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Sanctions in the Church » Offenses and Penalties in General » Penal Law and Penal Precept
Canon 1313. §1 If a law is changed after an offence has been committed, the law more favourable to the offender is to be applied.
§2 If a later law removes a law, or at least a penalty, the penalty immediately lapses.
§2 If a later law removes a law, or at least a penalty, the penalty immediately lapses.
Canon 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.
Canon 1315. §1 Whoever has power to issue penal laws may also reinforce a divine law with a fitting penalty.
§2 A lower legislator, taking into account can. 1317, can also:
1° reinforce with a fitting penalty a law issued by a higher authority, observing the limits of his competence in respect of territory or persons;
2° add other penalties to those laid down for a certain offence in a universal law;
3° determine or make obligatory a penalty which a universal law establishes as indeterminate or discretionary.
§3 A law can either itself determine the penalty or leave its determination to the prudent decision of a judge.
§2 A lower legislator, taking into account can. 1317, can also:
1° reinforce with a fitting penalty a law issued by a higher authority, observing the limits of his competence in respect of territory or persons;
2° add other penalties to those laid down for a certain offence in a universal law;
3° determine or make obligatory a penalty which a universal law establishes as indeterminate or discretionary.
§3 A law can either itself determine the penalty or leave its determination to the prudent decision of a judge.
Canon 1316. Diocesan Bishops are to take care that as far as possible any penal laws are uniform within the same city or region.
Canon 1317. Penalties are to be established only in so far as they are really necessary for the better maintenance of ecclesiastical discipline. Dismissal from the clerical state, however, cannot be laid down by a lower legislator.
Canon 1318. Latae sententiae penalties are not to be established, except perhaps for some outstanding and malicious offences which may be either more grave by reason of scandal or such that they cannot be effectively punished by ferendae sententiae penalties; censures, however, especially excommunication, are not to be established, except with the greatest moderation, and only for offences of special gravity.
Canon 1319. §1 To the extent to which one can impose precepts by virtue of the power of governance in the external forum in accordance with the provisions of can. 48-58, to that extent can one also by precept threaten determined penalties, with the exception of perpetual expiatory penalties.
§2 If, after the matter has been very carefully considered, a penal precept is to be imposed, what is established in cann. 1317 and 1318 is to be observed.
§2 If, after the matter has been very carefully considered, a penal precept is to be imposed, what is established in cann. 1317 and 1318 is to be observed.
Canon 1320. In all matters in which they come under the authority of the local Ordinary, religious can be constrained by him with penalties.
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