Penalties - Vocabulary (Notes: Nord, JCD. Prepared: Hastings) Flashcards Preview

Canon Law - Hastings > Penalties - Vocabulary (Notes: Nord, JCD. Prepared: Hastings) > Flashcards

Flashcards in Penalties - Vocabulary (Notes: Nord, JCD. Prepared: Hastings) Deck (87)
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

Circumstances, Aggravating

circumstances of a delict which show a greater degree of imputablity and so call for a greater penalty. They are: recividity, abuse of dignity or office, neglect with forsight and unreasonable ommission.

3

Circumstances, Attenuating

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

Circumstances, Exempting

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

5

Contumacy

perseverance in evil.

6

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.)

7

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.

8

Dolus

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

9

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.

10

Penalty, Expiatory

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.)

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

Interdict

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

13

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.

14

Penalty

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

15

Punibility

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.

16

Remedies, Penal

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

17

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

18

Accomplice

the person who assists in the preparation for the delict by common accord but doesn't perform the delict.

19

Admonition

A warning on the part of the ordinary to someone in a near occasion of committing a delicts or who is suspected of having committed a delict after a brief investigation, so that he can take care not to fall into the delict itself.

20

Admonition, Canonical or Final

an external juridical act of admonition placed by the ordinary to check for contumacy before proceeding to impose a ferendae sententiae censure.

21

Action, Criminal

the subjective right to punish a delict (or the actual exercise of this right by authority). It ends with the condemnation or absolution of the accused.

22

Action, Penal

the subjective right to concretely apply a declared or imposed penalty (or the actual exercise of this right by authority). It comes from the sentence of condemnation.

23

Actor, Principal

the mandator, if different than the material executor (=the person who actually does it.)

24

Apostasy

the total repudiation of Christian faith.

25

Articulum mortis

the immanence of death is morally certain.

26

Alienate

Transfer ownership from one to another by any means. Note the delict for alienation applies to alienation without the license of the superior.

27

Blasphemy

speech which gravely wounds good morals by expressing injuries against religion of the church.

28

Chance, By

When an action or omission by the person generates an criminal or unlawful effect that the same person could not have foreseen even confusedly or probably, or which even if foreseen, could not have stopped by some remedy.

29

Co-actors

the people who by common accord placed the physical action of the delict together, both physical and formal cooperation

30

Coerce

the force generated by law, not a physical force, but a moral force or a force of bonds that call for restitution; cf. page 12 of dispense on its two fonts.

31

Communio in sacris (Is this not communicatio in sacris?)

As a delict, the participation in the liturgical cult or the administration of a sacrament of a person of a different religious denomination not in full communion with the church, or of a Catholic in the liturgy of another confession.

32

Concubinage

stably living together as husband and wife, even if not under the same roof, even if not public.

33

Condition

the event, fact, or deed, the occurrence on which the ordinary makes his remission depend. (Future conditions can be suspensive or resultive).

34

Conspiracy

When two or more come to an agreement to execute a delict and determine to do it; simple intention to break the penal norm is not enough.

35

Contumacy, Formal

persisting in evil after a canonical admonition to cease.

36

Contumacy, Prolonged

Contumacy that continues after another admonition.

37

Contumacy, Virtual

knowing a penal law and breaking it anyhow, a legal fiction used for latae sentenciae penalties.

38

Cooperation, Accessory

helpful but not necessary to commit the delict.

39

Cooperation, Principle

necessary to commit the delict.

40

Culpa lata

grave negligence; this is the standard required by law to apply a penalty. It can be because you didn’t know something your profession requires you to know, or from temerity. Temerity is recklessness in acting and the highest level of culpa; normally what we look for when a penalty foresees it can be applied for negligence.

41

Defense, Legitimate

an immediate violent reaction with which a person defends himself or his closes companions (=affini?) against an unjust and violent aggression that endangers their life, physical integrity, or other moral or material good (e.g., modesty, virginity, etc.), being unable to avail themselves of the protection of competent authority. The aggression should be actual and unexpected and unjust, and the defense should be proportionate to the aggression. The estimation of the person suffices.

42

Delict, attempted

the delict was interrupted because the means arranged were not adequate to the purpose, though the delinquent believed them to be adequate, at least in part.

43

Delict, consummated

The damage of the delict is already completed; it has wounded the public order and put in danger the discipline of the church.

44

Delict, frustrated

the delinquent used adequate means, at least in part, but their effects were bloced by something independent of his will.

45

Delict, imperfect

the delict, despite all the preparations and against the will of the delinquent, has not occurred. Imperfect delicts are either frustrated or attempted.

46

Denunciation

the accusation of a person of an illegitimate act to competent authority. No special formalities are required, but you do need to positively ID the person denounced.

47

Dignity

an external quality belonging to a person from a public office or honorific given by authority that makes them an object of greater respect.

48

Doubt

Questioning the foundation or truths of dogma; positive doubt, that is, refusing not the truths, but the reasons that found it, because they don’t convince the delinquent or the judgment of the Church is not sufficient for him. But one is not a heretic when one simply suspends judgment without doubting positively (cf. DV 29).

49

Duress

see Plagio

50

External

Perceptible by the sense; could be occult, could be a positive action (doing what the law forbids) or negative action (not doing what the law commands).

51

Extinction

the cessation of a penalty ab intrinsico, by a cause contained in the penalty itself, without the intervention of authority. Happens by expiation of a penalty, the death of the delinquent, the change of the law, or by prescription.

52

Fear

violence exerted on the soul (not the body) of the person with the prospect or menace of an immediate or future danger that will befall the person or their close companions (=family?) if they do not do or omit a certain action. AKA, moral coercion.

53

Ferendae sententiae

a penalty that must be applied by means a judicial or administrative process.

54

Guilty

the quality of the person that makes them responsible, called to respond, and punishable for some act.

55

Heresy

the obstinate negation, after having received baptism, of some truth that should be believed by divine and catholic faith, or the stubborn doubt of such truth.

56

Ignorance, Affected

People who know they are ignorant and seek to remain ignorant so they can sin freely.

57

Ignorance, Crass or Supine

when one does nothing to free oneself from ignorance about things one should ordinarily know.

58

Incapacity for Delicts

Those habitually lacking use of reason are incapable of committing delicts even in lucid moments.

59

Inconvenience, Grave

a situation where the observance of law is united to a proportionately grave damage that is extrinsic to the law. Grave danger of such damage also suffices. AKA Relative Necessity.

60

Latae sententiae

also suffices. AKA Relative Necessity.
Latae sententiae: a penalty that is incurred by the fact itself of committing the delict, even without a further declaration.

61

Malice

see Dolus.

62

Majority, Penal

16 year competed (more after 18 years completed).

63

Necessity

an objective situation not depending on the will of the person that makes it impossible, morally impossible, or very difficult to observe the law if one wants to avoid an imminent grave evil.

64

Neglect

see Culpa

65

Notitia criminis

Information that comes to the ordinary about the commission of a delict that falls under his jurisdiction.

66

Oath

the invocation of the name of God in witness to the truth of a promise (Promissory Oath) or assertion (Assertive Oath).

67

Penance

The performance of some work of religion, piety or charity. Penance has some afflictive or burdensome characteristic, not “Eat ice cream on Fridays.”

68

Periculum mortis

the chance of dying in this situation is as great as the chance of living (??? This seems too high ???).

69

Plagio

the submission of the passive subject to the agent however obtained.

70

Provoked

someone has made unjust and injurious acts or omissions that excited the persons emotional state and then, moved by this passion, the committed illegal acts. The provocation must be grave and unjust, and the reaction must be caused by passion and immediate. The provocation can also be against family and friends (=lower standard than fear or legit defense?).

71

Penal Law

the part of law which treats of delicts, determination of penal types, the mode of judging facts, the application of penalties to individual delicts. The finality of penal law is protection of certain values and upholding the legal order through coercion both threatened in the future and application to the past. The division of penal law are fundamental, material, and processual. The substantial penal law is fundamental or material, the formal material law is processual.

72

Penalty, Medicinal

see Censure.

73

Presumption

the probable deduction of something uncertain from a certain fact.

74

Qui nomen dat

To join, enroll, inscribe, affiliate, associate, etc.

75

Rebuke

A reproof of someone causing scandal or grave disturbance of the public order which aims at stopping the behavior and is done with the authority of the ordinary.

76

Recivity, General

committing another delict after the first.

77

Recivity, Specific

committing another of the same type delict after the first (both solicitation, both abortion, etc.).

78

Remission

the cessation of a penalty ab extrinsico, by a cause external to the penalty, by the intervention of authority.

79

Reserve

the institution of the legislator of the penal law or precept who calls the remission of the penalty to himself or to others, so that the validity of the remission depends on these people remitting it.

80

Responsibility

the quality of a subject by which they should repond to an act and its consequence in front of God, and in some circumstances, in front of men.

81

Roman Pontiff

Recall that this is just the pope himself, not all the Curia. That’s clear in 1370p1 but easy to forget in 1372.

82

Sacrilege

treating the sacred (something or someone with special holiness) as profane, done with bad intention or from (manifesting) disrespect.

83

Sanction

the intervention of a superior to authenticate, approve, check or create a juridic bond or to impose a penalty.

84

Sanctions, Penal

Medicinal or expiatory penalties.

85

Schism

refusal of submission to the Roman Pontiff or of communion with the members of the Church subject to him.

86

Simony

giving or receiving a temporal price directed to receiving or administering a sacrament. Temporal price is understood widely here. Needs an agreement and the execution of the agreement.

87

Violence, Physical

an external force directed at the body of the subject himself which the subject cannot resist and which constrains him to act or omit to act.