§1. A religious must be held as dismissed ipso facto from an institute who:
1) has defected notoriously from the Catholic faith;
2) has contracted marriage or attempted it, even only civilly;
3) has been illegitimately absent from the religious house, pursuant to can. 665
§2, for 12 consecutive months, taking into account that the location of the religious himself or herself may be unknown.
§2. In such cases the Major Superior, with his or her Council and without hesitation, having gathered the evidence, must issue the statement of the case so that the dismissal may be juridically constituted.
§3. In the case envisaged by §1 n. 3, in order to be juridically constituted, this statement must be confirmed by the Holy See; for institutes of diocesan right the confirmation rests with the Bishop of the principal See.
§1. A member must be dismissed for the delicts mentioned in cann. 1397, 1398, and 1395
, unless in the delicts mentioned in can. 1395,
§2, the superior decides that dismissal is not completely necessary and that correction of the member, restitution of justice, and reparation of scandal can be resolved sufficiently in another way.
§2. In these cases, after the proofs regarding the facts and imputability have been collected, the major superior is to make known the accusation and proofs to the member to be dismissed, giving the member the opportunity for self-defense. All the acts, signed by the major superior and a notary, together with the responses of the member, put in writing and signed by that member, are to be transmitted to the supreme moderator.
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