Penal Law of the Church PL 9. Formal punishment and informal punishment. The Kirchenaustritt

1. The background In consequence of the Secularization of ecclesiastical property the German States owed payments to the Churches. In the 19th century they commuted this obligation and introduced the Church Tax (“Kirchensteuer”). By this the faithful now themselves pay a contribution towards the work of the Church. To enforce the fundamental right to freedom of religion, and to safeguard against anyone being registered as church member against his will, the possibility was provided to declare one’s (“Kichenaustritt”) under civil law. German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).

2. The problem A declaration of one ’ s “ Kirchenaustritt ” before the competent civil authority is, as a public act, a wilful and conscious distancing of oneself from the church, and is a serious offence against the ecclesiastical community. A person who declares his “ Kirchenaustritt ” before the competent civil authority whatever the reason may be, violates his obligation to maintain communion with the Church (c. 209 §1 CIC), and the obligation to make his financial contribution so that the Church has what it needs to carry out its work (c. 222 §1 CIC in conjunction with c CIC). German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).

3. The pastoral concern A declaration of “ Kirchenaustritt ” fills the Church with concern, and moves it to follow the person who has declared that he is leaving with pastoral love and care. German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).

3.1 Legal consequences 1.The person who has left the Church -may not receive the sacraments of Penance, the Eucharist, Confirmation, and the anointing of the sick – except when in danger of death, -cannot hold any ecclesiastical office, and cannot exercise any function in the Church, -cannot be a sponsor at a confirmation or at a baptism, -cannot be a member of a parochial or a diocesan council, -looses his active and passive voting rights in the Church, -cannot be a member of a public ecclesiastical association.. German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).

3.2 Legal consequences (marriages and funerals) 2. In order for persons who have left the Church to conclude a marriage in the church, permission to assist at the marriage must be applied for from the local ordinary. This requires a promise to maintain the faith and to raise any children on Catholic principles. 3. If the person who has left the Church has shown no sign of repentance before his death an ecclesiastical funeral can be refused. German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).

3.3 Legal consequences (employment and eccl office) 4. If the person is employed by the Church, such consequences as provided for in Church employment law come into force. 5. If the person performs duties based on ecclesiastical authorization this authorization must be revoked. German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).

4. Discussion and reconciliation 6. The ecclesiastical authority will invite those who have declared their “ Kirchenaustritt ” to a discussion with the aim of fully reintegrating them into the ecclesiastical communion. It will aim to reconcile them with the Church, and to return them to the full exercise of any rights and obligations. If the reaction of the faithful who has declared his “ Kirchenaustritt ” leads to the conclusion that a schismatic, heretical act or an act of apostasy has taken place, the ordinary is charged to take appropriate measures. The pastoral letter sent to the person who has left the Church immediately after note has been taken of his “ Kirchenaustritt ” (cf. appendix), and the talk do not have the effect of deferring this. German Conference of Bishops, General Decree on Leaving the Church (“Kirchenaustritt”), 17 September 2012 (Translation by C. Peters).