Vatican publishes revised norms
for CDF to deal with
'the most serious crimes'
against the sacraments
15 July 10 (RV)- The Congregation for the Doctrine of the Faith (CDF) made public today the new text of modifications to the
Normae de gravioribus delictis, revised by Pope Benedict XVI. The text contains changes to the substantial and procedural norms found in the original text of
Sacramentorum sanctitatis tutela [Safeguarding the sanctity of the sacraments].
In a letter introducing the new norms to bishops worldwide, Cardinal William Levada, Prefect of CDF notes that nine years after the promulgation of the Apostolic Letter Motu proprio the Vatican Dicastery “held it necessary to proceed with a reform of the above mentioned text, emending it not in its entirety, but only in certain areas, in order to render the text more useful”.
For the CDF norms in full and a historical overview of the Apostolic Letter in English, as well as a glossary of terms go to:
www.vatican.va/resources/index_en.htm
SUMMARY OF THE MODIFICATIONS
The new text of the Normae de gravioribus delictis, as revised by Pope Benedict XVI on 21 May 2010, contains modifications to both the substantial and the procedural norms found in the original text of Sacramentorum sanctitatis tutela.
The following is a summary of the changes introduced into the text:
A) The following faculties, originally granted by Pope John Paul II to the Congregation for the Doctrine of the Faith and later confirmed by his successor, Pope Benedict XVI, on 6 May 2005, have been introduced into the text:
1. The right, as mandated by the Roman Pontiff, to judge Cardinals, Patriarchs, Legates of the Apostolic See, Bishops and other physical persons found in CIC can. 1405 §3 and CCEO can. 1061 (art. 1 § 2);
2. The extension of the term of prescription of a criminal action to twenty years, maintaining the right of the Congregation for the Doctrine of the Faith to derogate from prescription on a case by case basis (art. 7);
3. The faculty to dispense from the requirement of priesthood and the requirement of a doctorate in canon law for the personnel of the Tribunal, advocates and procurators (art. 15);
4. The faculty to sanate acts in cases where only procedural laws have been violated by an inferior Tribunal, guaranteeing, always, the right to a proper defense (art. 18);
5. The faculty to dispense from a judicial trial and, therefore, to proceed per decretum extra iudicium. In these cases the Congregation for the Doctrine of the Faith, after a careful examination of the facts, decides on a case by case basis when to authorize an extra-judicial (administrative) process, at the request of the Ordinary or local Hierarch or ex officio(in any of these cases, the imposition of a perpetual, expiatory penalty requires the mandate of the Congregation for the Doctrine of the Faith) (art. 21 § 2 n. 1);
6. The faculty to present cases directly to the Holy Father for dimissio e statu clericali or depositio, una cum dispensatione a lege caelibatus; to proceed in this manner, in addition to the extreme gravity of the particular case, the commission of the delict in question must be manifest and the right to a proper defense of the accused must be guaranteed (art. 21 § 2 n. 2);
7. The faculty to make recourse to the Ordinary Session of the Congregation for the Doctrine of the Faith against administrative acts issued or approved by the same Congregation in a lower grade of judgment, in cases of reserved delicts (art. 27).
B) The following modifications have also been introduced into the text:
8. The delicta contra fidem (heresy, apostasy and schism) have been included; for these delicts, the norms indicate a particular competence for the local Ordinary to proceed ad normam iuris, either in a judicial manner or extra iudicium in the first instance, maintaining the right of appeal or recourse to the Congregation for the Doctrine of the Faith (art. 1 § 1 and art. 2);
9. Regarding the Eucharist, the two delicts of attentatio liturgicae eucharistici Sacrificii actionis (CIC can. 1378 § 2 n.1) and the simulation of the same (CIC can. 1379; CCEO can. 1443) are now considered under separate numbers (art 3 § 1 nn. 2 and 3);
10. Also concerning delicts against the Eucharist, with respect to the previous version of the text, the phrase “alterius materiae sine altera” has been replaced with the expression “unius materiae vel utriusque” and the phrase “aut etiam utriusque extra eucharisticam celebrationem” has been replaced with “aut extra eam” (art. 3 § 2);
11. Regarding the Sacrament of Penance, the crimes specified in CIC can. 1378 § 2 (attempting to impart sacramental absolution or hearing a sacramental confession, when one cannot do so validly) and CIC 1379 and CCEO can. 1443 (simulation of sacramental absolution) have been included in the text (art. 4 § 1 nn. 2 and 3);
12. Also included among the delicts are the indirect violation of the seal (art. 4 § 1 n. 5), the recording and divulgation of a sacramental confession done with malice (decree of the Congregation for the Doctrine of the Faith, 23 September 1988) (art. 4 § 2);
13. The attempted ordination of a woman has also been introduced as a delict in the new text, as established by the decree of the Congregation for the Doctrine of the Faith on 19 December 2007 (art. 5);
14. Among the delicta contra mores [cimes against morals]: a person over 18 years of age who is developmentally disabled is equated to a minor exclusively in regards to art. 6 § 1 n. 1;
15. Also added as delicts are the acquisition, possession or distribution of pornographic images of minors under the age of 14, a clerico turpe patrata, in any way and by any means (art. 6 § 1 n. 2);
16. It is clarified that the munera processui praeliminaria may be, but need not necessarily be, undertaken directly by the Congregation for the Doctrine of the Faith (art. 17);
17. The possibility of taking the cautionary measures foreseen in CIC can. 1722 and CCEO can. 1473 during the preliminary investigation is allowed (art. 19).
Given at the Congregation for the Doctrine of the Faith
William Cardinal LEVADA
Prefect
Luis F. LADARIA, S.J.
Titular Archbishop of Thibica
Secretary
Most significant changes
found in the revised Norms
by Fr. Federioo. Lombardi. S.J.
In 2001 the Holy Father John Paul II promulgated a very important document, the Motu Proprio
Sacramentorum sanctitatis tutela, which gave the Congregation for the Doctrine of the Faith responsibility to deal with and judge a series of particularly serious crimes within the ambit of canon law. This responsibility had previously been attributed also to other dicasteries, or was not completely clear.
The Motu Proprio (the "law" in the strict sense) was accompanied by a series of practical and procedural Norms, known as
Normae de gravioribus delictis. Over the nine years since then, experience has naturally suggested that these Norms be integrated and updated, so as to streamline and simplify the procedures and make them more effective, and to take account of new problems.
This has been achieved principally by the Pope attributing new "faculties" to the Congregation for the Doctrine of the Faith; faculties which, however, were not organically integrated into the initial Norms. This has now come about, within the context of a systematic revision of those Norms.
The serious crimes to which the regulations referred concerned vital aspects of Church life: the Sacraments of the Eucharist and of Penance, but also sexual abuse committed by a priest against a minor under the age of eighteen.
The vast public echo this latter kind of crime has had over recent years has attracted great attention and generated intense debate on the norms and procedures applied by the Church to judge and punish such acts.
It is right, then, that
there should be complete clarity concerning the regulations currently in force in this field, and that these regulations be presented organically so as to facilitate the work of the people who deal with these matters.
An initial clarification - especially for use by the media - was provided recently with the publication on the Holy See website of a brief "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations".
The publication of the new Norms is, however, quite a different thing, providing us with
an official and updated legal text which is valid for the whole Church.
In order to facilitate the reading of the Norms by a non-specialist public, particularly interested in the problems of sexual abuse, we will seek to highlight a number of important aspects:
Among the novelties introduced with respect to the earlier Norms, mention must be made, above all, of
measures intended to accelerate procedures, such as the possibility of not following the "judicial process" but proceeding by "extrajudicial decree", or that of presenting (in particular circumstances) the most serious cases to the Holy Father with a view to dismissing the offender from the clerical state.
Another Norm intended to simplify earlier problems and to take account of the evolution of the situation in the Church concerns
the possibility of having not only priests but also lay persons as members of the tribunal staff, or as lawyers or prosecutors.
Likewise, in order to undertake these functions it is no longer strictly necessary to have a doctorate in canon law, but the required competency can also be proved in another way; for example, with a licentiate.
Another aspect worthy of note is
the increase of the statute of limitations from ten years to twenty years, with the possibility of extension even beyond that period.
Another significant aspect is establishing
parity between the abuse of mentally disabled people and that of minors, and
the introduction of a new category: paedophile pornography. This is defined as: "the acquisition, possession or disclosure" by a member of the clergy, "in any way and by any means, of pornographic images of minors under the age of fourteen".
Regulations concerning the secrecy of trials are maintained, in order to safeguard the dignity of all the people involved.
One point that remains untouched, though it has often been the subject of discussion in recent times, concerns collaboration with the civil authorities. It must be borne in mind that the Norms being published today are part of the penal code of canon law, which is complete in itself and entirely distinct from the law of States.
On this subject, however, it is important to take note of the "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations", as published on the Holy See website.
In that Guide, the phrase "Civil law concerning reporting of crimes to the appropriate authorities should always be followed" is contained in the section dedicated to "Preliminary Procedures".
This means that in the practice suggested by the Congregation for the Doctrine of the Faith
it is necessary to comply with the requirements of law in the various countries, and to do so in good time, not during or subsequent to the canonical trial.
Today's publication of the Norms makes a great contribution to the clarity and certainty of law in this field; a field in which
the Church is today strongly committed to proceeding with rigour and transparency so as to respond fully to the just expectations of moral coherence and evangelical sanctity nourished by the faithful and by public opinion, and which the Holy Father has constantly reiterated.
Of course,
many other measures and initiatives are required from the various ecclesiastical bodies.
The Congregation for the Doctrine of the Faith is currently examining how to help the bishops of the world formulate and develop, coherently and effectively, the indications and guidelines necessary to face the problems of the sexual abuse of minors, either by members of the clergy or within the environment of activities and institutions connected with the Church, bearing in mind the situation and the problems of the societies in which they operate.
This will be another crucial step on the Church's journey as she translates into permanent practice and continuous awareness the fruits of the teachings and ideas that have matured over the course of the painful events of the "crisis" engendered by sexual abuse by members of the clergy.
In order to complete this brief overview of the principal novelties contained in the "Norms", mention must also be made of those that refer to crimes of a different nature.
In this case too it is not so much a case of introducing new substance as of integrating rules that are already in force so as to obtain a better ordered and more organic set of regulations on the "most serious crimes" reserved to the Congregation for the Doctrine of the Faith.
These include crimes against the faith (heresy, apostasy and schism) for which competency normally falls to ordinaries, although the Congregation becomes competent in the case of an appeal; the malicious recording and disclosure of sacramental Confession about which a decree of condemnation was published in 1988; and the attempted ordination of women, about which a decree was published in 2007.
Almost as important as the revised text of
De gravioribus delictis is the historical background prepared by the CDF which describes, for the first time - and hopefully, once and for all - the various official documents that have been promulgated by the Popes having to do with serious canonical crimes committed by members of the clergy. The fairly brief text can be found in English here
www.vatican.va/resources/resources_introd-storica_en.html
but for convenient reference, I have posted it in the REFERENCES thread, along with the full text of the Revised Norms. The thread also has the 2001 version of the Norms, posted much earlier. The 2001 version has been taken off the Vatican site.
[Modificato da TERESA BENEDETTA 17/07/2010 00:05]