Folia Canonica 10. (2007)
STUDIES - Péter Artner: The Canonical Protection of the Dignity of the Sacrament of Penance in the Penal Law
THE CANONICAL PROTECTION OF THE DIGNITY OF THE SACRAMENT OF PENANCE 93 The attempt of the absolution is forbidden, invalid and punishable except in the danger of death. There are no such restrictions as there were in the former Code (c. 23 67), which forbade, but not invalidated the absolution in the danger of death under certain conditions. The absolution was punishable even in the danger of death when another priest was present, except the penitent did not want to confess to him, or it would cause a scandal. It is not punishable any more if the penitent leaves the common sin.21 A distinction is to be made: the danger of death (periculum mortis) and the agony (articulum mortis) are not the same. The danger of death is the possibility of the ensuing of death, and the agony is the last minutes of a person. If the questions come up, that it is a danger of death or not, in the case of positive and probable doubt of fact, the priest can validly and licitly give the absolution to his accomplice. The priest does not incur the penalty:22- He just hears the confession but does not give the absolution;- He absolves the accomplice without adverting to the confession;- He is confused;- He doubts that the penitent is his accomplice or not and he has a serious reason not to inquire further;- The penitent does not recognize him; the priest does not have to defame himself;- If there is a doubt whether it was a mortal (grave) sin or not;- If the accomplice has already confessed the common sin and has been absolved;- Neither does the priest incur the penalty if he just simulates the absolution or just gives a blessing without telling the accomplice, that this was not an absolution. In the former Code this simulation caused the same punishment, in this Code it comes under c. 1379. If the priest does not know the prohibition, the absolution is invalid, because prohibition is in force according to the §1 of c. 15, but if he does not know the punishment, although the absolution is invalid, he does not incur the penalty because of the prescription of §1 n. 10 of c. 1324. Whether the penitent honestly, with true repentance confesses the common sin, and the priest gives him an absolution in good faith because he has not recognized the common sin, the absolution will be valid or not? There are two points of view to this question. Woestman says that in this situation the confession is valid, because the prohibition of the absolution was in force only in connection with 21 Woestman, Sacraments, 1996, 268-269 22 Cf. Woestman, Sacraments, 270; Cappello, De poenitentia, 409-412, nos 422, 424.
