Penal Law of the Church PL 6. The Code (1983) and Pastor Bonus (1988): procedural law.

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Presentation transcript:

Penal Law of the Church PL 6. The Code (1983) and Pastor Bonus (1988): procedural law

1.1 A complex framework of procedures in the administration of sanctions CODE 1983 BOOK VI (SANCTIONS) PART I. DELICTS AND PENALTIES IN GENERAL TITLE V. THE APPLICATION OF PENALTIES (Cann ) TITLE VI. THE CESSATION OF PENALTIES (Cann ) CODE 1983 BOOK VII (PROCESSES) PART I. TRIALS IN GENERAL (Cann ) PART IV. THE PENAL PROCESS (Cann ) PASTOR BONUS 1988 OTHER UNIVERSAL OR PARTICULAR LAWS

1.2 Procedural rights §1. The Christian faithful can legitimately vindicate and defend the rights which they possess in the Church in the competent ecclesiastical forum according to the norm of law. §2. If they are summoned to a trial by a competent authority, the Christian faithful also have the right to be judged according to the prescripts of the law applied with equity. §3. The Christian faithful have the right not to be punished with canonical penalties except according to the norm of law.§3. The Christian faithful have the right not to be punished with canonical penalties except according to the norm of law. Code Can. 221

1.3 Fraternal correction An ordinary is to take care to initiate a judicial or administrative process to impose or declare penalties only after he has ascertained that fraternal correction or rebuke or other means of pastoral solicitude cannot sufficiently repair the scandal, restore justice, reform the offender. Code Can. 1341

1.4 Judicial or Extrajudicial §1. Whenever just causes preclude a judicial process, a penalty can be imposed or declared by extrajudicial decree; penal remedies and penances, however, can be applied by decree in any case whatsoever. Code Can. 1342

1.5 General or Special Procedure? §1. Whenever an ordinary has knowledge, which at least seems true, of a delict, he is carefully to inquire personally or through another suitable person about the facts, circumstances, and imputability, unless such an inquiry seems entirely superfluous. §2. Care must be taken so that the good name of anyone is not endangered from this investigation. §3. The person who conducts the investigation has the same powers and obligations as an auditor in the process; the same person cannot act as a judge in the matter if a judicial process is initiated later. Code Can. 1717