|Processes » Trials in General » Different Grades and Kinds of Tribunals » The tribunal of the second instance|
|Canon 1438.||Without prejudice to the provision of can. 1444 §1, n. 1:
1° an appeal from the tribunal of a suffragan Bishop is to the metropolitan tribunal, without prejudice to the provisions of can. 1439.
2° in cases heard at first instance in the tribunal of the Metropolitan, the appeal is to a tribunal which the Metropolitan, with the approval of the Apostolic See, has designated in a stable fashion;
3° for cases dealt with before a provincial Superior, the tribunal of second instance is that of the supreme Moderator; for cases heard before the local Abbot, the second instance court is that of the Abbot superior of the monastic congregation.
|Canon 1439.||§1 If a single tribunal of first instance has been constituted for several dioceses, in accordance with the norm of can. 1423, the Episcopal Conference must, with the approval of the Holy See, constitute a tribunal of second instance, unless the dioceses are all suffragans of the same archdiocese.
§2 Even apart from the cases mentioned in §1, the Episcopal Conference can, with the approval of the Apostolic See, constitute one or more tribunals of second instance.
§3 In respect of the second instance tribunals mentioned in §§1-2, the Episcopal
Conference, or the Bishop designated by it, has all the powers that belong to a diocesan Bishop in respect of his own tribunal.
|Canon 1440.||If competence by reason of the grade of trial, in accordance with the provisions of cann. 1438 and 1439, is not observed, then the non-competence of the judge is absolute.|
|Canon 1441.||The tribunal of second instance is to be constituted in the same way as the tribunal of first instance. However, if a sole judge has given a judgement in first instance in accordance with can. 1425 §4, the second instance tribunal is to act collegially.|
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