Decreto ministeriale 14 luglio 2000, n.13

Decree of the Minister of Justice 13/2000 on the Chaplaincy in Penitentiaries, 14 luglio 2000

Section 1

For the individual and collective religious practice of those imprisoned in penitentiary institutions as well as for securing spiritual pastoral service for them, all registered religious communities, denominations, churches (hereinafter together referred to as church) may carry out religious activities, in accordance with the demands of the imprisoned.

Section 2

1. In order to facilitate the provisions of section 1, the penitentiary institutions shall establish a Prison Chaplaincy Service (hereinafter referred to as Chaplaincy).
2. The Chaplaincy shall consist of members of the Catholic, Reformed, Evangelic and Jewish churches.
3. The chaplains shall carry out their duties in an ecumenical by respecting denominational independence.

Section 3

The directors of penitentiary institutions as well as members of the Chaplaincy shall, in their capacity, facilitate the enforcement of the right of registered churches and religions not listed in Section 2, subsectiton (2) the practice of religion and pastoral care in accordance with the requirements of the imprisoned.

Section 4

1. The making use of or rejection of the Chaplaincy is the exclusive right of the imprisoned.
2. There shall be no positive or negative discrimination employed against the imprisoned on the grounds of making use of or rejection of the Chaplaincy.

Section 5

The main obligation of the Chaplaincy is the execution of religious practices of all kinds, with special emphasis on
a) services, Biblical education, religious education,
b) individual and communal pastoral care, regular consulting hours,
c) education of religious morals,
d) the coordination of services as well as prison missions by representatives of other religions in the penitentiary institutions,
e) the execution of other church services upon the request of the imprisoned (e.g. baptism, marriage ceremony).

Section 6

1. Members of the Chaplaincy shall carry out their service in compliance with the church rules and regulations. The activities related to the Chaplaincy shall remain exclusively under church control. The directors of penitentiary institutions shall make no decisions regarding religious life and shall not introduce measures regarding the operation of the Chaplaincy except for securing the legal operation of the penitentiary institution.
2. The Chaplaincy constitutes part of the punishment implementation system and in the execution of the related tasks, a cooperation with other services shall be required.

Section 7

1. The chaplain employed by the Chaplaincy full time or part-time (hereinafter together referred to as prison chaplain) is a civil servant.
2. A prison chaplain shall possess the permission of his/her church superior and shall fulfil the requirements defined in the legal regulations concerning civil servants.

Section 8

1. The prison chaplain shall observe the regulations concerning the operation of the penitentiary institution. In case of violation thereof, he/she shall be held accountable, according to the effective legislation on civil servants.
2. The prison chaplain and the director of the penitentiary institution shall cooperate in order to ensure the undisturbed execution of the responsibilities of the Chaplaincy.

Section 9

This decree shall come into force on the 8th day following its promulgation.