Flashcards in Penalties - Vocabulary (Notes: Nord, JCD. Prepared: Hastings) Deck (87)
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.
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.
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.
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.
perseverance in evil.
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.)
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.
The deliberate violation of a law or penal precept. (Needs knowledge in intellect and freedom in will).
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.
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.)
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)?”
a censure which prohibits the faithful from the use of sacred things, even though they do not loose their communion with the church.
a command or prohibition by a superior with legislative power to which some indeterminate or determinate penalty is attached in case of violation.
the deprivation of some good, inflicted by the competent authority, directed toward the correction of the delinquent and the punishment of the delict.
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.
Admonition and correction. They are esp. used to prevent delicts.
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
the person who assists in the preparation for the delict by common accord but doesn't perform the delict.
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.
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.
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.
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.
the mandator, if different than the material executor (=the person who actually does it.)
the total repudiation of Christian faith.
the immanence of death is morally certain.
Transfer ownership from one to another by any means. Note the delict for alienation applies to alienation without the license of the superior.
speech which gravely wounds good morals by expressing injuries against religion of the church.
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.
the people who by common accord placed the physical action of the delict together, both physical and formal cooperation
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.
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.
stably living together as husband and wife, even if not under the same roof, even if not public.
the event, fact, or deed, the occurrence on which the ordinary makes his remission depend. (Future conditions can be suspensive or resultive).
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.
persisting in evil after a canonical admonition to cease.
Contumacy that continues after another admonition.
knowing a penal law and breaking it anyhow, a legal fiction used for latae sentenciae penalties.
helpful but not necessary to commit the delict.
necessary to commit the delict.
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.
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.
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.
The damage of the delict is already completed; it has wounded the public order and put in danger the discipline of the church.
the delinquent used adequate means, at least in part, but their effects were bloced by something independent of his will.
the delict, despite all the preparations and against the will of the delinquent, has not occurred. Imperfect delicts are either frustrated or attempted.
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.
an external quality belonging to a person from a public office or honorific given by authority that makes them an object of greater respect.
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).
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).
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.
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.
a penalty that must be applied by means a judicial or administrative process.
the quality of the person that makes them responsible, called to respond, and punishable for some act.
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.
People who know they are ignorant and seek to remain ignorant so they can sin freely.
Ignorance, Crass or Supine
when one does nothing to free oneself from ignorance about things one should ordinarily know.
Incapacity for Delicts
Those habitually lacking use of reason are incapable of committing delicts even in lucid moments.
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.
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.
16 year competed (more after 18 years completed).
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.
Information that comes to the ordinary about the commission of a delict that falls under his jurisdiction.
the invocation of the name of God in witness to the truth of a promise (Promissory Oath) or assertion (Assertive Oath).
The performance of some work of religion, piety or charity. Penance has some afflictive or burdensome characteristic, not “Eat ice cream on Fridays.”
the chance of dying in this situation is as great as the chance of living (??? This seems too high ???).
the submission of the passive subject to the agent however obtained.
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?).
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.
the probable deduction of something uncertain from a certain fact.
Qui nomen dat
To join, enroll, inscribe, affiliate, associate, etc.
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.
committing another delict after the first.
committing another of the same type delict after the first (both solicitation, both abortion, etc.).
the cessation of a penalty ab extrinsico, by a cause external to the penalty, by the intervention of authority.
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.
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.
Recall that this is just the pope himself, not all the Curia. That’s clear in 1370p1 but easy to forget in 1372.
treating the sacred (something or someone with special holiness) as profane, done with bad intention or from (manifesting) disrespect.
the intervention of a superior to authenticate, approve, check or create a juridic bond or to impose a penalty.
Medicinal or expiatory penalties.
refusal of submission to the Roman Pontiff or of communion with the members of the Church subject to him.
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.