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In January 2006, I started a thread called REFERENCES in the PRF not long after the 2005 BBC documentary first aired and after a flurry of news items in the US press on frivolous lawsuits trying to implicate the Vatican and Pope Benedict XVI in sex abuse cases. My premise then was this:


Since this matter is bound to be dredged up now and then, and misrepresented by MSM, as it has always been, to place Joseph Ratzinger and the Church in the worst light possible, I thought it would be good to create this corner to which you may run for reference the next time you see one of those misleading stories.

There are two basic documents:
1. Pope John Paul II's Apostolic Letter dated April 30, 2001, "by which are promulgated Norms
concerning the more grave delicts reserved to the Congregation for the Doctrine of the Faith", and
2. The letter from the CDF signed by Cardinal Ratzinger and sent May 11, 2001 "by mandate of
the supreme Pontiff to all the bishops of the Catholic Church..." to clarify the procedure
for dealing with clerical offenses of the type referred to in the Pope's letter, in the hope
"not only that more grave delicts will be totally avoided, but especially that ordinaries and
hierarchs have solicitous pastoral care to look after the holiness of the clergy and the
faithful even through necessary sanctions."

The new Vatican resource site, www.resource.va, still does not have either of these documents posted in any language, not even the Latin original. An official Italian translation of both was published for the first time in L'Osservatore Romano yesterday, 3/20/10.



As it is quite short, I am reproducing Cardinal Ratzinger's letter first, in an English translation
of the original Latin, from

opusbonosacerdotii.org/ad_exsequendam_ecclesiasticam_l...
This is the link to the original document:
www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_20010518_epistula_graviora%20delicta...



LETTER TO ALL BISHOPS,
ORDINARIES AND HIERARCHS OF THE CATHOLIC CHURCH
CONCERNING THE GRAVE DELICTS RESERVED
TO THE CONGREGATION FOR THE DOCTRINE OF THE FAITH



In order to fulfill the ecclesiastical law, which states in Article 52 of the apostolic constitution on the Roman Curia, "[The Congregation for the Doctrine of the Faith] examines delicts against faith and more grave delicts both against morals and committed in the celebration of the sacraments which have been reported to it and, if necessary, proceeds to declare or impose canonical sanctions according to the norm of common or proper law,"(1) it was necessary first to define the method of proceeding in delicts against the faith: This was accomplished through the norms titled Agendi Ratio in Doctrinarum Examine, ratified and confirmed by the supreme pontiff, Pope John Paul II, together with Articles 28-29 approved in forma specifica.(2)

At approximately the same time, the Congregation for the Doctrine of the Faith, through an ad hoc commission established, devoted itself to a diligent study of the canons on delicts both of the Code of Canon Law and the Code of Canons of the Eastern Churches in order to determine "more grave delicts both against morals and in the celebration of the sacraments" and in order to make special procedural norms "to declare or impose canonical sanctions," because the instruction Crimen Sollicitationis, issued by the supreme sacred Congregation of the Holy Office on March 16, 1962,(3) in force until now, was to be reviewed when the new canonical codes were promulgated.

Having carefully considered opinions and having made the appropriate consultations, the work of the commission finally was completed. The fathers of the Congregation for the Doctrine of the Faith examined the commission's work carefully and submitted to the supreme pontiff conclusions on the determination of more grave delicts and the manner of proceeding to declare or impose sanctions, with the exclusive competence in this of the apostolic tribunal of this congregation remaining firm. All these things, approved by the supreme pontiff himself, were confirmed and promulgated by the apostolic letter given motu proprio beginning with the words Sacramentorum sanctitatis tutela.

The more grave delicts both in the celebration of the sacraments and against morals reserved to the Congregation for the Doctrine of the Faith are:

-Delicts against the sanctity of the most august eucharistic sacrifice and the sacraments, namely:

1. Taking or retaining the consecrated species for a sacrilegious purpose or throwing them away.(4)

2. Attempting the liturgical action of the eucharistic sacrifice or simulating the same.(5)

3. Forbidden concelebration of the eucharistic sacrifice with ministers of ecclesial communities which do not have apostolic succession and do not recognize the sacramental dignity of priestly ordination.(6)

4. Consecrating for a sacrilegious purpose one matter without the other in the eucharistic celebration or even both outside a eucharistic celebration.(7)

-Delicts against the sanctity of the sacrament of penance, namely:

1. Absolution of an accomplice in sin against the Sixth Commandment of the Decalogue.(8)

2. Solicitation in the act, on the occasion or under the pretext of confession, to sin against the Sixth Commandment of the Decalogue, if it is directed to sin with the confessor himself.(9)

3. Direct violation of the sacramental seal.(10)

-A delict against morals, namely: the delict committed by a cleric against the Sixth Commandment of the Decalogue with a minor below the age of 18 years.

Only these delicts, which are indicated above with their definition, are reserved to the apostolic tribunal of the Congregation for the Doctrine of the Faith.

As often as an ordinary or hierarch has at least probable knowledge of a reserved delict, after he has carried out the preliminary investigation he is to indicate it to the Congregation for the Doctrine of the Faith, which unless it calls the case to itself because of special circumstances of things, after transmitting appropriate norms, orders the ordinary or hierarch to proceed ahead through his own tribunal. The right of appealing against a sentence of the first instance, whether on the part of the party or the party's legal representative, or on the part of the promoter of justice, solely remains valid only to the supreme tribunal of this congregation.

It must be noted that the criminal action on delicts reserved to the Congregation for the Doctrine of the Faith is extinguished by a prescription of 10 years.(11) The prescription runs according to the universal and common law;(12) however, in the delict perpetrated with a minor by a cleric, the prescription begins to run from the day when the minor has completed the 18th year of age.

In tribunals established by ordinaries or hierarchs, the functions of judge, promoter of justice, notary and legal representative can validly be performed for these cases only by priests. When the trial in the tribunal is finished in any fashion, all the acts of the case are to be transmitted ex officio as soon as possible to the Congregation for the Doctrine of the Faith.

All tribunals of the Latin church and the Eastern Catholic churches are bound to observe the canons on delicts and penalties, and also on the penal process of both codes respectively, together with the special norms which are transmitted by the Congregation for the Doctrine of the Faith for an individual case and which are to be executed entirely.

Cases of this kind are subject to the pontifical secret.

Through this letter, sent by mandate of the supreme pontiff to all the bishops of the Catholic Church, to superiors general of clerical religious institutes of pontifical right and clerical societies of apostolic life of pontifical right, and to other interested ordinaries and hierarchs, it is hoped not only that more grave delicts will be entirely avoided, but especially that ordinaries and hierarchs have solicitous pastoral care to look after the holiness of the clergy and the faithful even through necessary sanctions.

Rome, from the offices of the Congregation for the Doctrine of the Faith, May 18, 2001.

Cardinal Joseph Ratzinger
Prefect

Archbishop Tarcisio Bertone, SDB
Secretary








Here is John Paul's Apostolic Letter of April 30, 2001, to which Cardinal Ratzinger's letter
was an administrative follow-up:

This is the Vatican link for this document.

www.bishop-accountability.org/resources/resource-files/churchdocs/SacramentorumAndNormaeEng...



SACRAMENTORUM SANCTITATIS TUTELA
APOSTOLIC LETTER OF POPE JOHN PAUL II

given motu proprio, by which are promulgated Norms concerning the more grave delicts reserved to the Congregation for the Doctrine of the Faith

The Safeguarding of the Sanctity of the Sacraments, especially the Most Holy Eucharist and Penance, and the keeping of the faithful, called to communion with the Lord, in their observance of the sixth commandment of the Decalogue, demand that the Church itself, in her pastoral solicitude, intervene to avert dangers of violation, so as to provide for the salvation of souls which must always be the supreme law in the Church (Codex Iuris Canonici, can. 1752).

Indeed, Our Predecessors already provided for the sanctity of the sacraments, especially penance, through appropriate Apostolic Constitutions such as the Constitution Sacramentum Poenitentiae, of Pope Benedict XIV, issued June 1, 1741;[1] the same goal was likewise pursued by a number of canons of the Codex Iuris Canonici, promulgated in 1917 with their fontes by which canonical sanctions had been established against delicts of this kind.[2]

In more recent times, in order to avert these and connected delicts, the Supreme Sacred Congregation of the Holy Office, through the Instruction Crimen sollicitationis, addressed to all Patriarchs, Archbishops, Bishops, and other local Ordinaries even of an Oriental Rite on March 16, 1962, established a manner of proceeding in such cases, inasmuch as judicial competence had been attributed exclusively to it, which competence could be exercised either administratively or through a judicial process. It is to be kept in mind that an Instruction of this kind had the force of law since the Supreme Pontiff, according to the norm of can. 247, § 1 of the Codex Iuris Canonici promulgated in 1917, presided over the Congregation of the Holy Office, and the Instruction proceeded from his own authority, with the Cardinal at the time only performing the function of Secretary.

The Supreme Pontiff, Pope Paul VI, of happy memory, by the Apostolic Constitution on the Roman Curia, Regimini Ecclesiae Universae, issued on August 15, 1967,[3] confirmed the Congregations judicial and administrative competence in proceeding according to its amended and approved norms.

Finally, by the authority with which we are invested, in the Apostolic Constitution, Pastor Bonus, promulgated on June 28, 1988, we expressly established, [The Congregation for the Doctrine of the Faith] examines delicts against the faith and more grave delicts whether against morals or committed in the celebration of the sacraments, which have been referred to it and, whenever necessary, proceeds to declare or impose canonical sanctions according to the norm of both common and proper law,[4] thereby further confirming and determining the judicial competence of the same Congregation for the Doctrine of the Faith as an Apostolic Tribunal.

After we had approved the Agendi ratio in doctrinarum examine,[5] it was necessary to define more precisely both the more grave delicts whether against morals or committed in the celebration of the sacraments for which the competence of the Congregation for the Doctrine of the Faith remains exclusive, and also the special procedural norms for declaring or imposing canonical sanctions.

With this apostolic letter, issued motu proprio, we have completed this work and we hereby promulgate the Norms concerning the more grave delicts reserved to the Congregation for the Doctrine of the Faith, which Norms are divided in two distinct parts, of which the first contains Substantive Norms, and the second Procedural Norms . We therefore enjoin all those concerned to observe them diligently and faithfully. These Norms take effect on the very day when they are promulgated.

All things to the contrary, even those worthy of special mention, notwithstanding.

Give in Rome at St. Peters on April 30, 2001, the memorial of Pope St. Pius V, in the twenty-third year of Our Pontificate.

Pope John Paul II

AAS 93 (2001) 737-739


[Decisions of the Supreme Pontiff made on February 7 and 14, 2003, are indicated in bold type.]

Part One

SUBSTANTIVE NORMS

Art. 1

§ 1. The Congregation for the Doctrine of the Faith, according to the norm of art. 52 of the Apostolic Constitution Pastor Bonus,[6] judges more grave delicts whether against morals or committed in the celebration of the sacraments, and, whenever necessary, proceeds to declare or impose canonical sanctions according to the norm of both common and proper law, without prejudice to the competence of the Apostolic Penitentiary[7] and with Agendi ratio in doctrinarum examine[8] remaining in force.

§ 2. The Congregation for the Doctrine of the Faith judges the delicts mentioned in § 1 according to the norms which follow.

Art. 2

§ 1. The delicts against the sanctity of the Most Holy Sacrifice and Sacrament of the Eucharist, reserved to the Congregation for the Doctrine of the Faith for judgement are:

1º the taking or retaining for a sacrilegious purpose, or the throwing away of the consecrated species[9] mentioned in can. 1367 of the Code of Canon Law[10] and in can. 1442 of the Code of Canons of the Eastern Churches;[11]

2º the attempting of the liturgical offering of the Eucharistic Sacrifice mentioned in can. 1378, § 2, n. 1, of the Code of Canon Law,[12] or the simulation of the same, mentioned in can. 1379 of the Code of Canon Law[13] and in can. 1443 of the Code of Canons of the Eastern Churches;[14]

3º the concelebration of the Eucharistic Sacrifice prohibited in can. 908 of the Code of Canon Law[15] and in can. 702 of the Code of Canons of the Eastern Churches,[16] mentioned in can. 1365 of the Code of Canon Law[17] and in can. 1440 of the Code of Canons of the Eastern Churches,[18] with ministers of ecclesial communities, which do not have apostolic succession and do not acknowledge the sacramental dignity of priestly ordination.

§ 2. Also reserved to the Congregation for the Doctrine of the Faith is the delict which consists in the consecration for a sacrilegious purpose of one matter without the other in a Eucharistic celebration, or even of both outside of the Eucharistic celebration.[19] One who has perpetrated this delict is to be punished according to the gravity of the crime, not excluding dismissal or deposition.

Art. 3

The delicts against the sanctity of the sacrament of Penance reserved to the Congregation for the Doctrine of the Faith for judgement are:

1º the absolution of an accomplice in a sin against the sixth commandment of the Decalogue, mentioned in can. 1378, § 1, of the Code of Canon Law[20] and in can. 1457 of the Code of Canons of the Eastern Churches;[21]

2º the solicitation to a sin against the sixth commandment of the Decalogue in the act, on the occasion, or under the pretext of confession, mentioned in can. 1387 of the Code of Canon Law[22] and in can. 1458 of the Code of Canons of the Eastern Churches,[23] if it is directed to sinning with the confessor himself.

3º the direct and indirect violation of the sacramental seal, mentioned in can. 1388, § 1, of the Code of Canon Law[24] and in can. 1456, § 1, of the Code of Canons of the Eastern Churches.[25]

4º the recording by any technical instrument and the broadcast/transmission by means of instruments of social communication of that which is said in sacramental confession by the confessor or the penitent (Decree of the CDF of 23 September 1988; AAS 70 [1988] 1367).

Art. 4

§ 1. Reservation to the Congregation for the Doctrine of the Faith is also extended to a delict against the sixth commandment of the Decalogue committed by a cleric with a minor below the age of eighteen years.

§ 2. One who has perpetrated the delict mentioned in § 1 is to be punished according to the gravity of the offense, not excluding dismissal or deposition.

Art. 5

§ 1. Criminal action for delicts reserved to the Congregation for the Doctrine of the Faith is extinguished by prescription after ten years.[26]

§ 2. Prescription runs according to the norm of can. 1362, § 2, of the Code of Canon Law[27] and can. 1152, § 3, of the Code of Canons of the Eastern Churches.[28] However, in the delict mentioned in art. 4, § 1, prescription begins to run from the day on which the minor completes the eighteenth year of age.

Part two

PROCEDURAL NORMS

Title I

The Constitution and Competence of the Tribunal

Art. 6

§ 1. The Congregation for the Doctrine of the Faith is the Supreme Apostolic Tribunal for the Latin Church and for the Eastern Catholic Churches for the judgement of the delicts defined in the preceding articles.

§ 2. This Supreme Tribunal also judges other delicts of which a defendant is accused by the Promoter of Justice by reason of connection of person and complicity.

§ 3. The sentences of this Supreme Tribunal, rendered within the limits of its proper competence, do not need to be submitted for the approval of the Supreme Pontiff.

Art. 7

§ 1. The Members of the Congregation for the Doctrine of the Faith are by the law itself judges of this Supreme Tribunal.

§ 2. The Prefect of the Congregation presides as first among equals over the college of the Members, and if the office of Prefect is vacant or if the Prefect himself is impeded, the Secretary of the Congregation carries out those duties of the Prefect.

§ 3. It pertains to the Prefect of the Congregation to appoint [other] judges, whether permanent (stabiles) or delegated (deputatos).

Art. 8

It is necessary that such appointed judges be priests, of mature age, possessing a doctorate in canon law, outstanding in good morals, prudence and expertise in the law. Such priests may at the same time exercise a judicial or consultative function before another Dicastery of the Roman Curia.

Art. 9

To present or sustain an accusation a Promoter of Justice is to be appointed, who is to be a priest, possessing a doctorate in canon law, outstanding in good morals, prudence and expertise in the law. He is to carry out his office in all grades of judgment.

Art. 10

For the functions of Notary and Chancellor, priests are appointed, whether or not they are Officials of this Congregation.

Art. 11

The role of Advocate and Procurator is carried out by a priest, possessing a doctorate in canon law. He is to be approved by the Presiding Judge of the college.

Art. 12

Indeed, in the other Tribunals dealing with cases under these Norms, only priests can validly carry out the functions of Judge, Promoter of Justice, Notary, and Patron [Procurator and Advocate].

Faculty to dispense

The CDF may dispense from the requirement of priesthood and the requirement of a doctorate in canon law mentioned in artt. 8 (judges), 9 (Promoter of Justice, 10 (Notaries and Chancellors), 11 (Advocates and Procurators), 12 (Judges, Promoters of Justice, Notaries, Patrons in other Tribunals)

$ In the case of dispensation from the doctorate in canon law, this dispensation will only be granted to persons who hold a licentiate in canon law and who have worked in ecclesiastical tribunals for a reasonable time. [$ as on source Web site]

$ Concerning judges (artt. 8 and 12) the provisions of can. 1421 shall apply. [$ as on source Web site]

Art. 13

Whenever the Ordinary or Hierarch receives a report of a reserved delict which has at least a semblance of truth [notitiam saltem verisimilem], once the preliminary investigation has been completed, he is to communicate the matter to the Congregation for the Doctrine of the Faith which, unless it calls the case to itself due to particular circumstances, will direct the Ordinary or Hierarch [how] to proceed further, with due regard, however, for the right to appeal against a sentence of the first instance only to the Supreme Tribunal of the same Congregation.

Extraordinary Faculty to sanate acts

The faculty, in cases legitimately brought to the Congregation of the Doctrine for the Faith, to sanate acts, if procedural laws have been violated by inferior tribunals acting on the mandate of the same Congregation or under art. 13 of the Motu Proprio Sacramentorum sanctitatis tutela.


Special Procedure in case of recourse against administrative acts of the CDF concerning delicta graviora cases


In delicta graviora cases, the request for revocation of administrative acts of the CDF and all other recourse against the said acts made in accordance to art. 135 of the Regolomento Generale della Curia Romana, shall be referred to the Feria IV [of the CDF] which will decide on the merits and on questions of lawfulness. Any other recourse under art. 123 of the Apostolic Constitution Pastor Bonus is excluded.

Art. 14

If a case is referred directly to the Congregation without a preliminary investigation having been undertaken, the steps preliminary to the process, which fall by common law to the Ordinary or Hierarch, are carried out by the Congregation itself.

Art. 15

With due regard for the right of the Ordinary to impose those measures which are established in can. 1722 of the Code of Canon Law[29] or in can. 1473 of the Code of Canons of the Eastern Churches,[30] the respective Presiding Judge, may, at the request of the Promoter of Justice, exercise the same power under the same conditions determined in the canons themselves.

Art. 16

The Supreme Tribunal of the Congregation for the Doctrine of the Faith judges in second instance:

1º cases adjudicated in first instance by lower tribunals;

2º cases decided by the same Supreme Apostolic Tribunal in first instance.

Title II

The Procedure to be followed in the Judicial Trial

Art. 17

The more grave delicts reserved to the Congregation for the Doctrine of the Faith may only be tried in a judicial process.

Faculty to dispense

The faculty is granted to the CDF to dispense from art. 17 in those grave and clear cases which, according to the Particular Congress of the CDF:


a) may be referred directly to the Holy Father for an ex officio dismissal from the clerical state,

or

b) may be treated under the summary process of can. 1720 by the Ordinary who, in case he is of the opinion that the accused should be dismissed from the clerical state, will ask the CDF to impose dismissal by decree.

Art. 18

The Prefect is to constitute a Turnus of three or five judges to try the case.

Art. 19

If in the appellate stage the Promoter of Justice brings forward a specifically different accusation, this Supreme Tribunal can admit it and judge it as if at first instance.

Art. 20

§ 1. In cases concerning the delicts mentioned in art. 3, the Tribunal cannot indicate the name of the accuser to either the accused or his Patron unless the accuser has expressly consented.

§ 2. The same Tribunal must consider the particular importance of the question concerning the credibility of the accuser.

§ 3. Nevertheless, it is to be observed that any danger of violating the sacramental seal must be completely avoided.

Art. 21

If an incidental question arises, the College is to decide the matter by decree as promptly as possible [expeditissime - cf. cann. 1629, n. 5º CIC; 1310, n. 5° CCEO].

Art. 22

§ 1. With due regard for the right to appeal to this Supreme Tribunal, once an instance has finished in any manner before another Tribunal, all of the acts of the case are to be transmitted ex officio as soon as possible to the Congregation for the Doctrine of the Faith.

§ 2. The right of the Promoter of Justice of the Congregation to challenge a sentence runs from the day on which the sentence of first instance is made known to this same Promoter.

Art. 23

A res iudicata occurs:

1º if a sentence has been rendered in second instance;

2º if an appeal against a sentence has not been proposed within a month;

3º if, in the appellate stage, the instance is abated or is renounced;

4º if the sentence has been rendered in accord with the norm of art. 16.

Art. 24

§ 1. Judicial expenses are to be paid as the sentence has determined.

§ 2. If the defendant is not able to pay the expenses, they are to be paid by the Ordinary or Hierarch of the case.

Art. 25

§ 1. Cases of this nature are subject to the pontifical secret.[31]

§ 2. Whoever has violated the secret, whether deliberately (ex dolo) or through grave negligence, and has caused some harm to the accused or to the witnesses, is to be punished with an appropriate penalty by the higher Turnus at the request of the injured party or even ex officio.

Art. 26

In these cases, together with the prescripts of these Norms, by which all Tribunals of the Latin Church and Eastern Catholic Churches are bound, also the canons concerning delicts and penalties as well as the canons concerning the penal process of each Code must be applied.

This unofficial translation is based on a translation of the Motu Proprio by the USCCB and a translation of the Norms by Gregory Ingels, both revised by Joseph R. Punderson and Charles J. Scicluna. The translations of the canons of the CIC and the CCEO are from the translations published by the Canon Law Society of America in 1999 and 2001 respectively.

[The translation is reproduced here as it was posted at www.opusbonosacerdotii.org/sacramentorum_sanctitatis_tutela_englis...

[I have omitted the lengthy footnotes in this reproduction]





The third reference document, which is often erroneously cited, is the Instruction Crimen sollicitationis issued by the CDF in 1962 with the approval of Pope John XXIII.

For years, the unofficial English translation was available only from
an unlikely site -
http://www.cbsnews.com/htdocs/pdf/Criminales.pdf

An unofficial Englihs translation is now available from the Vatican resources page itself:
www.vatican.va/resources/resources_crimen-sollicitationis-1962...
I am not posting it here because it is too long, and because its major provisions regarding sexual crimes against minors have been superseded and vastly improved by the 2001 documents.


[Modificato da TERESA BENEDETTA 01/04/2010 01:47]
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