The judicial penal procedure for the dismissal of a diocesan priest from the clerical state according to the 1983 Code of Canon Law
type: CreativeWork
description: This study consisting of four chapters is an examination of the judicial penal procedure for dismissal of a diocesan priest from the clerical state for the commission of certain grave delicts. It mainly focuses on two areas: first, the identification of certain delicts that merit dismissal from the clerical state; second the application of right penal measures to deal with such delicts. While in light of the constant social teaching of the Church, the Code affirms the inviolable dignity and rights of the faithful, it does not fail to assert its right to impose appropriate penalties on members who violate the law (c. 1311). The exercise of personal rights is contingent upon the promotion of common good (c. 223). Therefore, threats to justice, gravity of scandal and contumacy of an offender necessitate the imposition of appropriate penalties (c. 1341). The right of a competent ecclesiastical authority to impose penalty presupposes proper understanding of delicts and penalties prescribed in the Code. By and large, penal laws operate in the juridical not moral sphere; that is to say, while all delicts are sinful, not all sins are considered delicts before law (I Jn. 5, 17). Delicts and penalties operate solely in the external forum. In order to impose appropriate penalties, the ecclesiastical superior must evaluate various factors that affect imputability and other factors related to delict (cc. 1322-1327). It is not uncommon for clerical delicts to be punished with severe penalties because they are a breach of trust and against the integrity of the sacrament of Orders. Clerical delicts against human dignity, celebration of the sacraments and morals are considered more serious; and some of them are reserved to the Apostolic See. In judging the clerical delicts meriting the serious expiatory penalty of dismissal from the clerical state, the Code prefers judicial procedure which guarantees better the right of defence (c.1620, 7&deg;) and counterchecks possible arbitrarine…
abstract: This study consisting of four chapters is an examination of the judicial penal procedure for dismissal of a diocesan priest from the clerical state for the commission of certain grave delicts. It mainly focuses on two areas: first, the identification of certain delicts that merit dismissal from the clerical state; second the application of right penal measures to deal with such delicts. While in light of the constant social teaching of the Church, the Code affirms the inviolable dignity and rights of the faithful, it does not fail to assert its right to impose appropriate penalties on members who violate the law (c. 1311). The exercise of personal rights is contingent upon the promotion of common good (c. 223). Therefore, threats to justice, gravity of scandal and contumacy of an offender necessitate the imposition of appropriate penalties (c. 1341). The right of a competent ecclesiastical authority to impose penalty presupposes proper understanding of delicts and penalties prescribed in the Code. By and large, penal laws operate in the juridical not moral sphere; that is to say, while all delicts are sinful, not all sins are considered delicts before law (I Jn. 5, 17). Delicts and penalties operate solely in the external forum. In order to impose appropriate penalties, the ecclesiastical superior must evaluate various factors that affect imputability and other factors related to delict (cc. 1322-1327). It is not uncommon for clerical delicts to be punished with severe penalties because they are a breach of trust and against the integrity of the sacrament of Orders. Clerical delicts against human dignity, celebration of the sacraments and morals are considered more serious; and some of them are reserved to the Apostolic See. In judging the clerical delicts meriting the serious expiatory penalty of dismissal from the clerical state, the Code prefers judicial procedure which guarantees better the right of defence (c.1620, 7&deg;) and counterchecks possible arbitrarine…
author: Diraviam, John
language: en
keywords: Religion, Clergy., Law.
identifier: Source: Dissertation Abstracts International, Volume: 69-07, Section: A, page: 2852.
date published: 2013-11-08T16:07:47Z
date modified: 2026-07-24T03:39:32Z
provider: University of Ottawa
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: University of Ottawa (Canada)

PropertyValue
property ID: Handle
value: http://hdl.handle.net/10393/29513

PropertyValue
property ID: DOI
value: 10.20381/ruor-19786