The Vatican does not have its own separate criminal code. Instead, in matters of criminal law, as per Article 3 of the "Law of the Source of Law" (one of the six fundamental laws adopted upon ratification of the Lateran Treaty in 1929) the Vatican State generally uses current Italian national law, as well as regional and municipal laws for Rome, as long as they do not conflict with ecclesiastical law or laws specifically promulgated by Pope for the Vatican.[39]
As a result, the age of consent is the same as that of Italy.
Before January 1, 2009, the adoption by the Vatican of changes made by Italy in its laws was automatic. Effective January 1, 2009, the Vatican adoption of changes in Italian law is no longer automatic but comes into effect only after a review.[40] However, as Italy adopted its present age of consent before January 1, 2009, this change in Vatican policy does not affect the age of consent in Vatican City, which remains the same as that of Italy.
The claim is sometimes found that "In the Vatican State, there is an equal age of consent set at 12 years of age",[41] but this is not correct. The misunderstanding derives from the fact that Vatican Law follows Italian law. In 1929, when the Lateran Treaty was signed, the age of consent in Italy was 12,[42] and so the same was true then in Vatican City. However, since that time the Italian law has been changed, and so the laws of Vatican City (in accordance with the policy that was in place until January 1, 2009) changed automatically with them.
Since there has been no change in the Italian age of consent since January 1, 2009, the two remain identical with no further review by the Vatican.
