Folia Theologica et Canonica, Supplementum (2016)
Péter Artner, Preventive Disciplinary Measures Before the Application of a Penalty
42 PÉTER ARTNER The purpose of this publication is to show all those disciplinary measures and pastoral possibilities that have to precede the imposition or the declaration of the real penalties or even the starting of a penal process to help those who are in charge of the salvation of souls as an ordinary or judge, to anybody who guard the legality.5 The procedures for application of a punishment sometimes seems to be too complicated, so several times the ecclesiastical authorities simply omit to apply them, or the ordinary is afraid of starting a procedure or applying a penalty, because of fear of scandal.6 For this reason, a number of ecclesiastical penal offences are never sanctioned by the ecclesiastical legal system. The scandals of the last decades revealed that with the proper use of the penal system harms can be reduced and the development of scandals can be at least partially avoided.7 Although the penal system seems to be sometimes really difficult, the above mentioned disciplinary and pastoral means can be used - and are to be used - before real penalties.8 Canon 1341 mentions fraternal correction, reproof and other methods of pastoral care, without listing them at least explicative. The Code has lots of methods as such but they are located in various parts of the Code. In order to choose the best solution to achieve the goal of the punishment, to repair the scandal caused, to restore justice, and to reform the offender, the ordinary has to have a wide knowledge on Canon Law and on the case brought in front of him. These methods of pastoral care can be suitable to promote the common good, and even the offences will not be without response.9 5 Ayrinhac, H. A. - Lydon, P. J., PenaI Legislation in the New Code of Canon Law, New York 1936. 26. Green, T. J., The Future of Penal Law in the Church, in The Jurist 35 (1975) 215. 6 Gerosa, L., Penal Law and Ecclesiastical Reality: the Applicability of the Penal Sanctions laid down in the New Code, in Concilium 1986. 61. 7 Erdő P., „Salus animarum: suprema lex” - A lelkek üdvösségére való utalások szerepe a katolikus egyház hatályos törvénykönyvében, in Kánonjog 5 (2003) 12-13. Urru, A. G., Punire per salvare, Roma 2001. 134. Marzoa, Á. - Miras, J. - Rodríguez-Ocaña, R. (ed.), Exegetical Commentary, IV/1. 366 (De Paolis V.). De Paolis, V., Penal Sanctions, Penal Remedies and Penances in Canon Law, in Dugan, P. M. (ed.), The Penal Process and the Protection of Rights in Canon Law, Montréal 2005. 163. * González, J., Basic Procedures Pertinent to Religious Institutes: Transfer, Exclaustration, Departure and Dismissal, in Philippine Canonical Forum 5 (2003) 159. 7 Zwifka, D. A., Regulation of the Rights of Individuals for the Common Good: An Analysis of Canon 223 §2 in Light of American Constitutional Law Ai Articulated in Opinions of the Supreme Court of the United States, Washington DC 1997. 29. Örsy, L., Theology and Canon Law: New Horizonts for Legislation and Interpretation, Collegeville MN 1992. 53-60, 78, 80. Astigueta, D. G., La pena come sanzione: un contributo su questo concetto, in Periodica 101 (2012) 520-522.
