Penalties Big 17 Definitions Flashcards Preview

Canon Law - Hastings > Penalties Big 17 Definitions > Flashcards

Flashcards in Penalties Big 17 Definitions Deck (17)
1

Censure

A penalty which deprives the baptized and contumacious delinquent of some spiritual good or something connected to spiritual goods until he withdraws from contumacy. There are 3: excommunication, interdict, and suspension.

2

Aggravating Circumstances

circumstances of a delict which show a greater degree of imputability and so call for a greater penalty. They are: recidivism, abuse of dignity or office, neglect with foresight and unreasonable omission.

3

Attenuating Circumstances

circumstances of a delict which do not completely exempt the delinquent from a penalty, but which require that the penalty be reduced or a penance given in its place.

4

Exempting Circumstances

circumstances of an act that remove its imputability or which, by the decision of the legislator, make it non-punishable. When there really is no delict by lack of imputability, rather than a simple choice not to punish, these are improper.

5

Culpa

the omission of due diligence. (Either in foreseeing and avoiding the harmful effect of one’s actions, or violating a law of which one is blame worthily ignorant that the law exists or of its content, so that one believes erroneously and illegitimately that one is acting lawfully.)

6

Delict

A grave external violation of an ecclesial law, morally imputable by reason of malice or neglect, for which the penal law of the church foresees at least an indeterminate penalty.

7

Dolus

The deliberate violation of a law or penal precept. (Needs knowledge in intellect and freedom in will)

8

Excommunication

the most grave penalty that excludes the delinquent from the communion of the faithful and deprives him of all rights and benefits deriving from belonging to the Church, in particular that of administering and receiving the sacraments. It is exclusion from the communion of the Church and of the faithful

9

Interdict

a censure which prohibits the faithful from the use of sacred things, even though they do not lose their communion with the Church

10

Suspension

the censure which forbids a cleric to use some or all of the powers of holy orders, the power of governance, or the powers derived from a munus or office. Makes his acts illicit, not invalid

11

Imputability

The quality of an action in virtue of which the action can be referred to the free and conscious will of the acting subject. Three levels: physical, moral, juridical, which correspond to “Did he do it? Did he want to do it? Did he know he was a delict (or unlawful, depending on your theory)?”

12

Penal Norm

a command or prohibition by a superior with legislative power to which some indeterminate or determinate penalty is attached in case of violation.

13

Penalty

the deprivation of some good, inflicted by the competent authority, directed toward the correction of the delinquent and the punishment of the delict.

14

Punishability

The concrete application or non-application of a penalty. Three elements: Objective—external violation has been committed. Subjective—did it by malice or negligence (recall 1341). Legal elements present in act—penal sanction attached.

15

Penal remedy

Admonition and correction. They are esp. used to prevent delicts.

16

Expiatory penalty

The deprivation of some temporal or spiritual good which tends to the expiation of delicts and which do not cease with the delinquent withdrawing from contumacy. They can be perpetual, for a determined time, or for an undetermined time. (In CIC17, called vindictive.)

17

Contumacy

perseverance in evil.