The judicial penal procedure for the dismissal of a diocesan priest from the clerical state according to the 1983 Code of Canon Law
Creators: name: Diraviam, John
Publisher: name: Université d'Ottawa / University of Ottawa
Year: 2008
Subjects: subject: Religion, Clergy.
subject: Law.

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°) and counterchecks possible arbitrariness. A judicial penal procedure follows the norms of the ordinary contentious process (cc. 1501-1670) and the canons on penal process provided in the Code (cc. 1717-1731). The norms which supplement the Code are to be observed for reserved delicts. The faithful observance of substantive and procedural norms will safeguard the superior from slipping away from justice and the protection of rights. The lawfully imposed penalty of dismissal from the clerical state on a guilty cleric results in certain prohibitions and deprivations such as the deprivation of exercise of sacred ministry, office, power, function, faculty, privilege, etc. All rights and obligations pertaining to the clerical state become extinct (cc. 273-283) except the obligation of celibacy (c. 291). Because the expiatory penalty of dismissal from the clerical state has severe consequences for the offending cleric, Christian charity in the application of the prescripts of the Code calls for justice and equity recommended by the Code for cases involving dismissal from the clerical state.