|Sanctions in the Church » Offenses and Penalties in General » Penalties and Other Punishments » Censures|
|Canon 1331.||§1 An excommunicated person is prohibited:
1° from celebrating the Sacrifice of the Eucharist and the other sacraments;
2° from receiving the sacraments;
3° from administering sacramentals and from celebrating the other ceremonies of liturgical worship;
4° from taking an active part in the celebrations listed above;
5° from exercising any ecclesiastical offices, duties, ministries or functions;
6° from performing acts of governance.
§2 If a ferendae sententiae excommunication has been imposed or a latae sententiae excommunication declared, the offender:
1° proposing to act in defiance of the provision of §1 nn. 1-4 is to be removed, or else the liturgical action is to be suspended, unless there is a grave reason to the contrary;
2° invalidly exercises any acts of governance which, in accordance with §1 n. 6, are unlawful;
3° is prohibited from benefiting from privileges already granted;
4° does not acquire any remuneration held in virtue of a merely ecclesiastical title;
5° is legally incapable of acquiring offices, duties, ministries, functions, rights, privileges or honorific titles.
|Canon 1332.||§1 One who is under interdict is obliged by the prohibitions mentioned in can.
1331 §1 nn. 1-4.
§2 A law or precept may however define the interdict in such a way that the offender is prohibited only from certain particular actions mentioned in can. 1331 §1 nn. 1-4, or from certain other particular rights.
§3 The provision of can. 1331 §2 n. 1 is to be observed also in the case of interdict.
|Canon 1333.||§1. Suspension prohibits:
1° all or some of the acts of the power of order;
2° all or some of the acts of the power of governance;
3° the exercise of all or some of the rights or functions attaching to an office.
§2 In a law or a precept it may be prescribed that, after a judgement or decree which impose or declare the penalty, a suspended person cannot validly perform acts of governance.
§3 The prohibition never affects:
1° any offices or power of governance which are not within the control of the Superior who establishes the penalty;
2° a right of residence which the offender may have by virtue of office;
3° the right to administer goods which may belong to an office held by the person suspended, if the penalty is latae sententiae.
§4 A suspension prohibiting the receipt of benefits, stipends, pensions or other such things, carries with it the obligation of restitution of whatever has been unlawfully received, even though this was in good faith.
|Canon 1334.||§1 The extent of a suspension, within the limits laid down in the preceding canon, is defined either by the law or precept, or by the judgement or decree whereby the penalty is imposed.
§2. A law, but not a precept, can establish a latae sententiae suspension without an added determination or limitation; such a penalty has all the effects enumerated in can. 1333 §1.
|Canon 1335.||§1 If the competent authority imposes or declares a censure in a judicial process or by an extra-judicial decree, it can also impose the expiatory penalties it considers necessary to restore justice or repair scandal.
§2 If a censure prohibits the celebration of the sacraments or sacramentals or the performing of acts of the power of governance, the prohibition is suspended whenever this is necessary to provide for the faithful who are in danger of death. If a latae sententiae censure has not been declared, the prohibition is also suspended whenever one of the faithful requests a sacrament or sacramental or an act of the power of governance; for any just reason it is lawful to make such a request.
|Sanctions in the Church » Offenses and Penalties in General » Penalties and Other Punishments » Expiatory penalties|
|Canon 1336.||§1 Expiatory penalties can affect the offender either for ever or for a determined or an indeterminate period. Apart from others which the law may perhaps establish, they are those enumerated in §§2-5.
§2 An order:
1° to reside in a certain place or territory;
2° to pay a fine or a sum of money for the Church’s purposes, in accordance with the guidelines established by the Episcopal Conference.
§3 A prohibition:
1° against residing in a certain place or territory;
2° against exercising, everywhere or inside or outside a specified place or territory, all or some offices, duties, ministries or functions, or only certain tasks attaching to offices or duties;
3° against performing all or some acts of the power of order;
4° against performing all or some acts of the power of governance;
5° against exercising any right or privilege or using insignia or titles;
6° against enjoying an active or passive voice in canonical elections or taking part with a right to vote in ecclesial councils or colleges;
7° against wearing ecclesiastical or religious dress.
§4 A deprivation:
1° of all or some offices, duties, ministries or functions, or only of certain functions attaching to offices or duties;
2° of the faculty of hearing confessions or of preaching;
3° of a delegated power of governance;
4° of some right or privilege or insignia or title;
5° of all ecclesiastical remuneration or part of it, in accordance with the guidelines established by the Episcopal Conference, without prejudice to the provision of can. 1350
§5 Dismissal from the clerical state.
|Canon 1337.||§1 A prohibition against residing in a certain place or territory can affect both clerics and religious. An order to reside in a certain place can affect secular clerics and, within the limits of their constitutions, religious.
§2 An order imposing residence in a certain place or territory must have the consent of the Ordinary of that place, unless there is question of a house set up for penance or rehabilitation of clerics, including extra-diocesans.
|Canon 1338.||§1 The expiatory penalties enumerated in can. 1336 never affect powers, offices, functions, rights, privileges, faculties, favours, titles or insignia, which are not within the control of the Superior who establishes the penalty.
§2 There can be no deprivation of the power of order, but only a prohibition against the exercise of it or of some of its acts; neither can there be a deprivation of academic degrees.
§3 The norm laid down for censures in can. 1335 §2 is to be observed in regard to the prohibitions mentioned in can. 1336 §3.
§4 Only those expiatory penalties enumerated as prohibitions in can. 1336 §3, or others that may perhaps be established by a law or precept, may be latae sententiae penalties.
§5 The prohibitions mentioned in can. 1336 §3 are never under pain of nullity.
|Sanctions in the Church » Offenses and Penalties in General » Penalties and Other Punishments » Penal remedies and penances|
|Canon 1339.||§1 When someone is in a proximate occasion of committing an offence or when, after an investigation, there is a serious suspicion that an offence has been committed, the Ordinary either personally or through another can give that person warning.
§2 In the case of behaviour which gives rise to scandal or serious disturbance of public order, the Ordinary can also correct the person, in a way appropriate to the particular conditions of the person and of what has been done.
§3 The fact that there has been a warning or a correction must always be proven, at least from some document to be kept in the secret archive of the curia
§4 If on one or more occasions warnings or corrections have been made to someone to no effect, or if it is not possible to expect them to have any effect, the Ordinary is to issue a penal precept in which he sets out exactly what is to be done or avoided.
§5 If the gravity of the case so requires, and especially in a case where someone is in danger of relapsing into an offence, the Ordinary is also to subject the offender, over and above the penalties imposed according to the provision of the law or declared by sentence or decree, to a measure of vigilance determined by means of a singular decree.
|Canon 1340.||§1 A penance, which can be imposed in the external forum, is the performance of some work of religion or piety or charity.
§2 A public penance is never to be imposed for an occult transgression.
§3 According to his prudent judgement, the Ordinary may add penances to the penal remedy of warning or correction.
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