 of the Code of Criminal Procedure and art 249 of the Code of Civil Procedure. Thus, members of the clergy know that may can refuse to testify about anything they have learned because of their ministry in any criminal or civil court. But they also know that learned as ordinary citizens or as mere friends of the people concerned and that it will be a judge’s duty to make such an assessment if the source of their knowledge is ever questioned. Indeed, the obligation the Criminal Code which make the disclosure of anything learned during confession a crime