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17 nov 2022

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E. Peters, wbp

Eliminating automatic penalties

Overview

Automatic penalties (poenae latae sententiae) confuse every case they touch. They blur the distinctions between the internal forum and the external and needlessly complicate the reconciliation of sinners. Their presence in a case routinely diverts attention away from the deleterious behavior of individuals and into the intricacies of penal procedural canon law. Under modern circumstances automatic penalties are largely ineffective against actual malfeasants but cause needless anxiety among the conscientious. They should be eliminated from Western canon law as they have been from Eastern (CCEO 1402, 1408).

Law

Pascite 1314. Poena ordinarie est ferendae sententiae, ita ut reum non teneat, nisi postquam irrogata sit; est autem latae sententiae si lex vel praeceptum id expresse statuat, ita ut in eam incurratur ipso facto commissi delicti.

Eng. trans. Pascite 1314. A penalty is ordinarily ferendae sententiae, that is, not binding upon the offender until it has been imposed. It is, however, latae sententiae if the law or precept expressly lays this down, so that it is incurred automatically upon the commission of an offence.

1917 CIC 2217. § 1. Poena dicitur: ... 2º Latae sententiae, si poena determinata ita sit addita legi vel praecepto ut incurratur ipso facto commissi delicti; ferendae sententiae, si a iudice vel Superiore infligi debeat; ... § 2. Poena intelligitur semper ferendae sententiae, nisi expresse dicatur eam esse latae sententiae vel ipso facto seu ipso iure contrahi, vel nisi alia similia verba adhibeantur.

Eng. trans. 1917 CIC 2217. § 1. A penalty is called: ... 2° Automatic if a determinate penalty is added to the law or precept such that it is incurred upon the fact of the delict being committed; formal if it must be inflicted by a judge or Superior; ... § 2. A penalty is always considered formal, unless it is expressly said to be automatically contracted or upon the fact or by the law, or unless other similar words are used.

My writings

Other materials dealing with Canon 1314, likely briefly,

cited here.

•

Fundamental argument. • Peters' Blog, 11 feb 2019, here. ▪ Automatic penalties confuse every topic they touch. > Canon 1314=.

• Peters' Blog, 26 sep 2015, here. ▪ Automatic penalties, carrying almost no external forum consequences and very difficult to adjudicate, should simply be removed from Church law. > Canon 1331=. Eastern canon law. Universi. Daneels. Conclave. Apostolicae Sedis moderatione. Pius IX. Gasparri. John Paul II.

• Peters' Blog, 04 may 2006, here. ▪ Is an automatic penalty effective in cases such as the supposed episcopal consecrations performed in the Communist China? > Canon 1314. Canon 1382=. Canon 1323=. Canon 1324=.

Other

commentary

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Materials on this website represent the opinions of Dr. Edward Peters and are offered in accord with Canon 212 § 3.

This website undergoes continual refinement and development. No warranty of completeness or correctness is made.

Dr. Peters' views are not necessarily shared by others in the field nor are they intended as canonical or civil advice.