Folia Theologica et Canonica, Supplementum (2016)
Péter Artner, Preventive Disciplinary Measures Before the Application of a Penalty
48 PETER ARTNER VI. Particular Prescriptions about ‘Delicta Graviora’ It is not the subject of this paper to give a deep analysis on the detailed prescriptions of the “delicta graviora’. Nevertheless, if the outcome of the Preliminary Investigation reveals that the accused has committed a most grave delict (.graviore delicta) - which case is reserved to the Apostolic Holy See - the ordinary does not have the right or possibility to decide the further actions on his own, but he must submit the case immediately to the Congregation of the Doctrine of the Faith and follow that process which prescribed by them.29 When penalties are imposed (but not declared) on a cleric, provision must always be made (c. 1350) so that he does not lack those things necessary for his decent support, unless he is dismissed from the clerical state or dismissed from an institute of consecrated life.30 The ordinary must always be aware during the entire process that most decisions are not simple application of the law following merely the regulation, but he has a very wide possibility to weight the situation and decide according to his own will, which needs a very prudent judgment and pastoral sense.31 The salvation of souls must always be the supreme law in the Church. Being lost in pure legalism in the interpretation of the texts would cause the loss of the real meaning of the canon law, since all penalties have the purpose that all offices, dignities, ministries, duties should be fulfilled by persons who are suitable.32 If his or her lifestyle becomes incompatible with his or her mission, the competent ecclesiastical authority must have the power to take the steps needed to protect the welfare of the Church.33 29 Cf. Szuromi. Sz. A., I delitti più gravi punibili dalla disciplina canonica nella prospettiva della storia della Chiesa, in Periodica 105 (2016) 369-394. 30 King, J. L., The Application of Canon 1350 on Decent Support of Priests to Contemporary North American Situations, Washington DC 2004. 29-30. 31 Ortaglio, L., L'indagie previa nei casi di Delicta Graviora - Ius processuale, in Questioni attuali di diritto penale canonico (Studi Giuridici XCVI), Città del Vaticano, 2012. 95-112. 32 Renati, C. G., Prescription and Derogation From Prescription in Sexual Abuse of Minor Cases, in Dugan, P. M. (ed.), Advocacy Vademecum, Montréal 2006. 78. 33 Scicluna, Ch. J., Delicta graviora - Ius processuale, in Questioni attuali di diritto penale canonico (Studi Giuridici XCVI), Città del Vaticano 2012. 91.
