Folia Canonica 10. (2007)
STUDIES - Péter Artner: The Canonical Protection of the Dignity of the Sacrament of Penance in the Penal Law
FOLIA CANONICA 10 (2007) 87-103. PÉTER ARTNER THE CANONICAL PROTECTION OF THE DIGNITY OF THE SACRAMENT OF PENANCE IN THE PENAL LAW I. The Importance of the faculty; II. The Delicts in Connection with the Sixth COMMANDMENT OF THE DECALOGUE: \. Solicitation, 2. False Denunciation', 3. The Absolution of the Accomplice', III. THE SACRAMENTAL SEAL; IV. A “FICTIO IURIS”; V. OTHER PROTECTIVE CANONS; VI. PROCEEDINGS TO BE FOLLOWED IN THE RESERVED CASES; VII. CONCLUSION. It is the duty of the Church to preserve the depositum, not only its integrity but its dignity, too. The protection of the sacraments belongs to this duty, in that manner, that the manifestation of Christ in the sacraments obtain its proper respect. The means of the protection can also be the penal law, which can impose sanctions on the abuses or the improper uses. In connection with the Sacrament of Penance more expressed regulations can be found in the Code, which provide the opportunity to protect the Sacrament in those cases when its dignity could be damaged. The relatively large number of these canons indicates that the Church takes the protection of the sacraments seriously. In this article we are going to consider the canonical norms for the protection of the Sacrament of Penance. Among these norms can be found canons which directly protect the dignity of the Sacrament or indirectly, through the confessor or the penitent. Basically this article is based on the penal canons with reference to the sacramental canons. It is to be noted that the attenuating or mitigating circumstances can modify the punishability of the offender. I. THE IMPORTANCE OF THE FACULTY The c. 966 expressly prescribes, that for the valid absolution of sins the minister has to have the faculty to exercise the power of order. The responsibility of the faculty is first and foremost the protection of the Sacrament, since a priest does not receive it automatically at the ordination, and it - theoretically - can be revoked at any time. This means that the Superior has the capacity to limit the exercising of the power. The faculty does not give the ability of the confession, but allows the valid and licit exercise of the ability which comes from ordination. The hearing of sacramental confessions without faculty is not only invalid, but according to §2, n. 2 of c. 1378 is apenal offence. This canon consists of two parts: punishment for the attempt of sacramental absolution without faculty and punishment for the hearing of a sacramental confession.
