Folia Theologica et Canonica 6. 28/20 (2017)
IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., Historical development of the aggravating and extenuating circumstances in the canonical penal law
252 SZABOLCS ANZELM SZUROMI, O.PRAEM. The crime happens in this type of acts because the victim’s dignity.69 70 The X 5. 39. 14 - which is a fragment from Pope Celestine III (1191-1198)™ - describes this crime as an intentional act against degrees of the Holy Order, ecclesiastical offices and dignities71 72 73, like we can read it also in the Liber Sextus72 and in the Clementinae™. Within the last category (i.e. repetitio delicti) are also two different types which can aggravate the sanction: repetition of the same delict74, or to fulfill another crime75. Both of them are regulated after the Corpus iuris canonici at the Council of Trient76 and by Pope Pius V (1566-1572)77. Conclusion As it can be seen above, the majority of those extenuating and aggravating circumstances which had been collected and systematized in the Corpus iuris canonici and also in the later general canonical legislation, had took place in the Pius - Benedict Code. If we take a glance to the comparing list of canons of the old Code and the Code of Canon Law of 1983, becomes clear for us, that basically the classical categories and types of circumstances have remained in the New Code, sometimes in combined form. Obviously, new categories have been also appeared in the canonical discipline. Nevertheless, the contents of the traditional categories of the extenuating and aggravating circumstances have been altered to take their meaning closer to the development of the current contemporary legal theory, and also to the various essential changes within the modem society. 69 Friedberg I. 1162. 70 JL 17639(10274). 71 Friedberg II. 893-894. 72 VI. 5. 9. 5: Friedberg IL 1091-1092. 73 Clem. 5. 8. 1: Friedberg IL 1187-1189. 74 X 5. 7.9,13: Friedberg IL 780-782,787-789 ; X 5. 25. 1 : Friedberg IL 825; X 5. 27. 2,7: Friedberg IL 827, 830-831; VI. 5. 2. 8: Friedberg IL 1071-1072. 75 X 5. 3. 8-9: Friedberg II. 750-751; VI. 5. 2. 8: Friedberg IL 1071-1072. 76 Cone. Tiridentinum, Sessio XXIV (11 nov. 1563) Doctrina de sacramento matrimonii, Decretimi de reformatione: COD 768. 77 Pius V, Const. Cum primum ( 1 apr. 1566) § 8: Gasparri, P. - Serédi, I. (ed.), Codicis iuris canonici fontes, I. Romae 1923. 199.
