Benedict is reforming the penal code of the Church to reflect...errr...current historical realities:
Other areas of canonical discipline at the time could be assessed in the light of practical ecclesial reality by evaluating positively or negatively the results of various norms ad 'experimentum' when it came to drawing up the definitive norms of the Code. The new penal law system, however, being "completely new" in relation to what had gone before, or almost so, lacked this "opportunity" for experimental evaluation, and so it was established practically 'ex nihilo' in 1983.
Something of a recurring theme when talking about things that came directly from the recommendations of the Second Vatican
Hermeneutic of rupture anyone?