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[GB-CL]Book 4.2 The Church Justice

 
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MessagePosté le: Dim Mai 19, 2019 3:59 pm    Sujet du message: [GB-CL]Book 4.2 The Church Justice Répondre en citant


Citation:

    ........

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

    - Suite -





    Sixtus Episcopus, Servus Servorum Dei, Ad perpetuam rei memoriam




    Book 4 : The Church Justice 



    Part II : The Ordinary Justice


      The Ordinary Justice is one of the tow components of the Church Justice. She knows herself for cases, offenses and administrative offenses, canonical and disciplinary. Ordinary Justice is rendered by four different Courts according to the nature and the charge of the offending person. Thus, the Ordinary Justice is rendered at first instance, for the faithful, by the Archiepiscopal or National Offciality and for the clergy by the Apostolic Penitentiary. The Ordinary Justice is made in seconrd ressort for the faithful and the clerics by the Roman Rota (Can 4-I-9). The Ordinary Justice is rendered in sole jurisdicion for the cardinals by the Pontifical Tribunal(Can 4-I-11).


    Section A : Archiepiscopal and National Officialities


    Generalities

    Article 1 : There is an Archiepiscopal Officiality per ecclesiastical province. The establishment of the Offciality is within the discretion of the Metroplitan Archbishop notwithstanding any concordat or particular agreements validated by the Curia.

    Article 2 : There is a National Officiality per linguistic zone. The establishment of the Officiality is within the discretion of the Curia. It supersedes any lack of archiepiscopal officiality of the linguistic zone.

    Composition

    Article 3 : Archiepiscopal Offcials are composed :
    - of the Metropolitan Archbishop of the Ecclesiastical Province;
    - of an Archiepiscopal Prosecutor. The Prosecutor may be replaced by a prelate of the province if the circumstances require so, especially if he is a part of the trial.

      Article 3.1 : The presidency of the Archiepiscopal Officiality is ensured by the Metroplitan Archbishop of the Ecclasiastical Province. If the Metroplitan Archbishop is part of the case, the case must be forwarded to the national official.

      Article 3.2 : The Archiepiscopal Prosecutor is appointed for life by the Metropolitan Archbishop of the Ecclasiastical Province on which the Officiality depends with the approvial of the Congregation of the Holy Inquisition. He may be dismissed by an inquisitor cardinal at the detailed request of the president of the officiality or directly by an inquisitor cardinal or the carindals grand-inquisitors for adequate reasons.

        Article 3.2.1 : To be appointed archiepiscopal prosecutor, one must at least hold a recognized ordinary justice license.

      Article 3.3: In the event that the Archiepiscopal Offciality can not sit in full, it is up to the President, either to refer the matter to the National Government, or in the case of the absence of an archiepiscopal prosecutor, to have an ecclasiastical public prosecutor or a missus inquisitionis acting as such, by the Congregation of the Holy Inquisition, in order to make up for it.

        Article 3.3.1 : If an Archiepiscopal Officiality is temporaily unable to perform its duties, it may be declared inactive by the Cardinal Inquisitor or the Prefect of the Inquisition in charge for the linguistic zone. All cases falling under its jurisdicion are then automatically transferred to the relevant National Authority.

    Article 4 : National Officialities are composed of:
    - the Cardinal Inquisitor or Prefect of the Inquisition in charge of the linguistic zone;
    - of a National Prosecutor. The Prosecutor may be replaced by a prelate from the linguistic zone if the circumstances require so, especially if he is a part of the trial.

      Article 4.1 : The presidency of the National Authority is ensured by the Cardinal Inquisitor of the Prefect of the Inquisition, who is in charge for the linquistic zone. If they are unavailable or part of the process the presidency is ensured by another cardinal of the linguistic zone.

      Article 4.2 : The National Prosecutor is appointed for life by the inquisitor cardinal or the prefect of the Inquisition in charge for the linguistic zone or when missing by the cardinals grand-inquisitors. He may be dismissed by an inquisitor cardinal or by the Cardinal Grand Inquisitors for adequate reasons.

        Article 4.2.1 : To be a national prosecutor, one must at least hold a recognized ordinary justice license.


      Article 4.3 : In the absence of a National Officiatlity for the linguistic zone or if the National Officiality is temporarily unable to perform its functions, all cases fall within the linguistic zone are immediately subject to the judgement of the Roman Rota

    Article 5 : The Vidame in charge for the ecclesiastical province in which the accused reside is responsable to supervise the application of the penalty, unless the judgement provides otherwise.


    Territorial jurisdiction

    Article 6 : The Archiepiscopal Officiality is in charge for the acts committed in the parishes of the ecclesiastical province on which it has authority, or by parishioners residing in the said province. In case of dispute, the Congregation of the Holy Inquisition assigned the procedure to the most suitable court.

    Article 7 : The National Officiality is in charge for acts committed in the parishes of the linguistic zone over which it has authority, or by parishioners residing in said linguistic zone, provided that the archiepiscopal offciality in charge is either unable to treat the case or declared inactive.

    Referral

    Article 8 : Any complaint or request to the Officiality must be filed into the hands of the prosecutor in charge or his services.

    Article 9 : The referral of the Officiality is ensured by the prosecutor in charge, who can seize the officiality of his own, mandated by a person in charge of the Congregation of the Holy Inquisition, by the Pontifical Consistory or by a Cardinal, or on request of a faithful.

    Special cases

    Article 10 : A Pontifical Consistory may, in agreement with the Grand Inquisitor Cardinals, promulgate rules specific to the National officialities of its geodogmatic zone only in case of dissolutions of marriages and within the limits fixed by the canon law.


    Section B : About the Apostolic Penitentiary


    Generalities

    Article 1 : The Apostolic Penitentiary is the ecclesiastical court of first instance in charge to judge the clergy of the Aristotelian and Roman Church. It depends on the Congregations of the Holy Inquisition.

    Article 2 : The calls of the judgements of the Apostolic Penintentiary are treated by the Roman Rota.

    Composition

    Article 3 : The Court of the Apostolic Penitentiary is composed by
    - two judges, known as „Penitentiaries“ including the Grand Penitentiary.
    - of the Commissioner who leads the charge.

    Article 4 : The presidency of the Tribunal of the Apostolic Penitentiary is ensured by the Grand Penitentiary, appointed and dismissed by the Grand Inquisitor Cardinals. If the Grand Penitentiary is part of the trial, he is challanged and replaced by one of the Grand Inquisitor Cardinals. In case of linguistic obstacle, the Grand Penitentiary is replaced by a different Penitentiary.

    Article 5 : The Penitentiaries assist the President of the Tribunal, deliberate with him and, together with the Commissioner, are responsible for keeping the records and forwarding the copies to the Congregation of the Holy Inquisition and the Pontifical Consistory concerned. They are appointed by the Grand Inquisitor Cardinals on the proposal of the Grand Penitentiary. They form the College of Judges-Penitentiaries. They are challanged and replaced if they are part of the trial.

    e.g. : The cardinals, the great inquisitors, appoint as many Penitentiaries in the College of Judges-Penitentiaries as they consider necessary for the proper functioning of the Apostolic Penitentiary. However, considering that a penitentiary systemaritcally assists the Grand Penitentiary during the holding of a court, a minimum number of two Penitentiaris is indsipensable for the good performance of the court of the Apostolic Penitentiary.

      Article 5.1 : To be appointed penitentiary, one must at least hold a recognized ordinary justice license.

    Article 6 : The Commissioner is appointed for life by the Grand Penitentiary and dissmissed for adequate reasons. He leads the prosecution on the basis of the evidence and testimonies that were provided to him against the offending cleric.

      Article 6.1 : To be appointed commissioner, one must at least hold a recognized ordinary justice license.

    Compeences

    Article 7 : The Apostolic Penitentiary is competent for the criminal or illegal acts committed in the dioceses of Aristotelianism by the clergy of the Church.

    Referral

    Article 8 : Any complaint or request to the Apostolic Penitentiary must be made to the office of the Commissioner of the Apostolic Penitentiary.

    Article 9 : The referral to the Apostolic Penitentiary is carried out by the commissioner in charge of the file, who can seize the court by mandate of an official of the Congregation of the Holy Inquisition, by the Pontifical Consistory or by a Cardinal or at the request of a faithful.


    Section C : About the Roman Rota

    Generalities

    Article 1 : The Roman Rota – is the tribunal of second and last instance for the Officialities and the Apostolic Penitentiary. She is therefore in charge of the judgement of the faithful and clerics of the Aristotelian and Roman Church. It depends on the Congregation of the Holy Inquisition.

    Composition

    Article 2 : The Court of the Roman Rota is composed :
    - two judges, called „Auditors“, including the Dean of the court of the Roman Rota.
    - of the Rapporteur who leads the prosecution.

    Article 3 :The presidency of the Court of the Roman Rota is ensured by the Dean of the Roman Rota, appointed and dismissed by the Grand Inquisitor Cardinals. If the Dean is part of the trial, he is challanged and replaced by one of the Grand Inquisitor Cardinals or the Chief Auditor.

    e.g. : The „Premier Auditor“ is the primus inter pares of the College of Auditors appointed by the Grand Inquisitor Cardinals. He serves as „vice-dean“ of the Roman Rota and compensates for any absences of the Dean.

    Article 4 : The Auditors assist the President of the Tribunal, deliberate with him and are responsible, with the Rapporteur, for the keeping of the archives and the delivery of the copies to the Congregation of the Holy Inquisition as well as to the Pontifical Consistory concerned. The Auditors are appointed by the Grand Inquisitor Cardinals on the possible proposal of the Dean of the Roman Rota. They form the College of Auditors. If one of the Auditor is part of the trial, he is challanged and replaced by another.

    e.g. : the Cardinals of the Great Inquisitors nominate as many Auditors within the College of Auditors as they deem necessary for the proper functioning of the Roman Rota. However, considering that an Auditeur systematically assists the Dean of the Roman Rota during the holding of a court, a minimum number of two auditors is essential to the good conductt of the court of the Roman Rota.

    Article 5 : The Rapporteur is appointed for life by the Dean of the Roman Rota and dismissed by him. He is necessarily a priest. He leads the prosecution on the basis of the evidence and testimonies provided to him against the offended faithful or cleric.

    Competences

    Article 6 : The Roman Rota has universal competence. It is known in the second instance for cases judged at first instance by the Offcialities and the Apostolic Penitentiary.

    Article 6.1 : The Roman Rota is known as first and only instance for cases submitted to it in the absence of a National Offciality.

    Article 7 :The Roman Rota has the right to confirm, modify or annul the sentences pronounced for the cases judged at first instance by the Officialities and the Apostolic Penitentiary.

    Referrals

    Article 8 : Any appeal to the Roman Rota Court must be filed a the main office of teh Roman Rota

    Article 9 : The referral to the Court of the Roman Rota is provided by the Dean of the Tribunal or an „Auditor“ in charge of the case.

    Particular dispositions

    Article 10 : The confirmation of the judgement and the sentence pronounced at first instance entails a further penalty left to the discretion of the Court's Auditors.


    Section D : The Pontifical Tribunal

    Generalities

    Article 1 : The Pontifical Tribunal is the ecclasiastical tribunal of first and only instance for cases involving, as an accused, one or more cardinals. It depends on the Congregation of the Holy Inquisition.

    Composition

    Article 2 : The Pontifical Tribunal is usually presided over by the Sovereign Pontiff, assisted by four cardinals chosen by their peers.

      Article 2.1 : If the president-elect is unavailable or part of 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 Major Inquisitor or the Grand Inquisitor.

    Article 3 : The trial is conducted by one of the members of the pontifical court deisgnated for this purpose by the president. This cardinal instructor gathers the evidence, questions the parties and the witnesses, collect the confessions.

    Article 4 : The accusation is carried out collegially by the pontifical court. He hears, in camera, the pleading of the defense.

    Article 5 : The entirety of the investigation file must be communicated to the defense as soon as it makes the request.

    Article 6 : Judgements are rendered, after deliberation, by the Sovereign Pontiff or by the President-designate. Deliberations are subject to the majority principale.

    Article 7 : The judgements of the Pontifical Tribunal are not subject to appeal. Only the Pope can suspend, cancel or modify judgements in whole or in part.

    Referral

    Article 8 :The referral to the Pontifical Tribunal is provided by the Sovereign Pontiff or by the joint request of at least three cardinals from two distinct geodogmatic zones.



    TCanonical text about the Church Justice, 
    Given at Rome, on the venerated tomb of Saint Titus, on the thirtieth day of January, on Wednesday, the year of grace MCDLXVII, the first of Our Pontificate. 




_________________

Cardinal-Deacon of the British Isles -Bishop In Partibus of Lamia - Prefect to the Villa of St.Loyat - Expert to the pontificial collages of Heraldry - Assessor to the Developing Churches
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