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[EN] Book 4 - In medio stat Virtus

 
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Arnault d'Azayes



Inscrit le: 08 Mar 2011
Messages: 16126

MessagePosté le: Mar Nov 17, 2015 4:42 pm    Sujet du message: [EN] Book 4 - In medio stat Virtus Répondre en citant

Citation:
    Part I: Generalities and Purview

    Part II: Ordinary Justice
      A: The Episcopal Office
      B: The Apostolic Penitentiary
      C: The Roman Rota
      D: The Pontifical Tribunal

    Part III: Extraordinary Justice
      A: The Inquisitorial Tribunal
      B: The Tribunal of the Apostolic Signatura

    Part IV: Procedure

    Part V: Penalties and penances

_________________

Mort des cardinaux von Frayner et d'Azayes
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Arnault d'Azayes



Inscrit le: 08 Mar 2011
Messages: 16126

MessagePosté le: Mar Nov 17, 2015 4:43 pm    Sujet du message: Répondre en citant

Citation:

    ........

    In medio stat Virtus
    Apostolic Constitution « Virtue stands in the middle ».





    Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam




    Book 4 : The Justice of the Church




    Part I : On generalities and competences


    Generalities

    Can. 1 : The Justice of the Church is administered by the Congregation for the Holy Truth, a Roman dicastery administered by two Cardinal Chancellors, also called Grand Inquisitor and Vicar Grand Inquisitor.

    Can. 2 : The Justice of the Church is a general component of the justice of the kingdoms and therefore also responds to the moral imperatives of the latter, ["The Judge's Charter"], taking into account, however, its place and its mission.

    Competences

    Can. 3 : The Justice of the Church is competent in all violations of the Dogma, doctrines and Canon Law of the Aristotelian, Universal and Roman Church. It pronounces on the orthodoxy of the acts it is called upon to judge.

    Can. 4 : The jurisdiction of the Justice of the Church extends as far as the shadow of Aristotle and can be exercised over the whole of the parishes of the known Lands.

    Can. 5 : Any individual may, unless otherwise approved by the competent authorities, be a complainant, defendant or witness.

    Can. 6 : In the articulation of the sources of law, the Justice of the Church draws its sources, in order, with each source cited taking precedence over the next, from :
    - The Aristotelian Dogma,
    - Doctrines,
    - Canon Law,
    - Agreements, treaties or concordats validated by the competent authorities of the Church,
    - Jurisprudential custom,
    - Common practice.

    Jurisdictions and instance

    Can. 7 : The Justice of the Church comprises an Ordinary Justice and a Justice of Exception, also called « Extraordinary ».

    Can. 8 : The Justice of the Church comprises six courts:
    - The Archiepiscopal or National Officialate,
    - The Apostolic Penitentiary,
    - The Tribunal of the Inquisition,
    - The Tribunal of the Roman Rota,
    - The Tribunal of the Apostolic Signatura,
    - The Pontifical Tribunal.

    Can. 9 : Ordinary Justice is dispensed in the first instance, for the faithful, by the Archiepiscopal or National Officialate; for clerics, by the Apostolic Penitentiary. Ordinary Justice is dispensed in the second instance for the faithful and clerics by the Roman Rota.

    Can. 10 : The Justice of Exception is rendered in the first instance by the Tribunal of Inquisition and in the second instance by the Supreme Tribunal of the Apostolic Signatura.

    Can. 11 : Cardinals, whatever their nature or status, depend exclusively, for Ordinary Justice in the first and only instance, on the Pontifical Tribunal; for Justice of Exception, in the first and only instance, on the Supreme Tribunal of the Apostolic Signatura.



    Apostolic Constitution on « Virtue stands in the middle »,
    Given in Rome, on the venerated tomb of Saint Titus, on the fifteenth day of the month of May, Wednesday, in the year of grace MCDLXVII, the first of Our Pontificate.
    Amended, revised, corrected and republished on the twenty-eighth day of the month of February, Monday, in the year of grace MCDLXX, second of the Era of the Restoration of the Faith.






Code:
[quote][list]
[color=transparent]........[/color][img]https://i.imgur.com/V674Ku5.png[/img]

[color=#FFCC33][size=24][i][b]In medio stat Virtus[/b][/i][/size]
[i]Apostolic Constitution « Virtue stands in the middle ». [/i][/color]




[b][size=16]Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam[/size][/b]




[size=18]Book 4 : The Justice of the Church[/size]




[b][size=14]Part I : On generalities and competences [/size][/b]


[i][b]Generalities[/b][/i]

[b]Can. 1 : [/b] The Justice of the Church is administered by the Congregation for the Holy Truth, a Roman dicastery administered by two Cardinal Chancellors, also called Grand Inquisitor and Vicar Grand Inquisitor. 

[b]Can. 2 : [/b] The Justice of the Church is a general component of the justice of the kingdoms and therefore also responds to the moral imperatives of the latter, ["The Judge's Charter"], taking into account, however, its place and its mission.

[i][b] Competences[/b][/i]

[b]Can. 3 : [/b] The Justice of the Church is competent in all violations of the Dogma, doctrines and Canon Law of the Aristotelian, Universal and Roman Church. It pronounces on the orthodoxy of the acts it is called upon to judge.

[b]Can. 4 : [/b] The jurisdiction of the Justice of the Church extends as far as the shadow of Aristotle and can be exercised over the whole of the parishes of the known Lands.

[b]Can. 5 : [/b] Any individual may, unless otherwise approved by the competent authorities, be a complainant, defendant or witness.

[b]Can. 6 : [/b] In the articulation of the sources of law, the Justice of the Church draws its sources, in order, with each source cited taking precedence over the next, from :
- The Aristotelian Dogma,
- Doctrines,
- Canon Law,
- Agreements, treaties or concordats validated by the competent authorities of the Church,
- Jurisprudential custom,
- Common practice.

[i][b]Jurisdictions and instance[/b][/i]

[b]Can. 7 :[/b] The Justice of the Church comprises an Ordinary Justice and a Justice of Exception, also called « Extraordinary ».

[b]Can. 8 :[/b] The Justice of the Church comprises six courts:
- The Archiepiscopal or National Officialate,
- The Apostolic Penitentiary,
- The Tribunal of the Inquisition,
- The Tribunal of the Roman Rota,
- The Tribunal of the Apostolic Signatura,
- The Pontifical Tribunal.

[b]Can. 9 :[/b] Ordinary Justice is dispensed in the first instance, for the faithful, by the Archiepiscopal or National Officialate; for clerics, by the Apostolic Penitentiary. Ordinary Justice is dispensed in the second instance for the faithful and clerics by the Roman Rota.

[b]Can. 10 :[/b] The Justice of Exception is rendered in the first instance by the Tribunal of Inquisition and in the second instance by the Supreme Tribunal of the Apostolic Signatura.

[b]Can. 11 :[/b] Cardinals, whatever their nature or status, depend exclusively, for Ordinary Justice in the first and only instance, on the Pontifical Tribunal; for Justice of Exception, in the first and only instance, on the Supreme Tribunal of the Apostolic Signatura.



[i]Apostolic Constitution on « Virtue stands in the middle »,
Given in Rome, on the venerated tomb of Saint Titus, on the fifteenth day of the month of May, Wednesday, in the year of grace MCDLXVII, the first of Our Pontificate.
Amended, revised, corrected and republished on the twenty-eighth day of the month of February, Monday, in the year of grace MCDLXX, second of the Era of the Restoration of the Faith.
[/i]

[/list]
[/quote][img]https://i.imgur.com/PIMp5uo.png[/img]

_________________

Mort des cardinaux von Frayner et d'Azayes


Dernière édition par Arnault d'Azayes le Mar Nov 17, 2015 4:51 pm; édité 3 fois
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Arnault d'Azayes



Inscrit le: 08 Mar 2011
Messages: 16126

MessagePosté le: Mar Nov 17, 2015 4:43 pm    Sujet du message: Répondre en citant

Citation:

    ........

    In medio stat Virtus
    Apostolic Constitution « Virtue stands in the middle ».
    - Sequel-





    Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam




    Book 4 : The Justice of the Church



    Part II : On Ordinary Justice


      Ordinary Justice is one of the two components of the Justice of the Church. Elle se connait pour les cas, délits et infractions administratifs, canoniques et disciplinaires. Ordinary Justice is rendered by four different Courts according to the nature and office of the person incriminated. Thus, Ordinary Justice is rendered in the first instance, for the faithful, by the Archiepiscopal or National Officialate, and for clerics by the Apostolic Penitentiary. Ordinary Justice is rendered in the second instance for the faithful and clerics by the Roman Rota. Ordinary Justice is rendered in the first and only instance for Cardinals by the Pontifical Tribunal.


    Section A : On Archiepiscopal and National Officialates


    Generalities

    Can. 1 : There is one Archiepiscopal Officialate per ecclesiastical province. The establishment of the Officialate rests with the discretionary power of the Metropolitan Archbishop notwithstanding any concordat or particular agreements validated by the Curia.

    Can. 2 : There is one National Officialate per linguistic area. The establishment of the Officialate rests with the discretionary power of the Curia. It supersedes any absence of archepiscopal officialate in the linguistic area.

    Composition

    Can. 3 : The Archiepiscopal Officialates are composed of:
    - the Metropolitan Archbishop of the ecclesiastical province;
    - an Archiepiscopal Procurator.

      Can. 3.1 : The presidency of the Archiepiscopal Officialate is ensured by the metropolitan archbishop of the ecclesiastical province. If the metropolitan archbishop is a party to the trial, the case must be referred to the national officialate.

      Can. 3.2 : The prosecution is conducted by the Archiepiscopal Procurator appointed to the corresponding Archiepiscopal Officialate.

      Can. 3.3: In the case of the Archiepiscopal Officialate not being able to sit in its entirety, it is up to the President to either refer the case to the National Officialate or, only in the case of the absence of an Archiepiscopal Procurator, to have the corresponding National Procurator acting as such mandated by the Congregation for the Holy Truth to supplement him.

        Can. 3.3.1 : If an Archiepiscopal Officialate is temporarily unable to exercise its functions, it can be declared inactive by the Inquisitorial Prefect competent for the linguistic region to which the Archiepiscopal Officialate belongs or, in his absence, by the Chancellors of the Congregation for the Holy Truth. All cases falling within its competence are then automatically transferred to the competent National Officialate.

    Can. 4 : The National Officialates are composed of:
    - an Inquisitorial Prefect or an Inquisitorial Vice-Prefect;
    - a National Procurator or an Adjunct National Procurator.

      Can. 4.1 : The presidency of the National Officialate is ensured by the Inquisitorial Prefect or the Inquisitorial Vice-Prefect competent for the linguistic region for which the National Officialate is responsible.

      Can. 4.2 : The prosecution is conducted by the National Procurator or the Adjunct National Procurator appointed to the corresponding National Officialate.

      Can. 4.3 : In the absence of a National Officialate for the linguistic area or if the National Officialate is temporarily unable to exercise its functions, all cases within the linguistic area are immediately submitted to the Roman Rota for judgment.

    Can. 5 : The Vidame competent for the ecclesiastical province in which the accused resides is responsible for ensuring that the sanction is carried out, unless the judgement provides otherwise.


    Territorial competence

    Can. 6 : The Archiepiscopal Officialate is competent for all acts committed in the parishes of the ecclesiastical province over which it has authority, or by parishioners residing in the said province. In case of dispute, the Congregation for the Holy Truth assigns the procedure to the most adequate tribunal.

    Can. 7 : The National Officialate is competent for all acts committed in the parishes of the linguistic area over which it has authority, or by parishioners residing in the said linguistic area, provided that the competent archepiscopal officialate is either unable to deal with the case or is declared inactive.

    Referral

    Can. 8 : Any complaint or request to the Officialate must be submitted to the competent procurator or his services.

    Can. 9 : The referral to the Officialate is made by the competent procurator, who may refer the matter to the Officialate on his own initiative, mandated by an official of the Congregation for the Holy Truth, by the Pontifical Consistory or by a Cardinal, or at the request of the faithful.

    Particular cases

    Can. 10 : A Pontifical Consistory may, in agreement with the Chancellors of the Congregation for the Holy Truth, promulgate specific rules for the Officialates of its geodogmatic area only in the case of dissolutions of marriages and within the limits set by canon law.


    Section B : On the Apostolic Penitentiary


    Generalities

    Can. 11 : The Apostolic Penitentiary is the ecclesiastical tribunal of the first instance competent to judge clerics of the Aristotelian and Roman Church. It depends on the Congregation for the Holy Truth.

    Can. 12 : Appeals against judgements of the Apostolic Penitentiary are heard by the Roman Rota.

    Composition

    Can. 13 : The Tribunal of the Apostolic Penitentiary is composed of:
    - a judge, called « Penitentiary »;
    - a Commissioner.

    Can. 14 : The presidency of the Tribunal of the Apostolic Penitentiary is assured by a Penitentiary. If the Penitentiary is a party to the trial or in case of linguistic obstacles, he is recused and replaced by another Penitentiary or, in his absence, by one of the Chancellors of the Congregation for the Holy Truth.

    Can. 15 : The Penitentiaries deliberate in the cases assigned to them and are entrusted, together with the Commissioner, with the keeping of the archives and the transmission of copies to the Congregation for the Holy Truth and the relevant Pontifical Consistory. They are appointed by the Chancellors of the Congregation for the Holy Truth on the eventual proposal of the Grand Penitentiary. They form the College of Judges-Penitentiaries, among whom the primus inter pares is called Grand Penitentiary.

    n.b. : the Chancellors of the Congregation for the Holy Truth appoint as many Penitentiaries to the College of Judges-Penitentiaries as they deem necessary for the proper functioning of the Apostolic Penitentiary, up to a maximum of two per linguistic region.

      Can. 15.1 : Only a faithful who is the holder of a recognised degree of ordinary justice, which guarantees the legal and oratory qualities of each candidate, can be appointed as a penitentiary.

    Can. 16 : The prosecution is conducted by the Commissioner charged with the trial by the Grand Penitentiary. If the Commissioner is a party to the trial or in case of linguistic impediment, he is recused and replaced by another Commissioner or, in his absence, by the Inquisitorial Prefect or the Inquisitorial Vice Prefect competent for the concerned linguistic region.

    Competences

    Can. 17 : The Apostolic Penitentiary is competent for criminal or illicit acts committed in the dioceses of Aristotelianism by clerics of the Church.

    Referral

    Can. 18 : Any complaint or request to the Apostolic Penitentiary must be submitted to the office of the Commissioner of the Apostolic Penitentiary.

    Can. 19 : The referral to the Apostolic Penitentiary is made by the Commissioner charged with the case, who may refer the matter to the tribunal by mandate of an official of the Congregation for the Holy Truth, by the Pontifical Consistory or by a Cardinal, or at the request of a faithful.


    Section C : On the Roman Rota

    Generalities

    Can. 20 : The Roman Rota is the ecclesiastical tribunal of second and last instance for the Officialates and the Apostolic Penitentiary. It is therefore competent to judge the faithful and clerics of the Aristotelian and Roman Church. It depends on the Congregation for the Holy Truth.

    Composition

    Can. 21 : The Tribunal of the Roman Rota is composed of:
    - two judges, known as "Auditors", among whom the Dean of the Tribunal of the Roman Rota;
    - the Rapporteur.

    Can. 22 : The presidency of the Tribunal of the Roman Rota is assured by the Dean of the Roman Rota, appointed and dismissed by the Chancellors of the Congregation for the Holy Truth. If the Dean is a party to the trial or in case of linguistic obstacles, he is recused and replaced by the First Auditor, by another Auditor or, in their absence, by one of the Chancellors of the Congregation for the Holy Truth.

    n.b. : The "First Auditor" is the primus inter pares of the college of auditors appointed by the Chancellors of the Congregation for the Holy Truth. He acts as "vice-dean" of the Roman Rota and fills in for the eventual absences of the Dean.

    Can. 23 : The Auditors assist the President of the Tribunal, deliberate with him and are responsible, together with the Reporter, for keeping the archives and transmitting copies to the Congregation for the Holy Truth and the relevant Pontifical Consistory. The Auditors are appointed by the Chancellors of the Congregation for the Holy Truth, on the eventual proposal of the Dean of the Roman Rota. They form the College of Auditors. If one of the Auditors is a party to the trial, he is recused and replaced by another.

      Can. 23.1 : Only a faithful who is the holder of a recognised degree of ordinary justice, which guarantees the legal and oratory qualities of each candidate, can be appointed as an auditor.

    n.b. : The Chancellors of the Congregation for the Holy Truth appoint as many Auditors to the College of Auditors as they deem necessary for the proper functioning of the Roman Rota, up to a maximum of two per linguistic region. However, considering that an Auditor systematically assists the Dean of the Roman Rota during the holding of a tribunal, a minimum number of two Auditors is indispensable for the proper functioning of the tribunal of the Roman Rota.

    Can. 24 : The prosecution is conducted by the Rapporteur, appointed and dismissed by the Dean of the Roman Rota.


      Can. 24.1 : Only a faithful who is the holder of a recognised degree of ordinary justice, which guarantees the legal and oratory qualities of each candidate, can be appointed as rapporteur.


    Competences

    Can. 25 : The Roman Rota has universal competence. It hears in second instance cases judged in the first instance by the Officialates and the Apostolic Penitentiary.

      Can. 25.1 : The Roman Rota is the first and only instance for cases submitted to it in the absence of a National Officialate.

    Can. 26 : The Roman Rota has the right to confirm, modify or annul the sentences pronounced in cases judged in the first instance by the Officialates and the Apostolic Penitentiary.

    Referral

    Can. 27 : Any interjection of an appeal to the Tribunal of the Roman Rota must be lodged at the main office of the Roman Rota.

    Can. 28 : Referral to the Tribunal of the Roman Rota is made by the Dean of the Tribunal or an "Auditor" in charge of the case.

    Particular provisions

    Can. 29: The confirmation of the judgement and sentence pronounced in the first instance entails an additional sanction left to the discretion of the Auditors of the Tribunal.


    Section D : On the Pontifical Tribunal

    Generalities

    Can. 30 : The Pontifical Tribunal is the ecclesiastical tribunal of first and only instance for causes involving, as accused, one or more cardinals. It depends on the Congregation for the Holy Truth.

    Composition

    Can. 31 : The Pontifical Tribunal is ordinarily presided over by the Supreme Pontiff, assisted by four cardinals chosen by their peers.

      Can. 31.1 : If the designated president is unavailable or a party to the trial, he is recused and replaced, in succession, by the Dean of the Sacred College, the Vice-Dean of the Sacred College, the Grand Inquisitor or the Vicar Grand Inquisitor.

    Can. 32 : The instruction of the trial is assured by one of the members of the Pontifical Tribunal designated for this purpose by the president. The cardinal instructor gathers the evidence, questions the parties and witnesses, and collects confessions.

    Can. 33 : The prosecution is conducted collegially by the Pontifical Tribunal. It hears, behind closed doors, the plea of the defence.

    Can. 34 : The full investigation file must be made available to the defence upon request.

    Can. 35 : Judgements are made, after deliberation, by the Supreme Pontiff, or by the designated president. Deliberations are subject to the principle of majority voting.

    Can. 36 : The judgements of the Pontifical Tribunal are not susceptible of appeal. Only the Pope can suspend, annul or modify the judgment in whole or in part.

    Referral

    Article 37 : Referral to the Pontifical Tribunal is made by the Supreme Pontiff or by the joint request of at least three cardinals from two different geodogmatic areas.



    Apostolic Constitution « Virtue stands in the middle ».
    Given in Rome, on the venerated tomb of Saint Titus, on the fifteenth day of the month of May, Wednesday, in the year of grace MCDLXVII, the first of Our Pontificate.
    Amended, revised, corrected and republished on the thirteenth day of the month of June, Monday, in the year of grace MCDLXX, second of the Era of the Restoration of the Faith.






Code:
[quote][list]
[color=transparent]........[/color][img]https://i.imgur.com/V674Ku5.png[/img]

[color=#FFCC33][size=24][i][b]In medio stat Virtus[/b][/i][/size]
[i]Apostolic Constitution « Virtue stands in the middle ».
- Sequel-[/i][/color]




[b][size=16]Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam[/size][/b]




[size=18]Book 4 : The Justice of the Church[/size]



[b][size=14]Part II : On Ordinary Justice[/size][/b]


[list][i]Ordinary Justice is one of the two components of the Justice of the Church. Elle se connait pour les cas, délits et infractions administratifs, canoniques et disciplinaires. Ordinary Justice is rendered by four different Courts according to the nature and office of the person incriminated. Thus, Ordinary Justice is rendered in the first instance, for the faithful, by the Archiepiscopal or National Officialate, and for clerics by the Apostolic Penitentiary. Ordinary Justice is rendered in the second instance for the faithful and clerics by the Roman Rota. Ordinary Justice is rendered in the first and only instance for Cardinals by the Pontifical Tribunal.[/i][/list]

[size=13][b][u]Section A[/u] : On Archiepiscopal and National Officialates[/b][/size] 


[i][b] Generalities[/b][/i]

[b]Can. 1 : [/b]There is one Archiepiscopal Officialate per ecclesiastical province. The establishment of the Officialate rests with the discretionary power of the Metropolitan Archbishop notwithstanding any concordat or particular agreements validated by the Curia.

[b]Can. 2 : [/b]There is one National Officialate per linguistic area. The establishment of the Officialate rests with the discretionary power of the Curia. It supersedes any absence of archepiscopal officialate in the linguistic area.

[i][b] Composition [/b][/i]

[b]Can. 3 : [/b]The Archiepiscopal Officialates are composed of:
- the Metropolitan Archbishop of the ecclesiastical province;
- an Archiepiscopal Procurator.

[list][b]Can. 3.1 : [/b]The presidency of the Archiepiscopal Officialate is ensured by the metropolitan archbishop of the ecclesiastical province. If the metropolitan archbishop is a party to the trial, the case must be referred to the national officialate.

[b]Can. 3.2 : [/b]The prosecution is conducted by the Archiepiscopal Procurator appointed to the corresponding Archiepiscopal Officialate.

[b]Can. 3.3: [/b]In the case of the Archiepiscopal Officialate not being able to sit in its entirety, it is up to the President to either refer the case to the National Officialate or, only in the case of the absence of an Archiepiscopal Procurator, to have the corresponding National Procurator acting as such mandated by the Congregation for the Holy Truth to supplement him.

[list][b]Can. 3.3.1 : [/b]If an Archiepiscopal Officialate is temporarily unable to exercise its functions, it can be declared inactive by the Inquisitorial Prefect competent for the linguistic region to which the Archiepiscopal Officialate belongs or, in his absence, by the Chancellors of the Congregation for the Holy Truth. All cases falling within its competence are then automatically transferred to the competent National Officialate.[/list][/list]
[b]Can. 4 : [/b]The National Officialates are composed of:
- an Inquisitorial Prefect or an Inquisitorial Vice-Prefect;
- a National Procurator or an Adjunct National Procurator.

[list][b]Can. 4.1 : [/b]The presidency of the National Officialate is ensured by the Inquisitorial Prefect or the Inquisitorial Vice-Prefect competent for the linguistic region for which the National Officialate is responsible.

[b]Can. 4.2 : [/b]The prosecution is conducted by the National Procurator or the Adjunct National Procurator appointed to the corresponding National Officialate.

[b]Can. 4.3 : [/b]In the absence of a National Officialate for the linguistic area or if the National Officialate is temporarily unable to exercise its functions, all cases within the linguistic area are immediately submitted to the Roman Rota for judgment.[/list]
[b]Can. 5 : [/b]The Vidame competent for the ecclesiastical province in which the accused resides is responsible for ensuring that the sanction is carried out, unless the judgement provides otherwise.


[i][b] Territorial competence [/b][/i]

[b]Can. 6 : [/b]The Archiepiscopal Officialate is competent for all acts committed in the parishes of the ecclesiastical province over which it has authority, or by parishioners residing in the said province. In case of dispute, the Congregation for the Holy Truth assigns the procedure to the most adequate tribunal.

[b]Can. 7 : [/b]The National Officialate is competent for all acts committed in the parishes of the linguistic area over which it has authority, or by parishioners residing in the said linguistic area, provided that the competent archepiscopal officialate is either unable to deal with the case or is declared inactive.

[i][b] Referral[/b][/i]

[b]Can. 8 : [/b] Any complaint or request to the Officialate must be submitted to the competent procurator or his services.

[b]Can. 9 : [/b] The referral to the Officialate is made by the competent procurator, who may refer the matter to the Officialate on his own initiative, mandated by an official of the Congregation for the Holy Truth, by the Pontifical Consistory or by a Cardinal, or at the request of the faithful.

[i][b] Particular cases[/b][/i]

[b]Can. 10 : [/b] A Pontifical Consistory may, in agreement with the Chancellors of the Congregation for the Holy Truth, promulgate specific rules for the Officialates of its geodogmatic area only in the case of dissolutions of marriages and within the limits set by canon law.

 
[size=13][b][u]Section B[/u] : On the Apostolic Penitentiary[/b][/size] 


[b][i]Generalities[/i][/b]

[b]Can. 11 :[/b] The Apostolic Penitentiary is the ecclesiastical tribunal of the first instance competent to judge clerics of the Aristotelian and Roman Church. It depends on the Congregation for the Holy Truth.

[b]Can. 12 :[/b] Appeals against judgements of the Apostolic Penitentiary are heard by the Roman Rota.

[i][b]Composition[/b][/i]

[b]Can. 13 :[/b] The Tribunal of the Apostolic Penitentiary is composed of:
- a judge, called « Penitentiary »;
- a Commissioner. 

[b]Can. 14 :[/b] The presidency of the Tribunal of the Apostolic Penitentiary is assured by a Penitentiary. If the Penitentiary is a party to the trial or in case of linguistic obstacles, he is recused and replaced by another Penitentiary or, in his absence, by one of the Chancellors of the Congregation for the Holy Truth.

[b]Can. 15 :[/b] The Penitentiaries deliberate in the cases assigned to them and are entrusted, together with the Commissioner, with the keeping of the archives and the transmission of copies to the Congregation for the Holy Truth and the relevant Pontifical Consistory. They are appointed by the Chancellors of the Congregation for the Holy Truth on the eventual proposal of the Grand Penitentiary. They form the College of Judges-Penitentiaries, among whom the[i] primus inter pares [/i]is called Grand Penitentiary.

[size=9][i]n.b. : the Chancellors of the Congregation for the Holy Truth appoint as many Penitentiaries to the College of Judges-Penitentiaries as they deem necessary for the proper functioning of the Apostolic Penitentiary, up to a maximum of two per linguistic region. [/i][/size]

[list][b]Can. 15.1 : [/b]Only a faithful who is the holder of a recognised degree of ordinary justice, which guarantees the legal and oratory qualities of each candidate, can be appointed as a penitentiary.[/list]
[b]Can. 16 :[/b] The prosecution is conducted by the Commissioner charged with the trial by the Grand Penitentiary. If the Commissioner is a party to the trial or in case of linguistic impediment, he is recused and replaced by another Commissioner or, in his absence, by the Inquisitorial Prefect or the Inquisitorial Vice Prefect competent for the concerned linguistic region.

[i][b]Competences[/b][/i]

[b]Can. 17 :[/b] The Apostolic Penitentiary is competent for criminal or illicit acts committed in the dioceses of Aristotelianism by clerics of the Church.

[i][b]Referral[/b][/i]

[b]Can. 18 :[/b] Any complaint or request to the Apostolic Penitentiary must be submitted to the office of the Commissioner of the Apostolic Penitentiary.

[b]Can. 19 :[/b] The referral to the Apostolic Penitentiary is made by the Commissioner charged with the case, who may refer the matter to the tribunal by mandate of an official of the Congregation for the Holy Truth, by the Pontifical Consistory or by a Cardinal, or at the request of a faithful.


[size=13][b][u]Section C[/u] : On the Roman Rota[/b][/size] 

[b][i]Generalities[/i][/b]

[b]Can. 20 :[/b] The Roman Rota is the ecclesiastical tribunal of second and last instance for the Officialates and the Apostolic Penitentiary. It is therefore competent to judge the faithful and clerics of the Aristotelian and Roman Church. It depends on the Congregation for the Holy Truth.

[i][b]Composition[/b][/i]

[b]Can. 21 :[/b] The Tribunal of the Roman Rota is composed of:
- two judges, known as "Auditors", among whom the Dean of the Tribunal of the Roman Rota;
- the Rapporteur.

[b]Can. 22 :[/b] The presidency of the Tribunal of the Roman Rota is assured by the Dean of the Roman Rota, appointed and dismissed by the Chancellors of the Congregation for the Holy Truth. If the Dean is a party to the trial or in case of linguistic obstacles, he is recused and replaced by the First Auditor, by another Auditor or, in their absence, by one of the Chancellors of the Congregation for the Holy Truth.

[size=9][i]n.b. : The "First Auditor" is the[/i] primus inter pares [i]of the college of auditors appointed by the Chancellors of the Congregation for the Holy Truth. He acts as "vice-dean" of the Roman Rota and fills in for the eventual absences of the Dean. [/i][/size]

[b]Can. 23 :[/b] The Auditors assist the President of the Tribunal, deliberate with him and are responsible, together with the Reporter, for keeping the archives and transmitting copies to the Congregation for the Holy Truth and the relevant Pontifical Consistory. The Auditors are appointed by the Chancellors of the Congregation for the Holy Truth,  on the eventual proposal of the Dean of the Roman Rota. They form the College of Auditors. If one of the Auditors is a party to the trial, he is recused and replaced by another.

[list][b]Can. 23.1 : [/b]Only a faithful who is the holder of a recognised degree of ordinary justice, which guarantees the legal and oratory qualities of each candidate, can be appointed as an auditor.[/list]
[i][size=9]n.b. : The Chancellors of the Congregation for the Holy Truth appoint as many Auditors to the College of Auditors as they deem necessary for the proper functioning of the Roman Rota, up to a maximum of two per linguistic region. However, considering that an Auditor systematically assists the Dean of the Roman Rota during the holding of a tribunal, a minimum number of two Auditors is indispensable for the proper functioning of the tribunal of the Roman Rota.[/size][/i]

[b]Can. 24 :[/b]  The prosecution is conducted by the Rapporteur, appointed and dismissed by the Dean of the Roman Rota.


[list][b]Can. 24.1 : [/b]Only a faithful who is the holder of a recognised degree of ordinary justice, which guarantees the legal and oratory qualities of each candidate, can be appointed as rapporteur.[/list]

[i][b]Competences[/b][/i]

[b]Can. 25 :[/b] The Roman Rota has universal competence. It hears in second instance cases judged in the first instance by the Officialates and the Apostolic Penitentiary.

[list][b]Can. 25.1 :[/b] The Roman Rota is the first and only instance for cases submitted to it in the absence of a National Officialate. [/list]
[b]Can. 26 :[/b] The Roman Rota has the right to confirm, modify or annul the sentences pronounced in cases judged in the first instance by the Officialates and the Apostolic Penitentiary.

[i][b]Referral[/b][/i]

[b]Can. 27 :[/b] Any interjection of an appeal to the Tribunal of the Roman Rota must be lodged at the main office of the Roman Rota.

[b]Can. 28 :[/b] Referral to the Tribunal of the Roman Rota is made by the Dean of the Tribunal or an "Auditor" in charge of the case.

[i][b]Particular provisions [/b][/i]

[b]Can. 29:[/b] The confirmation of the judgement and sentence pronounced in the first instance entails an additional sanction left to the discretion of the Auditors of the Tribunal.   


[size=13][b][u]Section D[/u] : On the Pontifical Tribunal[/b][/size] 

[b][i]Generalities[/i][/b]

[b]Can. 30 :[/b] The Pontifical Tribunal is the ecclesiastical tribunal of first and only instance for causes involving, as accused, one or more cardinals. It depends on the Congregation for the Holy Truth.

[i][b]Composition[/b][/i]

[b]Can. 31 : [/b]The Pontifical Tribunal is ordinarily presided over by the Supreme Pontiff, assisted by four cardinals chosen by their peers.

[list][b]Can. 31.1 :[/b] If the designated president is unavailable or a party to the trial, he is recused and replaced, in succession, by the Dean of the Sacred College, the Vice-Dean of the Sacred College, the Grand Inquisitor or the Vicar Grand Inquisitor. [/list]
[b]Can. 32 : [/b]The instruction of the trial is assured by one of the members of the Pontifical Tribunal designated for this purpose by the president. The cardinal instructor gathers the evidence, questions the parties and witnesses, and collects confessions.

[b]Can. 33 : [/b] The prosecution is conducted collegially by the Pontifical Tribunal. It hears, behind closed doors, the plea of the defence.

[b]Can. 34 : [/b] The full investigation file must be made available to the defence upon request.

[b]Can. 35 : [/b] Judgements are made, after deliberation, by the Supreme Pontiff, or by the designated president. Deliberations are subject to the principle of majority voting.

[b]Can. 36 : [/b] The judgements of the Pontifical Tribunal are not susceptible of appeal. Only the Pope can suspend, annul or modify the judgment in whole or in part.

[i][b]Referral[/b][/i]

[b]Article 37 :[/b] Referral to the Pontifical Tribunal is made by the Supreme Pontiff or by the joint request of at least three cardinals from two different geodogmatic areas.



[i]Apostolic Constitution « Virtue stands in the middle ».
Given in Rome, on the venerated tomb of Saint Titus, on the fifteenth day of the month of May, Wednesday, in the year of grace MCDLXVII, the first of Our Pontificate.
Amended, revised, corrected and republished on the thirteenth day of the month of June, Monday, in the year of grace MCDLXX, second of the Era of the Restoration of the Faith.[/i]

[/list]
[/quote][img]https://i.imgur.com/PIMp5uo.png[/img]

_________________

Mort des cardinaux von Frayner et d'Azayes


Dernière édition par Arnault d'Azayes le Mar Nov 17, 2015 4:50 pm; édité 2 fois
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Arnault d'Azayes



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MessagePosté le: Mar Nov 17, 2015 4:43 pm    Sujet du message: Répondre en citant

Citation:

    ........

    In medio stat Virtus
    Apostolic Constitution « Virtue stands in the middle ».
    - Sequel-





    Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam




    Book 4 : The Justice of the Church



    Part III : On Extraordinary Justice


      Extraordinary Justice is one of the two components of the Justice of the Church. It is competent for dogmatic and doctrinal cases, offences and infractions. Extraordinary Justice is rendered by two different Courts according to the nature and the charge of the person incriminated. Thus, Extraordinary Justice is rendered in the first instance, for the faithful and the cleric, by the Tribunal of Inquisition. Extraordinary Justice is rendered in the second instance for the faithful and the clergy by the Supreme Tribunal of the Apostolic Signatura. Extraordinary Justice is rendered in the first and only instance for cardinals by the Supreme Tribunal of the Apostolic Signatura.


    Section A : On the Tribunal of Inquisition


    Generalities

    Can. 1 : The Tribunal of Inquisition is the religious court of first instance for crimes of faith and heresy committed by the faithful and clerics of the Aristotelian and Roman Church; it is divided into sections, each competent for a linguistic region.

    Composition

    Can. 2 : The Tribunal of Inquisition is composed of :
    - an Inquisitorial Prefect or a Vice Inquisitorial Prefect ;
    - a Missus Inquisitionis, called « Inquisitor ».

    Can. 3 : The presidency of the Tribunal of Inquisition is assured by the Inquisitorial Prefect or the Inquisitorial Vice Prefect competent for the concerned linguistic region. If they are unavailable or part of the trial, the presidency is assured by the Inquisitorial Prefect or the Inquisitorial Vice Prefect competent for another linguistic region, the international region having priority, provided that they are able to follow the proceedings in the local language.

    Can. 4 : The prosecution is conducted by the Missus Inquisitionis who has been commissioned to investigate the case in question. The Inquisitor may choose to employ the services of a Notary, whom he selects from among the Roman clerics.

    Compétences

    Can. 5 : Le Tribunal d'Inquisition possède une compétence universelle. Il se connaît en première instance pour les crimes de foi et d’hérésie.

    Referral and tribunal

    Can. 6 : Any person is free to file a complaint with the Tribunal of Inquisition.

    Can. 7 : The Inquisitorial Prefects or the Inquisitorial Vice-Prefects, on their own initiative or on the basis of a complaint, commission inquisitors by publicly stating the reasons that lead them to resort to the jurisdiction of exception.

    Can. 8 : The commissioned inquisitor conducts the investigation in secret. He gathers evidence, questions the parties and witnesses and gathers confessions. He decides whether to initiate the prosecution and draws up the indictment.


    Section B : On the Supreme Tribunal of the Apostolic Signatura


    Generalities

    Can. 9 : The Supreme Tribunal of the Apostolic Signatura is the religious court of first and sole instance for crimes of faith and heresy committed by cardinals; of second and final instance for the Tribunal of Inquisition. It is therefore competent to judge crimes of faith and heresy committed by the faithful and clerics of the Aristotelian and Roman Church.

    Can. 10 : The Supreme Tribunal of the Apostolic Signatura is directly under the authority of the Roman Curia and is administered for current affairs by the Congregation for the Holy Truth.

    Composition

    Can. 11 : The Supreme Tribunal of the Apostolic Signatura is composed of five judges, including: the Dean of the Supreme Tribunal of the Apostolic Signatura
    - the Dean of the Supreme Tribunal of the Apostolic Signatura;
    - the Chancellor or Vice-Chancellor of the Congregation of the Holy Office;
    - the Grand Inquisitor or the Grand Inquisitor Vicar;
    - one or more Cardinals mandated by the Supreme Pontiff or the Sacred College of Cardinals to substitute for these Chancellors or Vice-Chancellors;
    - two Referendaries designated by the Dean of the Supreme Tribunal of the Apostolic Signatura, from among the college of Referendaries.

      Can. 11.1 :For cases involving a cardinal, the Supreme Tribunal of the Apostolic Signatura is composed of five judges, including:
      - the Supreme Pontiff, who assumes the presidency;
      - the Dean of the Supreme Tribunal of the Apostolic Signatura;
      - the Chancellor or Vice-Chancellor of the Congregation of the Holy Office
      - the Grand Inquisitor or the Grand Inquisitor Vicar;
      - one or more Cardinals mandated by the Supreme Pontiff or the Sacred College of Cardinals to substitute for these Chancellors or Vice-Chancellors;
      - a Referendary designated by the Chancellor or Vice-Chancellor of the Congregation of the Holy Office, from among the college of Referendaries.


    Can. 12 : The presidency of the Supreme Tribunal of the Apostolic Signatura is assured, except for cases involving a cardinal, by the Dean of the Supreme Tribunal of the Apostolic Signatura, appointed for life and revoked by the Supreme Pontiff or the Sacred College of Cardinals. The Dean is necessarily a priest. If the Dean is a party to the trial, he is recused and replaced by the Chancellor or Vice-Chancellor of the Congregation of the Holy Office.

    Can. 13 : The Judges assist the President of the Tribunal, deliberate with him and are responsible, together with the Notary, for keeping the archives and sending copies to the Congregation for the Holy Truth and the Holy Office. If one of the two Cardinal Judges is a party to the trial, he is recused and replaced by the Vice-Chancellor or Chancellor of the Congregation for which he is responsible. If a Referendary is a party to the trial, he is recused and replaced by another.

      Can. 13.1 : The Notary is appointed for life by the Dean of the Supreme Tribunal of the Apostolic Signatura and revoked by him. He is necessarily a priest. He has no right to speak at the trial.


    Can. 14 : The College of Referendaries is composed of ten members appointed by the Sacred College of Cardinals on the proposal of the Dean of the Supreme Tribunal of the Apostolic Signatura, the Chancellor or Vice-Chancellor of the Congregation of the Holy Office, and the Grand Inquisitor or the Grand Inquisitor Vicar on the basis of their competence in matters of dogma and doctrine. Half of the members of the College of Referendaries are necessarily priests.

    Competences

    Can. 15 : The Supreme Tribunal of the Apostolic Signatura has universal competence. It is competent in the second instance for cases judged in the first instance by the Tribunal of Inquisition; and in the first and only instance for cases involving a cardinal.

    Can. 16 : The Supreme Tribunal of the Apostolic Signatura has the right to confirm, modify or annul the sentences pronounced in cases judged in the first instance by the Tribunal of Inquisition. In case of modification or annulment of the sentence, the matter is automatically retried before the Supreme Tribunal of the Apostolic Signatura.

    Referral

    Can. 17 : Any interjection of appeal to the Supreme Tribunal of the Apostolic Signatura must be filed with the Notary Secretariat of the Supreme Tribunal of the Apostolic Signatura.

    Can. 18 : The referral to the Supreme Tribunal of the Apostolic Signatura is made by the Dean of the Supreme Tribunal of the Apostolic Signatura for appeals after a judgment in the first instance; by any cardinal for cases involving a cardinal.

    Can. 19 : The prosecution is represented by the inquisitor who has been commissioned to investigate the case for appeal interjections after a judgment in the first instance; by the cardinal who has referred the case to the Supreme Tribunal of the Apostolic Signatura for cases involving a cardinal.

    Particular provisions

    Can. 20 : The confirmation of the judgement and of the sentence pronounced in the first instance entails an additional penalty left to the appreciation of the Judges of the Supreme Tribunal of the Apostolic Signatura.



    Apostolic Constitution « Virtue stands in the middle ».
    Given in Rome, on the venerated tomb of Saint Titus, on the fifteenth day of the month of May, Wednesday, in the year of grace MCDLXVII, the first of Our Pontificate.
    Amended, revised, corrected and republished on the nineteenth day of the month of June, Sunday, in the year of grace MCDLXX, second of the Era of the Restoration of the Faith.






Code:
[quote][list]
[color=transparent]........[/color][img]https://i.imgur.com/V674Ku5.png[/img]

[color=#FFCC33][size=24][i][b]In medio stat Virtus[/b][/i][/size]
[i]Apostolic Constitution « Virtue stands in the middle ».
- Sequel-[/i][/color]




[b][size=16]Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam[/size][/b]




[size=18]Book 4 : The Justice of the Church[/size]



[b][size=14]Part III : On Extraordinary Justice[/size][/b]


[list][i]Extraordinary Justice is one of the two components of the Justice of the Church. It is competent for dogmatic and doctrinal cases, offences and infractions. Extraordinary Justice is rendered by two different Courts according to the nature and the charge of the person incriminated. Thus, Extraordinary Justice is rendered in the first instance, for the faithful and the cleric, by the Tribunal of Inquisition. Extraordinary Justice is rendered in the second instance for the faithful and the clergy by the Supreme Tribunal of the Apostolic Signatura. Extraordinary Justice is rendered in the first and only instance for cardinals by the Supreme Tribunal of the Apostolic Signatura.[/i][/list]

[size=13][b][u]Section A[/u] : On the Tribunal of Inquisition[/b][/size]
 

[b][i]Generalities[/i][/b]

[b]Can. 1 :[/b] The Tribunal of Inquisition is the religious court of first instance for crimes of faith and heresy committed by the faithful and clerics of the Aristotelian and Roman Church; it is divided into sections, each competent for a linguistic region.

[i][b]Composition[/b][/i]

[b]Can. 2 :[/b] The Tribunal of Inquisition is composed of :
- an Inquisitorial Prefect or a Vice Inquisitorial Prefect ;
- a [i]Missus Inquisitionis[/i], called « Inquisitor ».

[b]Can. 3 :[/b] The presidency of the Tribunal of Inquisition is assured by the Inquisitorial Prefect or the Inquisitorial Vice Prefect competent for the concerned linguistic region. If they are unavailable or part of the trial, the presidency is assured by the Inquisitorial Prefect or the Inquisitorial Vice Prefect competent for another linguistic region, the international region having priority, provided that they are able to follow the proceedings in the local language.

[b]Can. 4 :[/b] The prosecution is conducted by the [i]Missus Inquisitionis[/i] who has been commissioned to investigate the case in question. The Inquisitor may choose to employ the services of a Notary, whom he selects from among the Roman clerics.

[i][b]Compétences[/b][/i]

[b]Can. 5 :[/b] Le Tribunal d'Inquisition possède une compétence universelle. Il se connaît en première instance pour les crimes de foi et d’hérésie.

[i][b]Referral and tribunal[/b][/i]

[b]Can. 6 :[/b] Any person is free to file a complaint with the Tribunal of Inquisition.

[b]Can. 7 :[/b] The Inquisitorial Prefects or the Inquisitorial Vice-Prefects, on their own initiative or on the basis of a complaint, commission inquisitors by publicly stating the reasons that lead them to resort to the jurisdiction of exception.

[b]Can. 8 :[/b] The commissioned inquisitor conducts the investigation in secret. He gathers evidence, questions the parties and witnesses and gathers confessions. He decides whether to initiate the prosecution and draws up the indictment.


[size=13][b][u]Section B[/u] : On the Supreme Tribunal of the Apostolic Signatura[/b][/size]


[b][i]Generalities[/i][/b]

[b]Can. 9 :[/b] The Supreme Tribunal of the Apostolic Signatura is the religious court of first and sole instance for crimes of faith and heresy committed by cardinals; of second and final instance for the Tribunal of Inquisition. It is therefore competent to judge crimes of faith and heresy committed by the faithful and clerics of the Aristotelian and Roman Church.

[b]Can. 10 :[/b] The Supreme Tribunal of the Apostolic Signatura is directly under the authority of the Roman Curia and is administered for current affairs by the Congregation for the Holy Truth.

[i][b]Composition [/b][/i]

[b]Can. 11 :[/b] The Supreme Tribunal of the Apostolic Signatura is composed of five judges, including: the Dean of the Supreme Tribunal of the Apostolic Signatura
- the Dean of the Supreme Tribunal of the Apostolic Signatura;
- the Chancellor or Vice-Chancellor of the Congregation of the Holy Office;
- the Grand Inquisitor or the Grand Inquisitor Vicar;
- one or more Cardinals mandated by the Supreme Pontiff or the Sacred College of Cardinals to substitute for these Chancellors or Vice-Chancellors;
- two Referendaries designated by the Dean of the Supreme Tribunal of the Apostolic Signatura, from among the college of Referendaries.

[list][b]Can. 11.1 :[/b]For cases involving a cardinal, the Supreme Tribunal of the Apostolic Signatura is composed of five judges, including:
- the Supreme Pontiff, who assumes the presidency;
- the Dean of the Supreme Tribunal of the Apostolic Signatura;
- the Chancellor or Vice-Chancellor of the Congregation of the Holy Office
- the Grand Inquisitor or the Grand Inquisitor Vicar;
- one or more Cardinals mandated by the Supreme Pontiff or the Sacred College of Cardinals to substitute for these Chancellors or Vice-Chancellors;
- a Referendary designated by the Chancellor or Vice-Chancellor of the Congregation of the Holy Office, from among the college of Referendaries.[/list]

[b]Can. 12 :[/b] The presidency of the Supreme Tribunal of the Apostolic Signatura is assured, except for cases involving a cardinal, by the Dean of the Supreme Tribunal of the Apostolic Signatura, appointed for life and revoked by the Supreme Pontiff or the Sacred College of Cardinals. The Dean is necessarily a priest. If the Dean is a party to the trial, he is recused and replaced by the Chancellor or Vice-Chancellor of the Congregation of the Holy Office.

[b]Can. 13 :[/b] The Judges assist the President of the Tribunal, deliberate with him and are responsible, together with the Notary, for keeping the archives and sending copies to the Congregation for the Holy Truth and the Holy Office. If one of the two Cardinal Judges is a party to the trial, he is recused and replaced by the Vice-Chancellor or Chancellor of the Congregation for which he is responsible. If a Referendary is a party to the trial, he is recused and replaced by another.

[list][b]Can. 13.1 :[/b] The Notary is appointed for life by the Dean of the Supreme Tribunal of the Apostolic Signatura and revoked by him. He is necessarily a priest. He has no right to speak at the trial.[/list]

[b]Can. 14 :[/b] The College of Referendaries is composed of ten members appointed by the Sacred College of Cardinals on the proposal of the Dean of the Supreme Tribunal of the Apostolic Signatura, the Chancellor or Vice-Chancellor of the Congregation of the Holy Office, and the Grand Inquisitor or the Grand Inquisitor Vicar on the basis of their competence in matters of dogma and doctrine. Half of the members of the College of Referendaries are necessarily priests.

[i][b]Competences[/b][/i]

[b]Can. 15 :[/b] The Supreme Tribunal of the Apostolic Signatura has universal competence. It is competent in the second instance for cases judged in the first instance by the Tribunal of Inquisition; and in the first and only instance for cases involving a cardinal.

[b]Can. 16 :[/b] The Supreme Tribunal of the Apostolic Signatura has the right to confirm, modify or annul the sentences pronounced in cases judged in the first instance by the Tribunal of Inquisition. In case of modification or annulment of the sentence, the matter is automatically retried before the Supreme Tribunal of the Apostolic Signatura.

[i][b]Referral[/b][/i]

[b]Can. 17 :[/b] Any interjection of appeal to the Supreme Tribunal of the Apostolic Signatura must be filed with the Notary Secretariat of the Supreme Tribunal of the Apostolic Signatura.

[b]Can. 18 :[/b] The referral to the Supreme Tribunal of the Apostolic Signatura is made by the Dean of the Supreme Tribunal of the Apostolic Signatura for appeals after a judgment in the first instance; by any cardinal for cases involving a cardinal.

[b]Can. 19 :[/b] The prosecution is represented by the inquisitor who has been commissioned to investigate the case for appeal interjections after a judgment in the first instance; by the cardinal who has referred the case to the Supreme Tribunal of the Apostolic Signatura for cases involving a cardinal.

[i][b]Particular provisions [/b][/i]

[b]Can. 20 :[/b] The confirmation of the judgement and of the sentence pronounced in the first instance entails an additional penalty left to the appreciation of the Judges of the Supreme Tribunal of the Apostolic Signatura.



[i]Apostolic Constitution « Virtue stands in the middle ».
Given in Rome, on the venerated tomb of Saint Titus, on the fifteenth day of the month of May, Wednesday, in the year of grace MCDLXVII, the first of Our Pontificate.
Amended, revised, corrected and republished on the nineteenth day of the month of June, Sunday, in the year of grace MCDLXX, second of the Era of the Restoration of the Faith.
[/i]

[/list]
[/quote][img]https://i.imgur.com/mNLWtKV.png[/img]

_________________

Mort des cardinaux von Frayner et d'Azayes
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Arnault d'Azayes



Inscrit le: 08 Mar 2011
Messages: 16126

MessagePosté le: Mar Nov 17, 2015 4:43 pm    Sujet du message: Répondre en citant

...
_________________

Mort des cardinaux von Frayner et d'Azayes
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Arnault d'Azayes



Inscrit le: 08 Mar 2011
Messages: 16126

MessagePosté le: Mar Nov 17, 2015 4:43 pm    Sujet du message: Répondre en citant

Citation:

    ........

    In medio stat Virtus
    Apostolic Constitution « Virtue stands in the middle ».
    - Sequel -





    Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam




    Book 4 : The Justice of the Church



    Partie V : On penalties and penances


      In her apostolic duty, the Holy Church has as her charge the salvation of the souls of God's faithful. Like a loving mother, she has at heart to raise her children and in order to protect them from a greater evil, she must sometimes act with firmness and discipline. Each penalty or sanction towards a faithful is a work of charity and education aimed at enabling them to become aware of their errors, to make amends and to do penance.


    Section A : On the nature of penalties and penances


    Generalities

    Can. 1 : The Church has an innate and proper right to coerce the delinquent faithful through penal sanctions.

    Can. 2 : The penalties are subdivided into medicinal penalties and expiatory penalties.

    Can. 3 : Additionally penances can be used to replace a sentence or augment it..

    Can. 4 : Ordinarily the penalty is ferendae sententiae, such that it does not affect the offender until it has been imposed by the competent ecclesiastical authority.

    Can. 5 : By reason of its gravity, the penalty may be latae sententiae, such that it is incurred by the very fact of the commission of the offence; in this case the ecclesiastical authority has only to verify its execution.


    Section B : On medicinal penalties


    Generalities

    Can. 6 : Just like a medicine for bodily illness, medicinal penalties have the purpose of reforming the delinquent faithful and making them desist from their illicit conduct.

    Can. 7 : Medicinal penalties are the most serious penalties that can be imposed on a faithful.

    Can. 8 : The medicinal penalties are the excommunication, the interdict and the suspension a divinis.


    The excommunication

    Can. 9 : The excommunication is an extraordinary disciplinary sanction taken by the competent ecclesiastical authority on a faithful or group of faithful.

    Can. 10 : The pronouncement of an excommunication has as its cause a serious and persistent action contrary to the Dogma, the Doctrine and Canon Law as well as a hostile and rebellious attitude against the ecclesiastical authority.

    Can. 11 : The pronouncement of an excommunication is the exclusive prerogative of the Supreme Pontiff and the Cardinals.

    Can. 12 : The Pontifical Consistories are empowered to pronounce an excommunication on a faithful of the geodogmatic area of which they are responsible.

    Can. 13 : The Supreme Pontiff and the Cardinals of the Sacred College are empowered to pronounce an excommunication on any Aristotelian faithful.

    Can. 14 : The Grand Inquisitor and the Vicar Grand Inquisitor are empowered to pronounce an excommunication on a faithful who has been found guilty in the tribunals of the Holy Inquisition.

    Can. 15 : Any ecclesiastical authority is entitled to request the pronouncement of an excommunication against any Aristotelian faithful found guilty in its courts.

      n.b. : Each pronouncement of excommunication must be approved by the Roman Curia, either by the Supreme Pontiff or by the Sacred College of Cardinals.

    Can. 16 : Each excommunication must be communicated and recorded in the register maintained by the Office of the Index. It will be removed from the register after each lifting, but will remain in the archives.

    Can. 17 : The excommunication excludes the faulty person from the Communion of Saints and Aristotelian Friendship. They are thus deprived of Mass and the sacraments, cannot enter or be buried in a sacred place and cannot attain the Solar Paradise.

    Can. 18 : The excommunication with anathema is a more serious form of excommunication which implies exclusion from the Church herself. It can only be pronounced by the Supreme Pontiff and the Sacred College of Cardinals.

    Can. 19 : Furthermore, in order to ensure orthodoxy and harmony within the Aristotelian community, each faithful is obliged to avoid the excommunicated person and to deny them any help, be it material or moral.

    Can. 20 : The excommunication latae sententiae can only be pronounced for schismatic actions, aggression against the Supreme Pontiff or any crime for which it is prescribed.

    Can. 21 : The excommunication is lifted only after the absolution and reparation of the faults committed and the reconciliation of the penitent with God and the Holy Church through the sacrament of confession and the fulfilment of their penance.

    Can. 22 : The lifting of the excommunication entails the recovery of the rights of baptism. The faithful is thus reintegrated into the Aristotelian community and has access to the masses, the sacraments and the concordatory rights.


    The interdict

    Can. 23 : The interdict is an extraordinary disciplinary sanction taken by the competent ecclesiastical authority on a faithful or a group of faithful.

    Can. 24 : The imposition of an interdict has as its cause a persistent action contrary to the Dogma, the Doctrine and Canon Law as well as a hostile and rebellious attitude against the ecclesiastical authority.

    Can. 26 : The imposition of an interdict is the prerogative of the episcopal sees on a faithful of the diocese. Since their jurisdiction is territorial and inscribed within the diocesan boundaries, the sanction can only be imposed on a resident of the parishes of the diocese.

    Can. 27 : By delegation of the Supreme Pontiff, the Congregation for the Holy Truth is empowered to impose the interdict on any Aristotelian faithful found guilty in its courts. Its jurisdiction being universal, it is not subject to diocesan territorial boundaries.

    Can. 28 : Each imposition of interdict must be communicated and recorded in the register maintained by the Office of the Index. It will be removed after each lifting, but will be kept in the archives.

    Can. 29 : The interdict suspends the faulty person from their rights as baptised. They are thus deprived of mass and sacraments for the entire duration of the interdict. Likewise, and according to the particular concordatory clauses, the faulty person is suspended from the temporal rights depending on them.

    Can. 30 : An interdict is always a matter for a particular jurisdiction and can only be lifted by the competent ecclesiastical authority that has decided to exercise its disciplinary rights.

    Can. 31 : The interdict has a conservatory character. It is therefore not final but is effective for the duration of the interdict until the sanction is lifted.

    Can. 32 : The interdict is definitively lifted after the absolution of the faults committed and the reconciliation of the penitent with God and the Holy Church through the sacrament of confession and the fulfilment of their penance.

    Can. 33 : The lifting of the interdict entails the recovery of the rights of baptism. The faithful is thus reintegrated into the Aristotelian community and has access to the masses, the sacraments and the concordatory rights.


    The suspension a divinis

    Can. 34 : The suspension a divinis is an extraordinary disciplinary sanction, equivalent to the interdict, taken by the competent ecclesiastical authority on an ordained or non-ordained cleric.

    Can. 35 : The pronouncement of the suspension a divinis is the prerogative of the episcopal sees on a cleric of the diocese. Their jurisdiction being territorial and inscribed within the diocesan boundaries, the sanction can only be imposed on a resident of the parishes of the diocese.

    Can. 36 : By delegation of the Supreme Pontiff, it is the prerogative of the Holy Inquisition, the Apostolic Penitentiary, the Roman Rota and the Supreme Tribunal of the Apostolic Signatura to pronounce the suspension a divinis of faulty clerics. A cleric under investigation may be suspended during the proceedings.

    Can. 37 : Each suspension a divinis must be communicated and recorded in the register maintained by the Office of the Index. It will be removed after each lifting, but will be kept in the archives.

    Can. 38 : The suspension a divinis suspends the faulty cleric from their pastoral or apostolic charge. They are thus barred from celebrating mass, dispensing sacraments, holding ecclesiastical office and speaking in the name of the Church for the duration of their suspension.

    Can. 39 : The lifting of the suspension a divinis entails the recovery of pastoral or apostolic rights. The cleric is thus reinstated as a member of the Aristotelian clergy and may once again celebrate Mass, dispense sacraments, hold a clerical office and speak in the name of the Church.


    Section C : On expiatory penalties


    Generalities

    Can. 40 : Expiatory penalties have the purpose of punishing the delinquent faithful in order to restore justice and promote their repentance.

    Can. 41 : Expiatory penalties can be applied for perpetuity, for a predetermined period of time or for an indeterminate period of time.

    Can. 42 : Expiatory penalties are expressed in a manner that is proportional to the particular conditions of the culprit and the seriousness of the fault.

    Can. 43 : Any competent ecclesiastical authority is free to decide on the expiatory penalty to be imposed within the limits of proportionality and local and universal rules.

      n.b. : By local and universal rules are meant those issued, respectively, by the competent Pontifical Consistory and by the Sacred College of Cardinals or by the Congregation for the Holy Truth.

    Can. 44 : The only ecclesiastical authority competent to impose expiatory penalties is the court competent for the offence in question.

    Can. 45 : The indispensable expiatory penalties are the following:

      - The order to reside in a particular place or territory;
      - The forcible transfer to another office;
      - The deprivation of a power, an office, a charge, a right, a privilege, a faculty, a favour, a title;
      - The interdiction to exercise a power, an office, a charge, a right, a privilege, a faculty, a favour or to do so in a given place or outside a given place;
      - The reduction to the lay state;
      - The interdiction of marriage or remarriage.


    Section D : On penances


    Generalities

    Can. 46 : Penance consists in the accomplishment of a work of religion, piety or charity.

    Can. 47 : Penance is expressed in a way that is proportional to the particular conditions of the culprit and the seriousness of the fault.

    Can. 48 : Where it is applied as a replacement or augmentation, penance is an indispensable condition for the lifting of the main penalty.

    Can. 49 : Any competent ecclesiastical authority is free to decide on the penance to be imposed within the limits of proportionality.

    Can. 50 : Particular penances may be established by local and universal rules.

      n.b. : By local and universal rules are meant those issued, respectively, by the competent Pontifical Consistory and by the Sacred College of Cardinals or by the Congregation for the Holy Truth.


    Section E : On sanctions outside the Aristotelian community


    Generalities

    Can. 51 : When dogma and orthodoxy are severely rejected with serious perturbation of the community of the faithful, the Holy Church can act against the infidels with exceptional sanctions.


    Banishment

    Can. 52 : Banishment is an exceptional sanction taken by the competent ecclesiastical authority against a person outside the Aristotelian community.

    Can. 53 : Banishment has as its cause a persistent action contrary to the Dogma, to the Doctrine as well as a hostile and rebellious attitude against the ecclesiastical authority, which causes a serious perturbation of the community of the faithful.

    Can. 54 : Banishment is the prerogative of the episcopal sees against a person outside the Aristotelian community who resides in the territory of the diocese. Their jurisdiction being territorial and within the diocesan boundaries, the sanction can only be imposed on a person residing in the parishes of the diocese.

    Can. 55 : By delegation of the Supreme Pontiff, the Congregation for the Holy Truth is empowered to banish any person outside the Aristotelian community found guilty in its courts. Its jurisdiction being universal, it is not subject to diocesan territorial boundaries.

    Can. 56 : Each banishment must be communicated and recorded in the register maintained by the Office of the Index. It will be removed after each lifting, but will be kept in the archives.

    Can. 57 : Banishment excludes ab imis the faulty person from the Aristotelian community and from the Church. They are thus deprived of mass and the sacraments, especially baptism, for the duration of their banishment.

    Can. 58 : Furthermore, to ensure orthodoxy and harmony within the Aristotelian community, every faithful is obliged to avoid the banished person and to deny them any help, be it material or moral.

    Can. 59 : The banishment is lifted after the absolution of the faults committed and the reconciliation of the penitent with God and the Holy Church, following the recognition of the truth of the Dogma and the abjuration of the perturbing actions.

    Can. 60 : The lifting of the banishment entails the recovery of the possibility of joining the community of the faithful.




    Apostolic Constitution « Virtue stands in the middle »,
    Given in Rome, on the most venerated tomb of Saint Titus Prince of the Apostles, the fourteenth day of the month of June, on Tuesday, the day of Saints Quirico and Giulitta Martyrs, of the Year of Grace MCDLXX, the fourth of Our Pontificate, third of the Era of the Restoration of the Faith.






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[quote][list]
[color=transparent]........[/color][img]https://i.imgur.com/V674Ku5.png[/img]

[color=#FFCC33][size=24][i][b]In medio stat Virtus[/b][/i][/size]
[i]Apostolic Constitution « Virtue stands in the middle ».
- Sequel -[/i][/color]




[b][size=16]Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam[/size][/b]




[size=18]Book 4 : The Justice of the Church[/size]



[b][size=14]Partie V : On penalties and penances[/size][/b]


[list][i]In her apostolic duty, the Holy Church has as her charge the salvation of the souls of God's faithful. Like a loving mother, she has at heart to raise her children and in order to protect them from a greater evil, she must sometimes act with firmness and discipline. Each penalty or sanction towards a faithful is a work of charity and education aimed at enabling them to become aware of their errors, to make amends and to do penance.[/i][/list]

[size=13][b][u]Section A[/u] : On the nature of penalties and penances [/b][/size] 
 

[b][i][u]Generalities[/u][/i][/b]

[b]Can. 1 :[/b] The Church has an innate and proper right to coerce the delinquent faithful through penal sanctions.

[b]Can. 2 :[/b] The penalties are subdivided into medicinal penalties and expiatory penalties.

[b]Can. 3 : [/b]Additionally penances can be used to replace a sentence or augment it..

[b]Can. 4 : [/b]Ordinarily the penalty is [i]ferendae sententiae[/i], such that it does not affect the offender until it has been imposed by the competent ecclesiastical authority.

[b]Can. 5 : [/b]By reason of its gravity, the penalty may be [i]latae sententiae[/i], such that it is incurred by the very fact of the commission of the offence; in this case the ecclesiastical authority has only to verify its execution.


[size=13][b][u]Section B[/u] : On medicinal penalties[/b]  [/size]
 

[b][i][u]Generalities[/u][/i][/b]

[b]Can. 6 : [/b]Just like a medicine for bodily illness, medicinal penalties have the purpose of reforming the delinquent faithful and making them desist from their illicit conduct.

[b]Can. 7 : [/b]Medicinal penalties are the most serious penalties that can be imposed on a faithful.

[b]Can. 8 : [/b]The medicinal penalties are the excommunication, the interdict and the suspension [i]a divinis[/i].


[b][i][u]The excommunication[/u][/i][/b]

[b]Can. 9 : [/b]The excommunication is an extraordinary disciplinary sanction taken by the competent ecclesiastical authority on a faithful or group of faithful.

[b]Can. 10 : [/b]The pronouncement of an excommunication has as its cause a serious and persistent action contrary to the Dogma, the Doctrine and Canon Law as well as a hostile and rebellious attitude against the ecclesiastical authority.

[b]Can. 11 : [/b]The pronouncement of an excommunication is the exclusive prerogative of the Supreme Pontiff and the Cardinals.

[b]Can. 12 : [/b]The Pontifical Consistories are empowered to pronounce an excommunication on a faithful of the geodogmatic area of which they are responsible.

[b]Can. 13 : [/b]The Supreme Pontiff and the Cardinals of the Sacred College are empowered to pronounce an excommunication on any Aristotelian faithful.

[b]Can. 14 : [/b]The Grand Inquisitor and the Vicar Grand Inquisitor are empowered to pronounce an excommunication on a faithful who has been found guilty in the tribunals of the Holy Inquisition.

[b]Can. 15 : [/b]Any ecclesiastical authority is entitled to request the pronouncement of an excommunication against any Aristotelian faithful found guilty in its courts.

[list][size=9][i]n.b. : Each pronouncement of excommunication must be approved by the Roman Curia, either by the Supreme Pontiff or by the Sacred College of Cardinals.[/i][/size][/list]
[b]Can. 16 : [/b]Each excommunication must be communicated and recorded in the register maintained by the Office of the Index. It will be removed from the register after each lifting, but will remain in the archives.

[b]Can. 17 :[/b] The excommunication excludes the faulty person from the Communion of Saints and Aristotelian Friendship. They are thus deprived of Mass and the sacraments, cannot enter or be buried in a sacred place and cannot attain the Solar Paradise.

[b]Can. 18 : [/b]The excommunication with anathema is a more serious form of excommunication which implies exclusion from the Church herself. It can only be pronounced by the Supreme Pontiff and the Sacred College of Cardinals.

[b]Can. 19 : [/b]Furthermore, in order to ensure orthodoxy and harmony within the Aristotelian community, each faithful is obliged to avoid the excommunicated person and to deny them any help, be it material or moral.

[b]Can. 20 : [/b]The excommunication [i]latae sententiae[/i] can only be pronounced for schismatic actions, aggression against the Supreme Pontiff or any crime for which it is prescribed.

[b]Can. 21 : [/b]The excommunication is lifted only after the absolution and reparation of the faults committed and the reconciliation of the penitent with God and the Holy Church through the sacrament of confession and the fulfilment of their penance.

[b]Can. 22 : [/b]The lifting of the excommunication entails the recovery of the rights of baptism. The faithful is thus reintegrated into the Aristotelian community and has access to the masses, the sacraments and the concordatory rights.


[b][i][u]The interdict[/u][/i][/b]

[b]Can. 23 : [/b]The interdict is an extraordinary disciplinary sanction taken by the competent ecclesiastical authority on a faithful or a group of faithful.

[b]Can. 24 : [/b]The imposition of an interdict has as its cause a persistent action contrary to the Dogma, the Doctrine and Canon Law as well as a hostile and rebellious attitude against the ecclesiastical authority.

[b]Can. 26 : [/b]The imposition of an interdict is the prerogative of the episcopal sees on a faithful of the diocese. Since their jurisdiction is territorial and inscribed within the diocesan boundaries, the sanction can only be imposed on a resident of the parishes of the diocese.

[b]Can. 27 : [/b]By delegation of the Supreme Pontiff, the Congregation for the Holy Truth is empowered to impose the interdict on any Aristotelian faithful found guilty in its courts. Its jurisdiction being universal, it is not subject to diocesan territorial boundaries.

[b]Can. 28 : [/b]Each imposition of interdict must be communicated and recorded in the register maintained by the Office of the Index. It will be removed after each lifting, but will be kept in the archives.

[b]Can. 29 : [/b]The interdict suspends the faulty person from their rights as baptised. They are thus deprived of mass and sacraments for the entire duration of the interdict. Likewise, and according to the particular concordatory clauses, the faulty person is suspended from the temporal rights depending on them.

[b]Can. 30 : [/b]An interdict is always a matter for a particular jurisdiction and can only be lifted by the competent ecclesiastical authority that has decided to exercise its disciplinary rights.

[b]Can. 31 : [/b]The interdict has a conservatory character. It is therefore not final but is effective for the duration of the interdict until the sanction is lifted.

[b]Can. 32 : [/b]The interdict is definitively lifted after the absolution of the faults committed and the reconciliation of the penitent with God and the Holy Church through the sacrament of confession and the fulfilment of their penance.

[b]Can. 33 : [/b] The lifting of the interdict entails the recovery of the rights of baptism. The faithful is thus reintegrated into the Aristotelian community and has access to the masses, the sacraments and the concordatory rights.


[b][i][u]The suspension a divinis[/u][/i][/b]

[b]Can. 34 : [/b]The suspension [i]a divinis[/i] is an extraordinary disciplinary sanction, equivalent to the interdict, taken by the competent ecclesiastical authority on an ordained or non-ordained cleric.

[b]Can. 35 : [/b]The pronouncement of the suspension [i]a divinis[/i] is the prerogative of the episcopal sees on a cleric of the diocese. Their jurisdiction being territorial and inscribed within the diocesan boundaries, the sanction can only be imposed on a resident of the parishes of the diocese.

[b]Can. 36 : [/b]By delegation of the Supreme Pontiff, it is the prerogative of the Holy Inquisition, the Apostolic Penitentiary, the Roman Rota and the Supreme Tribunal of the Apostolic Signatura to pronounce the suspension [i]a divinis[/i] of faulty clerics. A cleric under investigation may be suspended during the proceedings.

[b]Can. 37 : [/b]Each suspension [i]a divinis[/i] must be communicated and recorded in the register maintained by the Office of the Index. It will be removed after each lifting, but will be kept in the archives.

[b]Can. 38 : [/b]The suspension [i]a divinis[/i] suspends the faulty cleric from their pastoral or apostolic charge. They are thus barred from celebrating mass, dispensing sacraments, holding ecclesiastical office and speaking in the name of the Church for the duration of their suspension.

[b]Can. 39 : [/b]The lifting of the suspension [i]a divinis[/i] entails the recovery of pastoral or apostolic rights. The cleric is thus reinstated as a member of the Aristotelian clergy and may once again celebrate Mass, dispense sacraments, hold a clerical office and speak in the name of the Church.


[size=13][b][u]Section C[/u] : On expiatory penalties[/b]  [/size]
 

[b][i][u]Generalities[/u][/i][/b]

[b]Can. 40 : [/b]Expiatory penalties have the purpose of punishing the delinquent faithful in order to restore justice and promote their repentance.

[b]Can. 41 : [/b]Expiatory penalties can be applied for perpetuity, for a predetermined period of time or for an indeterminate period of time.

[b]Can. 42 : [/b]Expiatory penalties are expressed in a manner that is proportional to the particular conditions of the culprit and the seriousness of the fault.

[b]Can. 43 : [/b]Any competent ecclesiastical authority is free to decide on the expiatory penalty to be imposed within the limits of proportionality and local and universal rules.

[list][size=9][i]n.b. : By local and universal rules are meant those issued, respectively, by the competent Pontifical Consistory and by the Sacred College of Cardinals or by the Congregation for the Holy Truth.[/i][/size][/list]
[b]Can. 44 : [/b]The only ecclesiastical authority competent to impose expiatory penalties is the court competent for the offence in question.

[b]Can. 45 : [/b]The indispensable expiatory penalties are the following:

[list]- The order to reside in a particular place or territory;
- The forcible transfer to another office;
- The deprivation of a power, an office, a charge, a right, a privilege, a faculty, a favour, a title;
- The interdiction to exercise a power, an office, a charge, a right, a privilege, a faculty, a favour or to do so in a given place or outside a given place;
- The reduction to the lay state;
- The interdiction of marriage or remarriage.[/list]

[size=13][b][u]Section D[/u] : On penances [/b]  [/size]
 

[b][i][u]Generalities[/u][/i][/b]

[b]Can. 46 : [/b]Penance consists in the accomplishment of a work of religion, piety or charity.

[b]Can. 47 : [/b]Penance is expressed in a way that is proportional to the particular conditions of the culprit and the seriousness of the fault.

[b]Can. 48 : [/b]Where it is applied as a replacement or augmentation, penance is an indispensable condition for the lifting of the main penalty.

[b]Can. 49 : [/b]Any competent ecclesiastical authority is free to decide on the penance to be imposed within the limits of proportionality.

[b]Can. 50 : [/b]Particular penances may be established by local and universal rules.

[list][size=9][i]n.b. : By local and universal rules are meant those issued, respectively, by the competent Pontifical Consistory and by the Sacred College of Cardinals or by the Congregation for the Holy Truth.[/i][/size][/list]

[size=13][b][u]Section E[/u] : On sanctions outside the Aristotelian community[/b]  [/size]
 

[b][i][u]Generalities[/u][/i][/b]

[b]Can. 51 : [/b]When dogma and orthodoxy are severely rejected with serious perturbation of the community of the faithful, the Holy Church can act against the infidels with exceptional sanctions.


[b][i][u]Banishment[/u][/i][/b]

[b]Can. 52 : [/b]Banishment is an exceptional sanction taken by the competent ecclesiastical authority against a person outside the Aristotelian community.

[b]Can. 53 : [/b]Banishment has as its cause a persistent action contrary to the Dogma, to the Doctrine as well as a hostile and rebellious attitude against the ecclesiastical authority, which causes a serious perturbation of the community of the faithful.

[b]Can. 54 : [/b]Banishment is the prerogative of the episcopal sees against a person outside the Aristotelian community who resides in the territory of the diocese. Their jurisdiction being territorial and within the diocesan boundaries, the sanction can only be imposed on a person residing in the parishes of the diocese.

[b]Can. 55 : [/b]By delegation of the Supreme Pontiff, the Congregation for the Holy Truth is empowered to banish any person outside the Aristotelian community found guilty in its courts. Its jurisdiction being universal, it is not subject to diocesan territorial boundaries.

[b]Can. 56 : [/b]Each banishment must be communicated and recorded in the register maintained by the Office of the Index. It will be removed after each lifting, but will be kept in the archives.

[b]Can. 57 : [/b]Banishment excludes [i]ab imis[/i] the faulty person from the Aristotelian community and from the Church. They are thus deprived of mass and the sacraments, especially baptism, for the duration of their banishment.

[b]Can. 58 : [/b]Furthermore, to ensure orthodoxy and harmony within the Aristotelian community, every faithful is obliged to avoid the banished person and to deny them any help, be it material or moral.

[b]Can. 59 : [/b]The banishment is lifted after the absolution of the faults committed and the reconciliation of the penitent with God and the Holy Church, following the recognition of the truth of the Dogma and the abjuration of the perturbing actions.

[b]Can. 60 : [/b]The lifting of the banishment entails the recovery of the possibility of joining the community of the faithful.




[i]Apostolic Constitution « Virtue stands in the middle »,
Given in Rome, on the most venerated tomb of Saint Titus Prince of the Apostles, the fourteenth day of the month of June, on Tuesday, the day of Saints Quirico and Giulitta Martyrs, of the Year of Grace MCDLXX, the fourth of Our Pontificate, third of the Era of the Restoration of the Faith.[/i]

[/list]
[/quote][img]https://i.imgur.com/mNLWtKV.png[/img]
[/code]
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Arnault d'Azayes



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MessagePosté le: Mar Nov 17, 2015 4:44 pm    Sujet du message: Répondre en citant

...
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Dernière édition par Arnault d'Azayes le Mar Nov 17, 2015 4:48 pm; édité 2 fois
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Arnault d'Azayes



Inscrit le: 08 Mar 2011
Messages: 16126

MessagePosté le: Mar Nov 17, 2015 4:44 pm    Sujet du message: Répondre en citant

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Code:
[quote]
[list]
[color=#FFFFFF]........[/color][img]http://i358.photobucket.com/albums/oo23/Endymionrr/Heraldique/Entetes/rdo0_zpslob9rzwz.png[/img]
[color=#FFCC33][size=24][i][b] In medio stat Virtus [/b][/i][/size]
[i]Apostolic Constitution "Virtue stands in the middle".
- Continuation -[/i][/color]





[size=18]Book 4: Church Justice[/size]



[b][size=14]Part III : Extraordinary Justice[/size][/b]

[list][i]Extraordinary Justice is one of two components of Church Justice. It is applied to cases, crimes and misdemeanours, dogmatic and doctrinal. Extraordinary Justice is rendered through two different routes depending on the nature and charge of the offending person. Thus, Extraordinary Justice is rendered in the first instance, for the faithful and the clergy, by the Inquisitorial Tribunal. Extraordinary Justice is rendered in the second instance for the faithful and the clergy by the Supreme Tribunal of the Apostolic Signatura (Can 4-I-9). Extraordinary Justice is rendered in the first and only instance for the Cardinals by the Supreme Tribunal of the Apostolic Signatura (Can 4-I-11).[/i][/list]

[size=13][b][u]Section A[/u]: Inquisitorial Tribunal[/b][/size] 
 

[b][i]General[/i][/b]

[b]Article 1:[/b] The Inquisitorial Tribunal is the religious court of first instance for crimes of faith and heresy committed by the faithful and the clergy of the Roman and Aristotelian Church.

[b][i]Composition[/i][/b]

[b]Article 2:[/b] The Inquisitorial Tribunal consists of:
- a Cardinal Inquisitor or inquisitorial prefect
- a Missus Inquisitionis, called "Inquisitor", who combines the chair and gives the trial.

[b]Article 3:[/b] The Cardinals Chancellor and Vice-Chancellor of the Congregation of the Holy Inquisition appoint and dismiss the Cardinals Inquisitor, the prefects and the Missus Inquisitionis.

[b]Article 4:[/b] The Inquisitor may choose to enlist the services of a Notary selected from the Roman clergy.

[b][i]Jurisdiction[/i][/b]

[b]Article 5:[/b] The Inquisitorial Tribunal has a universal jurisdiction. It is applied to in the first instance for crimes of faith and heresy.

[b][i]Referral and the court[/i][/b]

[b]Article 6:[/b] Everyone can make a complaint to the Inquisition tribunal.

[b]Article 7:[/b] Cardinals Inquisitor or inquisitorial prefects commission inquisitors by publicly stating the reasons that lead them to resort to the special court.

[b]Article 8:[/b] The inquisitor works alone and leads the investigation in secret. They bring together evidence, interrogate the parties and witnesses, collect the confessions. They judge the merits of the prosecution and draft the indictment.

[b]Article 9: [/b]The inquisitor, who presides alone over the trial and leads the charge, hears, in public session, the argument of the defense

[b]Article 10:[/b] The entire trial record must be disclosed to the defense if it so requests.

[b][i]Judgment and special provisions[/i][/b]

[b]Article 11:[/b] The Inquisitor and the Cardinal-Inquisitor or the Prefect who gave the commission render the judgment and decide the nature and the length of the sentence.



[/list]
[/quote][img]http://img11.hostingpics.net/pics/867178bulleor.png[/img]

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