Book 6 Sanctions in the Church (cann. 1311-1399) Flashcards Preview

Canon Law > Book 6 Sanctions in the Church (cann. 1311-1399) > Flashcards

Flashcards in Book 6 Sanctions in the Church (cann. 1311-1399) Deck (34):
1

Perpetual expiatory penalties

1. Deprivation of office
2. Dismissal from the clerical state
3. ?Penal transfer?
4. ?Prohibition of residence?

NB: These cannot be applied by penal precept

2

Penance

a work of penance is the performance of some work of religion or piety or charity. (can. 1340)
It can be given in place of a penalty or be used to aggravate penalties. (can. 1328§2)

3

Prescription for penal cases
(criminal time-penal time)

3 years generally unless:

1) 5 years for:
a) attempting marriage by a cleric or religious
b) sexual sins by a cleric (not with minor)
c) Offense against a person (murder, abduction, false imprisonment, or mutilation)
d) Actual procurement of abortion

2) 20 years if grave delict reserved to CDF
NB: 20 years form 18th birthday for sexual sins against a minor.

3) If particular law determines another time of prescription

4

Cessation of penalties

For expiatory penalties:
1. death
2. fulfillment of penalty (expiation)
3. change of law (abrogation of penalty)
4. prescription
5. remission [essentially a "favor" dispensing from the penalty]
For medicinal penalties:
1. Purge of contempt... ie restored justice and repaired scandal
2. remission

5

Attempted delict

A situation in which the delict was not achieved because the delinquent did not arrange means adequate to the purpose
OR
spontaneously desisted under his own will

6

Can 18

Laws which prescribe a penalty or restrict the free exercise of rights, or contain an exception to the law, are to be interpreted strictly

7

Aggravating circumstances

Circumstances of a delict which show a greater degree of IMPUTABILITY and so call for a greater penalty.
These circumstances are:
1. continues after the penalty is declared (obstinant ill-will)
2. Abuse of dignity or office
3. negligence to take precautions a normal person would take for something which could be foreseen.
(can. 1326)

8

Suspension

The censure which forbids a cleric from using some or all the powers of:
1. Holy orders
2. Governance
3. Munus of office
He can receive sacraments while suspended. (suspends him from the exercise, not the reception of sacraments) (can. 1333)

9

Can. 1313

§1 If a law is changed after an offense has been committed, the law more favorable to the offender is to be applied.
§2 If a later law removes a law, or at least a penalty, the penalty immediately lapses.

10

Attenuating circumstances

Reduces a penalty or replaces it with a penance
Due to diminished IMMUTABILITY
(can. 1324)

11

Exempting circumstances

Excludes penalties
Due to lack of IMPUTABILITY or impunability
(ie. under 16 or grave fear)
(can. 1323)

12

Penal Norm

1. A command or prohibition
2. by a superior with legislative power
3. to which some indeterminate or determinate penalty is attached in case of a violation. (can. 1315)

13

Expiatory Penalties

The deprivation of some temporal or spiritual good which tends to the expiation of delicts.
A deprivation which does not desist when the delinquent withdraws from contumacy.
They can be:
1. Perpetual
2. Determined time
3. Undetermined time.
and only cease when they have reached their limits.
**in the CIC 17, they were called vindictive
Include:
1. prohibition against residence or order to reside in specific place
2. Deprivation of power, office, function, right, privilege etc...
3. Prohibition against use of power, office, etc...
4. Penal Transfer
5. Dismissal from clerical state
(can. 1336)

14

Punability

The concrete application or non-application of a penalty.

15

Penalty

1. A deprivation of some good
2. inflicted by a competent authority
3. directed towards restoration of justice, repair of scandal, and/or reformation of the delinquent.

16

Culpa (negligence)

the violation of a law or precept through the omission of due diligence both in not foreseeing the effects of one's own conduct and in not knowing the law.

17

Imputability

The quality of an action in virtue of which the action can be referred back to the free and conscious will of the acting subject due to DOLUS or CULPA (can. 1321)

(the three levels are:
1. physical
2. moral
3. juridical)

18

Delict

1. A grave external violation of an ecclesiastical law.
2. Morally imputable by reason of malice or neglect.
3. For which the penal law of the Church foresees at least an indeterminate penalty.
(It has 3 elements:
1. objects, 2.subjective, 3. legal
1. broke the law, 2. in an imputable way, 3. which incurs the penalty of the law.)

19

Dolus (malice)

The deliberate violation of a law or penal precept.
Requires:
1. knowledge in the intellect.
2. freedom in the will.

20

Censure

1. A penalty, applied after an admonition (warning)
2. which deprives a baptized person
3. who is contumacious and delinquent of violating some spiritual good or something connected to spiritual goods (governance)
-lasts till he withdraws from contumacy
-3 types
1. excommunication
2. interdict
3. suspension
(can. 1331)

21

Contumacy

Perseverance in evil (stubborn refusal to obey or comply with authority)

22

Contumacia (3 types)

1. Formal: persisting in evil after a canonical admonition
2. prolonged: is that which continues after another admonition
3. Virtual: is knowing a penal law and breaking it regardless. A legal fiction used in latae sententiae penalties due to the fact that no censure can be assigned without an admonition.

23

Excommunication

The most gave censure.
A penalty that excludes one from the communion of the faithful and deprives him or her of all rights and benefits deriving from belonging to the Church. In particular that of both administrating and receiving the sacraments and removing one from the power of governance.
It ceases when one withdraws from contumacy (affects only baptized who are in contumacy and are delinquent) (can 1331)

24

Interdict

A censure which prohibits the faithful from the reception and celebration of the sacraments.
BUT it does not strip from them the power of governance NOR does it remove them from Communion with the faithful.

25

Penal remedies

The use of admonition and correction in order to prevent the faithful from committing a delict. They may also take the place of a criminal sentence in certain situations.
(can. 49: A singular precept is a decree by which an obligation is directly and lawfully imposed on a specific person or persons to do or to omit something, especially in order to urge the observance of a law.)

26

Frustrated delict

A situation in which the delinquent used adequate means to commit a delict, but their effects were blocked by something independent of his will.

27

Recidivism

Committing another delict after a revious one, whether this delict was the same (specific recidivity) or another (general recidivity)

28

types of malice (dolus)

1. determinate or indeterminate
2. direct or indirect
Direct malice: when the person positively will the effect forbidden by law.

29

Latae Sententiae Penalties Reserved to the Holy See by the Code

1) Desecration of the Sacred Species
2) Physical force against the Roman Pontiff
3) Absolution of an accomplice in a sin against the 6th commandment, except for danger of death.
4) Consecration of bishop without pontifical mandate [applies to both the one who ordained and the one consecrated]
5) Confessor who directly violates the Seal of the Confessional

30

Grave Delicts Reserved to the CDF

[these are only highlights, not an exhaustive list]
Grave delicts against eucharist:
1) taking or retaining for a sacrilegious purpose or throwing away the sacred species
2) attempting or simulating mass
3) consecration for a sacrilegious purpose of one matter without the other or of even both, either inside or outside the Eucharistic celebration
Grave delicts against penance:
1) absolution of an accomplice in a sin against the 6th commandment
2) solicitation to sin against the 6th commandment in the act, on the occasion, or under the pretext if sacramental confession
3) direct and indirect violation of the seal
4) recording and/or diffusion of confession through social media
Attempted ordination of women
Grave delicts against morals:
1) Delict against 6th commandment with minor below 18 years
2) acquisition, posession, or distribution by a cleric of pornographic images of minors under the age of 14

31

Particular Law in regards to penal law

1) establish a particular penal law in its entirety, add a penalty to a divine law, or add a penalty to an ecclesiastical Law which did not have a determined penalty
2) add a more appropriate penalty to that which is established in particular or universal law; in the case of universal law, this is only to be done for gravest necessity (can 1315)
3) change a penalty which is indeterminate or optional into one which is determinate or obligatory (can 1315)
4) make provision for other excusing, attenuating, or aggravating circumstances
NB: only applies to the particular territory and it CANNOT establish the penalty of dismissal from clerical state for any offense

32

Latae Sententiae penalties established by universal law

Apostasy, heresy, and schism: excom
Desecration of the blessed sacrament: excom
Use of physical force against roman pontiff
Use of physical force against a bishop: int and susp for cleric
Attempted absolution of a partner in sin against sixth commandment when not in danger of death: excom
Attempted celebration of mass: interdict or if deacon suspension
Attempted giving of absolution or hearing of sacramental confession: interdict or if cleric suspension
Ordination of bishop or reception of ordination as bishop without pontifical mandate: excom
Ordination of priest or deacon without Dismissorial letter: suspension from ordaining for a year
Reception of ordination without Dismissorial leter: suspension
Direct violation of sacramental seal: excom
false denunciation of confessor for solicitation: interdict, and if cleric, suspension
Attempted marriage by cleric: suspension
Attempted marriage by religious in perpetual vows: interdict
Procured abortion: excom
Attempted conferral of ordination on a woman and attempted reception of said ordination: excom per SST.

33

6 offenses for which dismissal from clerical state is a penalty

Apostasy, heresy, or schism
Desecration of blessed sacrament
Physical force against pope
Attempted marriage, when the offender doesn't reform and continues to give scandal
Concubinage or other offenses against 6th in which there is persistence after a warning
Other offenses against the 6th if committed by force, by threats, in public, or with a minor

34

What is the only penalty which allows dismissal from the clerical state still left to bishops?

Public concubinage