Canon Law

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Book VI: Sanctions

Offenses and Punishments in General

Penal law is:

  • Reactive, It is not well planned nor systematic
  • Its focus is on the forum externum. The presumption is that penal law works in the forum externum. This is the principle.
  • Penal law must be the ultimate or the last measure to be taken. Before the measure of penal law is to be taking, all the possible manses must be exhausted. Therefore Penal law must be taken as last remedy.

Penal law in the 1917 code

  • Penalties were in book 5
  • General norms, Persons, Goods, Processes the Penal law. This code was very much inline with the Roman law system.

Penal law in the 1983code

  • Material law then to enforce this law penal law follows. This is the logic of putting it after material law.
  • Penal law also could be placed next to Book I (the rules of the game) in order to enforce these rules and it would have been the appropriate placing from the viewpoint of Vatican II.
  • In the code of 1983, we find penalties/penal laws almost all over book VI.

Examples are-

Administrative process = Canons 45, 50-52… extrajudicial (measures taken by Bishops)
= Canon 1720…………precepts
= Canons, 1720-1739…..hierarchical records
Penal procedures = Canon 1314 which is late sententiae
= Canons 1341-1353 …….. impostions (declarations of late sententiae)

Crimes; in cases of crimes the congregation for faith which is sometimes called the holy office is to deal with criminal cases. Refer Canon 1362(1).It is reserved to this office.

It is the congregation with many competencies of judicial power, executive power and protector of the true doctrine or faith. It is a very special office with many competencies.

See pastor bounas of Pope Paul VI about the cases of crimes. The office also deals with Ethics. The office is a micro-cosmos of the important matters of the church

The following canons show us what is reserved to this important office.

  • canon 1367,1378(1),1379,977,1387,1388 and 1395(2)
  • other crime canons are 1365 and 927

Examples of crime are; sexual matters, sacramental crimes and the combination of the two.

Where does the right to punish of the Church come from? It is the part of the divine law of the Church. It is of divine origin that you acquire through history or on the journey. Canons 1311of 1983 and canon2214 of 1917 are similar showing that penalties can be both spiritual and material.

In canon 1311 “who are the faithful’? the answer is in canon 11 of the 1983 code.

Punishment of Offenses

(Canons 1311 - 1312) English http://www.intratext.com/IXT/LAT0010/__P4T.HTM|Latin]]

Canon 1311 Claims the right of the church, here understood as ecclesiastical authorities, to impose sanctions on those (christifideles) who commit offenses.

Canon 1312 Penalties are healing, censures, expiatory or penitential (Canons 1331-1333, 1336), others may also be imposed.

Penal Law and Penal Precept

(Canons 1313 - 1320) English ]

Canon 1313 1. If a law is changed, the law more favorable to the accused is to be applied. 2. When a law abolishes a law or penalty, that penalty immediately ceases.

Canon 1314 Generally, a penalty binds only after it is imposed (ferendae sententiae); if expressly established, it is incurred immediately (latae sententiae).

Can. 1315 1. Legislators can issue penal laws within jurisdiction and can strengthen divine or higher ecclesiastical law. 2. Penalty is determined by the law or the judge. 3. Particular law can add penalties to universal law for a very grave necessity or make a determinate penalty in place of an indeterminate one.

Canon 1316 Laws should be uniform in the same city or region.

Canon 1317 Penalties should be established only if truly necessary; particular law can't dismiss from the clerical state.

Can. 1318 A legislator is not to threaten latae sententiae penalties except possibly for certain singularly malicious delicts which either can result in graver scandal or cannot be punished effectively by ferendae sententiae penalties; he is not, however, to establish censures, especially excommunication, except with the greatest moderation and only for graver delicts.

Can. 1319

  1. Insofar as a person can impose precepts in the external forum in virtue of the power of governance, the person can also threaten determinate penalties by precept, except perpetual expiatory penalties.
  2. A penal precept is not to be issued unless the matter has been considered thoroughly and those things established in cann. 1317 and 1318 about particular laws have been observed.

Can. 1320 The local ordinary can coerce religious with penalties in all those matters in which they are subject to him.

Those Liable

(Canons 1321 - 1330) English

Penalties and Other Punishments

(Canons 1331 - 1340)

Can. 1321

  1. No one is punished unless the external violation is gravely imputable by reason of malice or negligence.
  2. A penalty established by a law or precept binds the person who has deliberately violated the law or precept, omissions are not punished unless the law specifically provides for it.
  3. Presumption: External violations are imputable unless it is otherwise apparent.

Can. 1322 Those habitually lacking the use of reason are incapable of a delict, even if apparently sane when acting.

Can. 1323 The following aren't subject to penalty:

  1. one under 17 years;
  2. one ignorant of the law violated;
  3. one acting under force or one who didn't foresee the result;
  4. one coerced by grave fear unless the act is intrinsically evil or tends to harm souls;
  5. self-defense against an unjust aggressor;
  6. one without the use of reason without prejudice to cann. 1324, §1, n. 2 and 1325;
  7. one who non-negligently thought 4 or 5 was present.

Can. 1324

§1. The perpetrator of a violation is not exempt from a penalty, but pentalty must be tempered or replaced if:

  1. one had only the imperfect use of reason;
  2. voluntary intoxication;
  3. heat of passion;
  4. one under 17 years;
  5. grave fear, unless the delict is intrinsically evil or tends to the harm of souls;
  6. self-defense against an unjust aggressor;
  7. against someone who gravely and unjustly provokes the person;
  8. one with error about can. 1323, nn. 4 or 5 was present;
  9. non-negligent ignorance;
  10. one without full imputability.

§2. A judge can act in the same manner if another circumstance is present which diminishes the gravity of a delict.

§3. In the circumstances mentioned in §1, the accused is not bound by a latae sententiae penalty.

Can. 1325 Crass, supine, or affected ignorance can never exculpate as per cann. 1323 and 1324; voluntary intoxication to induce delict.

Can. 1326

§1. A judge can punish the following more gravely than the law or precept has established:

  1. one who continues to offend after penalty where obstinate ill will of the person can prudently be inferred;
  2. one who abused a position or office;
  3. one who did not take prudent precaution against delict.

§2. If the penalty in §1 is latae sententiae, another penalty or a penance can be added.

Can. 1327 Particular law can establish further exempting, mitigating, or aggravating circumstances.

Can. 1328

§1. An incomplete delict is not punished unless specifically provided.

§2. If acts are directly preparatory, but didn't have the effect, they can be punished. If scandal or some other grave damage or danger resulted, the perpetrator can be punished.

Can. 1329

§1. If ferendae sententiae penalties are established for the principal perpetrator, co-conspirators are punished with the same or lesser penalty.

§2. Accomplices who are not named in a law or precept incur a latae sententiae penalty attached to a delict if without their assistance the delict would not have been committed, and the penalty is of such a nature that it can affect them; otherwise, they can be punished by ferendae sententiae penalties.

Can. 1330 A delict which consists in a communication is not complete unless someone perceives.

Censures

Expiatory Penalties

Penal Remedies and Penances

Application of Penalties

(Canons 1341 - 1353) English

Cessation of Penalties

(Canons 1354 - 1363) English

Penalties for Particular Offenses

Offenses against Religion and the Unity of the Church

(Canons 1364 - 1369) English

Offenses against Church Authorities

(Canons 1370 - 1377) English

Usurpation of Ecclesiastical Offices

(Canons 1378 - 1389) English

Falsehood

(Canons 1390 - 1391) English

Offenses against Special Obligations

(Canons 1392 - 1396) English

Offenses against Human Life and Liberty

(Canons 1397 - 1398) English

General Norm

(Canon 1399) English

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