|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§1.
§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.
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