|Processes » Trials in General » Different Grades and Kinds of Tribunals » The tribunal of the second instance|
|Canon 1438.||Without prejudice to the prescript of can. 1444, §1, n. 1:
1. from the tribunal of a suffragan bishop, appeal is made to the metropolitan tribunal, without prejudice to the prescript of can. 1439;
2. in cases tried in first instance before the metropolitan, appeal is made to the tribunal which the metropolitan has designated in a stable manner with the approval of the Apostolic See;
3. for cases tried before a provincial superior, the tribunal of second instance is under the authority of the supreme moderator; for cases tried before the local abbot, the tribunal of second instance is under the authority of the abbot superior of the monastic congregation.
|Canon 1439.||§1. If a single tribunal of first instance has been established for several dioceses according to the norm of can. 1423, the conference of bishops must establish a tribunal of second instance with the approval of the Apostolic See unless the dioceses are all suffragan of the same archdiocese.
§2. With the approval of the Apostolic See, a conference of bishops can establish one or more tribunals of second instance in addition to the cases mentioned in §1.
§3. Over the tribunals of second instance mentioned in §§1-2, the conference of bishops or the bishop it designates has all the powers which a diocesan bishop has over his own tribunal.
|Canon 1440.||If competence by reason of grade according to the norm of cann. 1438 and 1439 is not observed, the incompetence of the judge is absolute.|
|Canon 1441.||The tribunal of second instance must be established in the same way as the tribunal of first instance.
Nevertheless, if a single judge rendered a sentence in the first instance of the trial according to can. 1425, §4, the tribunal of second instance is to proceed collegially.
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