Folia Theologica et Canonica 6. 28/20 (2017)

IUS CANONICUM - Peter Artner, Psychical imputability and punishability in the current penal system of the Canon Law

FOLIA THEOLOGICA ET CANONICA (2017) 227-240

Peter Artner

PSYCHICAL IMPUTABILITY AND PUNISHABILITY IN THE CURRENT PENAL SYSTEM OF THE CANON LAW

In this paper I am going to explain the different levels of imputability and their effect on the punishments. My purpose is not just to inquire into the meaning of the presumption of imputability contained in Penal Law, but to examine the possible forms, sources and consequences of imputability. As the conscience is the basic motivation of our deeds and misdeeds (if the conscience is corrupted) it has not to be forgotten when we speak about imputability or punishability. Mainly the conscience is connected to Moral Theology, not even Canon Law can work properly with the lack of conscience. As the Second Vatican Council teaches us: “Conscience is the most intimate center and sanctuary of a person, in which he or she is alone with God whose voice echoes within them“' As all crimes (delicts) are sins and all sins are caused by an incorrect conscience, in measuring imputability or punishability the conscience must never be forgotten.

There are several cases in the Code where the imputability is the conditio sine qua non for some kind of juridical acts. Three different words are used in the code which may limit the person’s rights or obligations on the basis of the person’s qualities. These are: incapacitas, imputabilitas and non sui compos. These words are somewhat similar, but they have different meanings; however, the word inhabilitas has an alter meaning.

Can. 97 § 2: A minor before the completion of the seventh year is called an infant and is considered not responsible for oneself (non sui compos).

Can. 99 Whoever habitually lacks the use of reason is considered not responsible for oneself (non sui compos) and is equated with infants.

Can. 171: that a person who is incapable (incapax) of a human act is unqualified to vote.

Can. 187: Only those can resign from an ecclesiastical office who are responsible for themselves (sui compos). 1

1 Cone. Vaticanum II. Const. Gaudium el Spes: AAS 58 ( 1966) 1025-1 115: no. 16: Conscientia est nucleus secretissimus atque sacrarium hominis in quo solus est cum Deo. ciuis vox resonat in intimo eius.