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In
order to fulfill the ecclesiastical law, which states in Article 52 of the
apostolic constitution on the Roman Curia, "[The Congregation for the
Doctrine of the Faith] examines delicts against faith and more grave
delicts both against morals and committed in the celebration of the
sacraments which have been reported to it and, if necessary, proceeds to
declare or impose canonical sanctions according to the norm of common or
proper law,"(1) it was necessary first to define the method of
proceeding in delicts against the faith: This was accomplished through the
norms titled Agendi Ratio in Doctrinarum Examine, ratified and confirmed
by the supreme pontiff, Pope John Paul II, together with Articles 28-29
approved in forma specifica.(2)
At approximately the same time, the Congregation for the Doctrine
of the Faith, through an ad hoc commission established, devoted itself to
a diligent study of the canons on delicts both of the Code of Canon Law
and the Code of Canons of the Eastern Churches in order to determine
"more grave delicts both against morals and in the celebration of the
sacraments" and in order to make special procedural norms "to
declare or impose canonical sanctions," because the instruction
Crimen Sollicitationis, issued by the supreme sacred Congregation of the
Holy Office on March 16, 1962,(3) in force until now, was to be reviewed
when the new canonical codes were promulgated.
Having carefully considered opinions and having made the
appropriate consultations, the work of the commission finally was
completed. The fathers of the Congregation for the Doctrine of the Faith
examined the commission's work carefully and submitted to the supreme
pontiff conclusions on the determination of more grave delicts and the
manner of proceeding to declare or impose sanctions, with the exclusive
competence in this of the apostolic tribunal of this congregation
remaining firm. All these things, approved by the supreme pontiff himself,
were confirmed and promulgated by the apostolic letter given motu proprio
beginning with the words Sacramentorum sanctitatis tutela.
The more grave delicts both in the celebration of the sacraments
and against morals reserved to the Congregation for the Doctrine of the
Faith are:
-Delicts against the sanctity of the most august eucharistic
sacrifice and the sacraments, namely:
1. Taking or retaining the consecrated species for a sacrilegious
purpose or throwing them away.(4)
2. Attempting the liturgical action of the eucharistic sacrifice or
simulating the same.(5)
3. Forbidden concelebration of the eucharistic sacrifice with
ministers of ecclesial communities which do not have apostolic succession
and do not recognize the sacramental dignity of priestly ordination.(6)
4. Consecrating for a sacrilegious purpose one matter without the
other in the eucharistic celebration or even both outside a eucharistic
celebration.(7)
-Delicts against the sanctity of the sacrament of penance, namely:
1. Absolution of an accomplice in sin against the Sixth Commandment
of the Decalogue.(8)
2. Solicitation in the act, on the occasion or under the pretext of
confession, to sin against the Sixth Commandment of the Decalogue, if it
is directed to sin with the confessor himself.(9)
3. Direct violation of the sacramental seal.(10)
-A delict against morals, namely: the delict committed by a cleric
against the Sixth Commandment of the Decalogue with a minor below the age
of 18 years.
Only these delicts, which are indicated above with their
definition, are reserved to the apostolic tribunal of the Congregation for
the Doctrine of the Faith.
As often as an ordinary or hierarch has at least probable knowledge
of a reserved delict, after he has carried out the preliminary
investigation he is to indicate it to the Congregation for the Doctrine of
the Faith, which unless it calls the case to itself because of special
circumstances of things, after transmitting appropriate norms, orders the
ordinary or hierarch to proceed ahead through his own tribunal. The right
of appealing against a sentence of the first instance, whether on the part
of the party or the party's legal representative, or on the part of the
promoter of justice, solely remains valid only to the supreme tribunal of
this congregation.
It must be noted that the criminal action on delicts reserved to
the Congregation for the Doctrine of the Faith is extinguished by a
prescription of 10 years.(11) The prescription runs according to the
universal and common law;(12) however, in the delict perpetrated with a
minor by a cleric, the prescription begins to run from the day when the
minor has completed the 18th year of age.
In tribunals established by ordinaries or hierarchs, the functions
of judge, promoter of justice, notary and legal representative can validly
be performed for these cases only by priests. When the trial in the
tribunal is finished in any fashion, all the acts of the case are to be
transmitted ex officio as soon as possible to the Congregation for the
Doctrine of the Faith.
All tribunals of the Latin church and the Eastern Catholic churches
are bound to observe the canons on delicts and penalties, and also on the
penal process of both codes respectively, together with the special norms
which are transmitted by the Congregation for the Doctrine of the Faith
for an individual case and which are to be executed entirely.
Cases of this kind are subject to the pontifical secret.
Through this letter, sent by mandate of the supreme pontiff to all
the bishops of the Catholic Church, to superiors general of clerical
religious institutes of pontifical right and clerical societies of
apostolic life of pontifical right, and to other interested ordinaries and
hierarchs, it is hoped not only that more grave delicts will be entirely
avoided, but especially that ordinaries and hierarchs have solicitous
pastoral care to look after the holiness of the clergy and the faithful
even through necessary sanctions.
Rome, from the offices of the Congregation for the Doctrine of the
Faith, May 18, 2001.
Cardinal Joseph Ratzinger
Prefect
Archbishop Tarcisio Bertone, SDB
Secretary
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