» The Penal Process
» The development of the process
If the ordinary thinks that the matter must proceed by way of extrajudicial decree:
1. he is to inform the accused of the accusation and the proofs, giving an opportunity for self-defense, unless the accused neglected to appear after being properly summoned;
2. he is to weigh carefully all the proofs and arguments with two assessors;
3. if the delict is certainly established and a criminal action is not extinguished, he is to issue a decree according to the norm of can. 1342-1350,
setting forth the reasons in law and in fact at least briefly.
§1. If the ordinary has decreed that a judicial penal process must be initiated, he is to hand over the acts of the investigation to the promoter of justice who is to present a libellus of accusation to the judge according to the norm of cann. 1502 and 1504
§2. The promoter of justice appointed to the higher tribunal acts as the petitioner before that tribunal.
To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the ordinary, after having heard the promoter of justice and cited the accused, at any stage of the process can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or even can prohibit public participation in the Most Holy Eucharist. Once the cause ceases, all these measures must be revoked; they also end by the law itself when the penal process ceases.
§1. The judge who cites the accused must invite the accused to appoint an advocate according to the norm of can. 1481,
§1 within the time limit set by the judge.
§2. If the accused does not make provision, the judge is to appoint an advocate before the joinder of the issue; this advocate will remain in this function as long as the accused does not appoint an advocate personally.
§1. At any grade of the trial the promoter of justice can renounce the trial at the command of or with the consent of the ordinary whose deliberation initiated the process.
§2. For validity the accused must accept the renunciation unless the accused was declared absent from the trial.
In the discussion of the case, whether done in written or oral form, the accused, either personally or through the advocate or procurator, always has the right to write or speak last.
If at any grade and stage of the penal trial it is evidently established that the accused did not commit the delict, the judge must declare this in a sentence and absolve the accused even if it is also established that criminal action has been extinguished.
§1. The accused can propose an appeal even if the sentence dismissed the accused only because the penalty was facultative or because the judge used the power mentioned in cann. 1344 and 1345
§2. The promoter of justice can appeal whenever the promoter judges that the repair of scandal or the restoration of justice has not been provided for sufficiently.
§1. Without prejudice to the prescripts of the canons of this title and unless the nature of the matter precludes it, the canons on trials in general and on the ordinary contentious trial must be applied in a penal trial; the special norms for cases which pertain to the public good are also to be observed.
§2. The accused is not bound to confess the delict nor can an oath be administered to the accused.
Page generated in 0.0016 seconds.