Vatican Publishes New Norms Concerning Most Serious Crimes
(15 July 10 – RV) On Thursday the Congregation for the Doctrine of the Faith (CDF)
made public the new text of modifications to the Normae de gravioribus delictis,
revised by Pope Benedict XVI. The text contains changes to the substantial and procedural
norms found in the original text of Sacramentorum sanctitatis tutela.
In
a letter introducing the new norms to bishops worldwide, Cardinal William Levada,
Prefect of CDF notes that nine years after the promulgation of the Apostolic Letter
Motu proprio the Vatican Dicastery “held it necessary to proceed with a reform of
the above mentioned text, emending it not in its entirety, but only in certain areas,
in order to render the text more useful”.
For the CDF norms in full
and a historical overview of the Apostolic Letter in English, as well as a glossary
of terms go to: www.vatican.va/resources/index_en.htm
The following
is a summary of the changes introduced into the text:
A) The following
faculties, originally granted by Pope John Paul II to the Congregation for the Doctrine
of the Faith and later confirmed by his successor, Pope Benedict XVI, on 6 May 2005,
have been introduced into the text: 1. The right, as mandated by the Roman
Pontiff, to judge Cardinals, Patriarchs, Legates of the Apostolic See, Bishops and
other physical persons found in CIC can. 1405 §3 and CCEO can. 1061 (art. 1 § 2);
2.
The extension of the term of prescription of a criminal action to twenty years, maintaining
the right of the Congregation for the Doctrine of the Faith to derogate from prescription
on a case by case basis (art. 7);
3. The faculty to dispense from the
requirement of priesthood and the requirement of a doctorate in canon law for the
personnel of the Tribunal, advocates and procurators (art. 15);
4. The
faculty to sanate acts in cases where only procedural laws have been violated by an
inferior Tribunal, guaranteeing, always, the right to a proper defense (art. 18);
5. The faculty to dispense from a judicial trial and, therefore, to proceed
per decretum extra iudicium. In these cases the Congregation for the Doctrine of the
Faith, after a careful examination of the facts, decides on a case by case basis when
to authorize an extra-judicial (administrative) process, at the request of the Ordinary
or local Hierarch or ex officio(in any of these cases, the imposition of a perpetual,
expiatory penalty requires the mandate of the Congregation for the Doctrine of the
Faith) (art. 21 § 2 n. 1);
6. The faculty to present cases directly to
the Holy Father for dimissio e statu clericali or depositio, una cum dispensatione
a lege caelibatus; to proceed in this manner, in addition to the extreme gravity of
the particular case, the commission of the delict in question must be manifest and
the right to a proper defense of the accused must be guaranteed (art. 21 § 2 n. 2);
7.
The faculty to make recourse to the Ordinary Session of the Congregation for the Doctrine
of the Faith against administrative acts issued or approved by the same Congregation
in a lower grade of judgment, in cases of reserved delicts (art. 27).
B)
The following modifications have also been introduced into the text:
8.
The delicta contra fidem (heresy, apostasy and schism) have been included; for these
delicts, the norms indicate a particular competence for the local Ordinary to proceed
ad normam iuris, either in a judicial manner or extra iudicium in the first instance,
maintaining the right of appeal or recourse to the Congregation for the Doctrine of
the Faith (art. 1 § 1 and art. 2);
9. Regarding the Eucharist, the two
delicts of attentatio liturgicae eucharistici Sacrificii actionis (CIC can. 1378 §
2 n.1) and the simulation of the same (CIC can. 1379; CCEO can. 1443) are now considered
under separate numbers (art 3 § 1 nn. 2 and 3);
10. Also concerning delicts
against the Eucharist, with respect to the previous version of the text, the phrase
“alterius materiae sine altera” has been replaced with the expression “unius materiae
vel utriusque” and the phrase “aut etiam utriusque extra eucharisticam celebrationem”
has been replaced with “aut extra eam” (art. 3 § 2); 11. Regarding the Sacrament
of Penance, the crimes specified in CIC can. 1378 § 2 (attempting to impart sacramental
absolution or hearing a sacramental confession, when one cannot do so validly) and
CIC 1379 and CCEO can. 1443 (simulation of sacramental absolution) have been included
in the text (art. 4 § 1 nn. 2 and 3);
12. Also included among the delicts
are the indirect violation of the seal (art. 4 § 1 n. 5), the recording and divulgation
of a sacramental confession done with malice (decree of the Congregation for the Doctrine
of the Faith, 23 September 1988) (art. 4 § 2);
13. The attempted ordination
of a woman has also been introduced as a delict in the new text, as established by
the decree of the Congregation for the Doctrine of the Faith on 19 December 2007 (art.
5);
14. Among the delicta contra mores: a person over 18 years of age who
is developmentally disabled is equated to a minor exclusively in regards to art. 6
§ 1 n. 1;
15. Also added as delicts are the acquisition, possession or
distribution of pornographic images of minors under the age of 14, a clerico turpe
patrata, in any way and by any means (art. 6 § 1 n. 2);
16. It is clarified
that the munera processui praeliminaria may be, but need not necessarily be, undertaken
directly by the Congregation for the Doctrine of the Faith (art. 17);
17.
The possibility of taking the cautionary measures foreseen in CIC can. 1722 and CCEO
can. 1473 during the preliminary investigation is allowed (art. 19).
Given
at the Congregation for the Doctrine of the Faith
William Cardinal LEVADA Prefect
Luis
F. LADARIA, S.I. Titular Archbishop of Thibica Secretary