Delicta GravioraDelicta Graviora

Ius ProcessualeIus ProcessualeA Presentation byA Presentation by

Msgr Charles J. SciclunaMsgr Charles J. SciclunaPromoter of JusticePromoter of Justice

Congregation for the Doctrine of the Congregation for the Doctrine of the FaithFaith

A Short CommentaryA Short Commentary

on the on the Motu ProprioMotu Proprio Sacramentorum sanctitatis tutela Sacramentorum sanctitatis tutela

(30 April 2001)(30 April 2001)

and the Praxis of the Congregation and the Praxis of the Congregation for the Doctrine of the Faithfor the Doctrine of the Faith

II

GuidingGuiding

PrinciplesPrinciples

Guiding PrinciplesGuiding Principles

The body of canonical norms The body of canonical norms that [the CDF] is called to that [the CDF] is called to apply with apply with justicejustice and and equityequity strives to guarantee both the strives to guarantee both the exercise of the right of exercise of the right of defence of the accuseddefence of the accused and and the demands of the common the demands of the common goodgood..

John Paul II, Address to the Plenary of John Paul II, Address to the Plenary of the CDF, 6 February 2004the CDF, 6 February 2004

Guiding PrinciplesGuiding Principles Once the offence has been Once the offence has been

proven, it is necessary in each proven, it is necessary in each case to assess carefully both case to assess carefully both the just principle of the just principle of proportionality between proportionality between fault and punishmentfault and punishment, as , as well as well as the predominant the predominant need to protect the entire need to protect the entire People of GodPeople of God..

John Paul II,John Paul II,Address to the Plenary of the CDF,Address to the Plenary of the CDF,

6 February 20046 February 2004

Guiding Guiding PrinciplesPrinciples

[The protection of the People of [The protection of the People of God] does not only depend on the God] does not only depend on the application of canonical penal law. application of canonical penal law. Its best guarantee is Its best guarantee is the correct the correct and balanced formation of and balanced formation of future priestsfuture priests who are explicitly who are explicitly called to embrace with joy and called to embrace with joy and generosity that humble, modest generosity that humble, modest and chaste lifestyle that is the and chaste lifestyle that is the practical basis of ecclesiastical practical basis of ecclesiastical celibacy.celibacy.

John Paul II,John Paul II,

Address to the Plenary of the CDF,Address to the Plenary of the CDF,

6 February 20046 February 2004

Ratio legumRatio legum

Canonical procedures are designed to Canonical procedures are designed to protect the innocent and at the same protect the innocent and at the same time to mete out just punishment to the time to mete out just punishment to the guilty. guilty.

This end is pursued by: This end is pursued by: – ascertaining the true facts of the case, ascertaining the true facts of the case, – guaranteeing the right of self-defence, guaranteeing the right of self-defence, – presuming the innocence of the presuming the innocence of the

accused until he is proven guilty (or accused until he is proven guilty (or confesses to the crime).confesses to the crime).

IIIIThe The Notitia CriminisNotitia Criminis

and the ensuing and the ensuing Preliminary Preliminary InvestigationInvestigation

A. The A. The Notitia CriminisNotitia Criminis

denunciation by the victim: credibility denunciation by the victim: credibility of the person; motivesof the person; motives

denunciation by third parties: denunciation by third parties: reliability; motives for reportreliability; motives for report

media reportsmedia reports referral by the statutory authoritiesreferral by the statutory authorities admission of the cleric: admission of the cleric: forum forum

internum non-sacramentaleinternum non-sacramentale; ; forum forum externumexternum

B. The Preliminary B. The Preliminary InvestigationInvestigation

The focused referral of the matter The focused referral of the matter reported: alleged perpetrator; reported: alleged perpetrator; alleged victim; time; place; acts or alleged victim; time; place; acts or actionsactions

The credibility of the allegations in The credibility of the allegations in themselvesthemselves

The credibility or reliability of the The credibility or reliability of the sourcesource

Notoriety/Publicity of the accusationsNotoriety/Publicity of the accusations

The Preliminary Investigation:The Preliminary Investigation:Ways and MeansWays and Means

respectful of both canon and civil law;respectful of both canon and civil law; professional and not amateur;professional and not amateur; mindful of the demands of the common good;mindful of the demands of the common good; not forgetful of the rights and dignity of both not forgetful of the rights and dignity of both

the Alleged Perpetrator and the Alleged Victim;the Alleged Perpetrator and the Alleged Victim; undertaken by any person delegated ad hoc by undertaken by any person delegated ad hoc by

the Ordinary;the Ordinary; put on record in writingput on record in writing initiated and closed by decree of the Ordinaryinitiated and closed by decree of the Ordinary

C. Follow-up to the C. Follow-up to the investigationinvestigation

The decision as to what should be The decision as to what should be done by way of follow-up is to be taken done by way of follow-up is to be taken by the Bishop, after having prudently by the Bishop, after having prudently consulted the Promoter of Justice and consulted the Promoter of Justice and the Local Review Boardthe Local Review Board

Allegations which are clearly Allegations which are clearly unfounded or unreliable should be unfounded or unreliable should be dismissed as suchdismissed as such

Other Allegations should be examined Other Allegations should be examined carefullycarefully

D. Referral toD. Referral toLocal Review BoardsLocal Review Boards

Full compliance with diocesan Full compliance with diocesan policiespolicies

Transparency of proceedingsTransparency of proceedings ConfidentialityConfidentiality Role of Alleged VictimRole of Alleged Victim Role of Alleged PerpetratorRole of Alleged Perpetrator Role of LawyersRole of Lawyers

E. Referral toE. Referral toStatutory AuthoritiesStatutory Authorities

Local civil laws should be respectedLocal civil laws should be respected

Court orders should be followedCourt orders should be followed

Local Ecclesiastical Authorities should Local Ecclesiastical Authorities should always bear in mind that concessions always bear in mind that concessions praeter legempraeter legem to civil authorities to civil authorities concerning access to confidential or secret concerning access to confidential or secret archives create a presumption of waiver of archives create a presumption of waiver of privilege and could harm the legitimate privilege and could harm the legitimate right to Church libertyright to Church liberty

F. Referral forF. Referral forPsychological Evaluation Psychological Evaluation

Such referral should meet the demands Such referral should meet the demands of moral theology, human dignity, the of moral theology, human dignity, the common goodcommon good

It is not necessary in every GD case and It is not necessary in every GD case and should not be used for undue pressureshould not be used for undue pressure

The accused may reject such referral but The accused may reject such referral but will also have to face the consequences will also have to face the consequences of his decision to refuse it: of his decision to refuse it: stante dubio stante dubio de idoneitate ministerium impediendum de idoneitate ministerium impediendum estest

G. “Adminstrative Leave”G. “Adminstrative Leave”

The ministry of the Accused The ministry of the Accused cleric should cleric should pro bono Ecclesiaepro bono Ecclesiae be immediately limited if there is be immediately limited if there is an indication that it may an indication that it may constitute a risk for minors or a constitute a risk for minors or a scandal to the faithful. scandal to the faithful.

H. Dealing with the H. Dealing with the Alleged VictimAlleged Victim

The dignity and right to privacy of the The dignity and right to privacy of the alleged victim should be safeguardedalleged victim should be safeguarded

Therapy offered to the alleged victim Therapy offered to the alleged victim should be reasonable and effectiveshould be reasonable and effective

Extra-judicial settlement of allegations Extra-judicial settlement of allegations should not be construed as hush-moneyshould not be construed as hush-money

IIIIII

ReferralReferral

of the caseof the case

to the CDFto the CDF

The duty to refer: The duty to refer: SSTSST Art 13 Art 13

Quoties Ordinarius vel Hierarcha notitiam saltem Quoties Ordinarius vel Hierarcha notitiam saltem verisimilem habeat [cfr can. 1717 CIC] de delicto verisimilem habeat [cfr can. 1717 CIC] de delicto reservato,reservato,

investigatione prævia peracta,investigatione prævia peracta, eam significet Congregationi pro Doctrina Fideieam significet Congregationi pro Doctrina Fidei quæ [… *] Ordinarium vel Hierarcham ad ulteriora quæ [… *] Ordinarium vel Hierarcham ad ulteriora

procedere iubet,procedere iubet,– [*] nisi ob peculiaria rerum adiuncta causam sibi [*] nisi ob peculiaria rerum adiuncta causam sibi

advocet, advocet, – firmo tamen iure appellandi contra sententiam primi firmo tamen iure appellandi contra sententiam primi

gradus tantummodo ad Supremum Tribunal eiusdem gradus tantummodo ad Supremum Tribunal eiusdem Congregationis.Congregationis.

The duty to refer:The duty to refer: SST SST Art. 13 Whenever the Ordinary or Hierarch receives

a report of a reserved delict which has at least a semblance of truth [notitiam saltem verisimilem],

once the preliminary investigation has been completed,

he is to communicate the matter to the Congregation for the Doctrine of the Faith

Which […*] will direct the Ordinary or Hierarch [how] to proceed further,– [*] unless it calls the case to itself due to

particular circumstances,– with due regard, however, for the right to appeal

against a sentence of the first instance only to the Supreme Tribunal of the same Congregation.

WHICH CASESMUSTMUST be referred to the CDF? be referred to the CDF?

All cases involving All cases involving graviora delictagraviora delicta Reported or committed after 30 April 2001Reported or committed after 30 April 2001 Where the allegation is not manifestly Where the allegation is not manifestly

falsefalse Where the accused is still aliveWhere the accused is still alive Irrespective of statute of limitationsIrrespective of statute of limitations

““HISTORICAL CASES”HISTORICAL CASES”GD cases reported before GD cases reported before

30.04.200130.04.2001

WHAT ABOUT REFERRAL TO CDF?WHAT ABOUT REFERRAL TO CDF? Where case has already been tackled: NO NEED Where case has already been tackled: NO NEED Where no action was taken: MAYWhere no action was taken: MAY Where action is now contemplated: MUSTWhere action is now contemplated: MUST

[[CAVEATCAVEAT: Appeals and Recourses concerning : Appeals and Recourses concerning GD historical cases MUST be referred to the CDF]GD historical cases MUST be referred to the CDF]

WHAT TO SEND TO THE CDFWHAT TO SEND TO THE CDF

Standard Information:Standard Information:

- Personal Data and CV of the - Personal Data and CV of the AccusedAccused

- Details of Allegations- Details of Allegations

- Details of Civil Proceedings - Details of Civil Proceedings (Criminal; Civil Liability) (Criminal; Civil Liability)

WHAT TO SEND TO THE CDFWHAT TO SEND TO THE CDF

Ancillary Information:- Expert Advice (Risk Assessment; - Expert Advice (Risk Assessment;

Psychological Evaluations) Psychological Evaluations)

- Notoreity of Accusations and - Notoreity of Accusations and impact on the faithfulimpact on the faithful

- Details of present canonical status - Details of present canonical status of accused including sustenanceof accused including sustenance

WHAT TO SEND TO THE CDFWHAT TO SEND TO THE CDF

Elements Necessary for Evaluationof the Case:

- Response of the Accused (if available) -Votum of the Ordinary concerning procedure & expediency of any future ministry.

WHAT TO SEND TO THE CDFWHAT TO SEND TO THE CDF

TheThe Tabella: Tabella:Summary of Case following Summary of Case following standard tabulate provided by standard tabulate provided by

the CDFthe CDF

[ … ]

The The TabellaTabella

Available from the CDFAvailable from the CDF Should be filled in all casesShould be filled in all cases Indicates essential informationIndicates essential information Should be corroborated by Should be corroborated by

documentsdocuments Should be sent to the CDF with all Should be sent to the CDF with all

the material available the material available

NotandaNotandare: Referral of Cases to the CDFre: Referral of Cases to the CDF

The CDF will appreciate The CDF will appreciate as much information as much information as possibleas possible on the preliminary investigation on the preliminary investigation and the findings of the diocesan review and the findings of the diocesan review boards or equivalent consultative organs.boards or equivalent consultative organs.

TheThevotum votum of the Ordinaryof the Ordinary concerning the concerning the merits of the casemerits of the case and and the procedures and the procedures and measures to be adopted measures to be adopted is of the utmost is of the utmost importanceimportance

The Accused and his Canonical Advocate are The Accused and his Canonical Advocate are encouraged to make representations to the encouraged to make representations to the CDF at an early stageCDF at an early stage

The discretion exercised by the CDFThe discretion exercised by the CDF

[Described in CIC 1718[Described in CIC 1718 §1;1;previously pertained to the Ordinary]previously pertained to the Ordinary]

Whether one can proceed with a penal processWhether one can proceed with a penal process Whether it is expedient Whether it is expedient can. 1341 can. 1341 Whether the case should be resolved through Whether the case should be resolved through

process (judicial or extra-judicial) or through some process (judicial or extra-judicial) or through some other meansother means

Whether the CDF will mandate the local instances Whether the CDF will mandate the local instances or take on the case directlyor take on the case directly

Who takes the decision?Who takes the decision?Is it subject to review?Is it subject to review?

The decision is taken in Congressu Particulari [CP] which is composed of the Cardinal Prefect, the Archbishop Secretary, the Under-Secretary, the Promoter of Justice. The decision is ultimately the responsibility of the chair (the Prefect or the Secretary)

The CDF considers requests for revocation or amendment of such decisions

Although rarely used, the CDF also has the authority preemptively to consider the question of damages ( cfr can. 1718, § 4)

Options of the CDFOptions of the CDF

Request for direct intervention of the Request for direct intervention of the Holy FatherHoly Father

Authorisation of a Penal ProcessAuthorisation of a Penal Process

Declaration, Authorisation or Declaration, Authorisation or Confirmation of Disciplinary Non-Penal Confirmation of Disciplinary Non-Penal MeasuresMeasures

IVIVDirect Direct

intervention of intervention of the Supreme the Supreme

PontiffPontiff

Dimissio ex officioDimissio ex officio

Dispensatio ab oneribusDispensatio ab oneribus

Dimissio ex officioDimissio ex officio Very grave cases, especially Very grave cases, especially

where custodial sentences have been where custodial sentences have been inflicted by the civil authorities, will be inflicted by the civil authorities, will be considered by the CDF for considered by the CDF for direct direct referral to the Holy Fatherreferral to the Holy Father..

The priest concerned should first The priest concerned should first be asked whether he wants to be asked whether he wants to ask for ask for laicizationlaicization and he should be accorded and he should be accorded an opportunity to an opportunity to express himselfexpress himself on on the matter.the matter.

The CDF asks for a The CDF asks for a dispensation dispensation from clerical celibacyfrom clerical celibacy in each case. in each case.

Once the Holy Father decrees Once the Holy Father decrees dismissal from the clerical state dismissal from the clerical state and the Diocese is notified of the and the Diocese is notified of the decree, the local Ordinary should decree, the local Ordinary should ensure that the dismissed cleric is ensure that the dismissed cleric is not left without some sort of not left without some sort of financial support (can. 1350, §2).financial support (can. 1350, §2).

There is no recourse or appeal There is no recourse or appeal against the decision of the Holy against the decision of the Holy Father.Father.

In cases of sexual abuse of minors, In cases of sexual abuse of minors, the Ordinary is authorised to publish the Ordinary is authorised to publish and explain the reasons of the and explain the reasons of the dismissal if the common good dismissal if the common good (including the safety of minors) (including the safety of minors) requires such action.requires such action.

Dispensatio ab oneribusDispensatio ab oneribus

The CDF considers and processes The CDF considers and processes requests by clerics (who admit requests by clerics (who admit having committed one of the having committed one of the delicta gravioradelicta graviora) to be dispensed ) to be dispensed from the obligations of the clerical from the obligations of the clerical state including celibacy.state including celibacy.

VV

PenalPenal

ProcessesProcesses

TypesTypes

Judicial penal processJudicial penal process

Administrative / Extra-Administrative / Extra-judicial penal processjudicial penal process

Decision for a Judicial ProcessDecision for a Judicial Process(SST art. 13)(SST art. 13)

in the diocesein the diocese

coram Congregatione: advocatiocoram Congregatione: advocatio

CondicioCondicio: : appellatio semper ad CDFappellatio semper ad CDF: SST art. 14: SST art. 14

Judicial Penal Procedures

These judicial procedures have to be These judicial procedures have to be authorised by the CDF.authorised by the CDF.

First Instance TribunalsFirst Instance Tribunals: Diocesan : Diocesan bishops are invited to constitute their bishops are invited to constitute their own first instance tribunals for own first instance tribunals for graviora delictagraviora delicta cases. cases.

Any requests for dispensations Any requests for dispensations concerning personnel should be concerning personnel should be referred to the CDF.referred to the CDF.

Second Instance CDF TribunalsSecond Instance CDF Tribunals::Second Instance has been reserved Second Instance has been reserved exclusively to the CDF.exclusively to the CDF.

The CDF is however open to the possibility The CDF is however open to the possibility of nominating local canon lawyers as ad of nominating local canon lawyers as ad hoc judges of its Supreme Tribunal. The hoc judges of its Supreme Tribunal. The CDF will invite the local bishops to suggest CDF will invite the local bishops to suggest names of canon lawyers of good repute names of canon lawyers of good repute who would be CDF judges and promoters who would be CDF judges and promoters of justice nominated by the CDF.of justice nominated by the CDF.

Administrative Penal ProceduresAdministrative Penal Procedures

On 7 February 2003 the Holy Father John Paul II On 7 February 2003 the Holy Father John Paul II authorised a derogation of the MP authorised a derogation of the MP SST SST art.7, art.7, permitting Administrative Penal Procedures for permitting Administrative Penal Procedures for cases involving cases involving graviora delictagraviora delicta. .

The use of this administrative procedure has to be The use of this administrative procedure has to be authorised by the CDF. authorised by the CDF.

It involves the application of can. 1720 that should It involves the application of can. 1720 that should be followed closely.be followed closely.

Canon 1720Canon 1720

If the Ordinary believes that the matter should If the Ordinary believes that the matter should proceed by way of an extra-judicial decree: proceed by way of an extra-judicial decree:

11 He is to notify the accused of the allegation and the He is to notify the accused of the allegation and the proofs, and give an opportunity for defence, unless the proofs, and give an opportunity for defence, unless the accused, having been lawfully summoned, has failed to accused, having been lawfully summoned, has failed to appear;appear;

22 Together with two assessors he is accurately to weigh all Together with two assessors he is accurately to weigh all the proofs and arguments; the proofs and arguments;

33 If the offence is certainly proven and a time for criminal If the offence is certainly proven and a time for criminal proceedings has not elapsed, he is to issue a decree in proceedings has not elapsed, he is to issue a decree in accordance with cann. 1342-1350, stating at least in accordance with cann. 1342-1350, stating at least in summary form the reasons in law and in fact.summary form the reasons in law and in fact.

CDF Praxis concerning can. CDF Praxis concerning can. 17201720

It should be clear that the Ordinary may freely It should be clear that the Ordinary may freely decree a penalty short of dismissal from the decree a penalty short of dismissal from the clerical state. clerical state.

If he deems it expedient and appropriate that If he deems it expedient and appropriate that dismissal be decreed, he should refer the matter dismissal be decreed, he should refer the matter to the CDF and transmit all the acts of the case. to the CDF and transmit all the acts of the case.

The Prefect on behalf of the CDF will then decide The Prefect on behalf of the CDF will then decide whether or not to decree dismissal. whether or not to decree dismissal.

Recourse to the Ordinary Session of the CDF Recourse to the Ordinary Session of the CDF ((FeriaFeria IV) is possible against the decision of the IV) is possible against the decision of the Prefect. Prefect.

Administrative penal procedureAdministrative penal procedure(can. 1720)(can. 1720)

If the Ordinary believes that the matter should proceed If the Ordinary believes that the matter should proceed by way of an extra-judicial decree: by way of an extra-judicial decree:

11 He is to notify the accused of the allegation and the He is to notify the accused of the allegation and the proofs, and give an opportunity for defence, unless proofs, and give an opportunity for defence, unless the accused, having been lawfully summoned, has the accused, having been lawfully summoned, has failed to appear;failed to appear;

22 Together with two assessors he is accurately to Together with two assessors he is accurately to weigh all the proofs and arguments; weigh all the proofs and arguments;

33 If the offence is certainly proven and a time for If the offence is certainly proven and a time for criminal proceedings has not elapsed, he is to issue criminal proceedings has not elapsed, he is to issue a decree in accordance with cann. 1342-1350, a decree in accordance with cann. 1342-1350, stating at least in summary form the reasons in law stating at least in summary form the reasons in law and in fact.and in fact.

VIVI

Administrative Administrative MeasuresMeasures

Disciplinary MeasuresDisciplinary Measures

– Usually involve a limitation of ministryUsually involve a limitation of ministry– May involve removal from direct May involve removal from direct

pastoral ministry (which is pastoral ministry (which is notnot dismissal from the clerical state)dismissal from the clerical state)

– Mainly decreed Mainly decreed intuitu boni communiintuitu boni communi– The sustenance of the cleric has to be The sustenance of the cleric has to be

guaranteed guaranteed

Examples of Administrative Examples of Administrative MeasuresMeasures

Removal from Parish (cann. 1740 – 1747)Removal from Parish (cann. 1740 – 1747) Removal from any other ecclesiastical office Removal from any other ecclesiastical office

(cann. 192 – 195)(cann. 192 – 195) Withdrawal of faculty to preach (can. 764); to Withdrawal of faculty to preach (can. 764); to

hear confessions (can. 974); administer the hear confessions (can. 974); administer the sacraments and sacramentals (can. 835)sacraments and sacramentals (can. 835)

Declaration of impediment from exercising Holy Declaration of impediment from exercising Holy Orders (can. 1044, § 2, 2°)Orders (can. 1044, § 2, 2°)

Any decision which affects the exercise of a Any decision which affects the exercise of a person’s rights and duties (can. 223 § 2)person’s rights and duties (can. 223 § 2)

Remedies against Disciplinary MeasuresRemedies against Disciplinary Measures

A person subject to administrative A person subject to administrative measures has the right to measures has the right to hierarchical recoursehierarchical recourse to the CDF to the CDF to contest the measures taken to contest the measures taken against him by the local Ordinary.against him by the local Ordinary.

There is a right to There is a right to further recoursefurther recourse to the to the Feria Quarta Feria Quarta to contest the to contest the measures taken by the Prefect of the measures taken by the Prefect of the CDF CDF in congressu particulariin congressu particulari..

Recourses before the CDFRecourses before the CDF

Request for Revocation or Amendment;

Hierarchical Recourse to the CDF

Recourse to the Feria IV of the CDF

A Brief Check-list for appraising a particular administrative act

canonical jurisdiction and executive power of the author validity of the act according to the general norms validity of the act according to any special norms is the act lawful or licit according to both the general and the

specific norms applicable to it; has the law been followed as to the merit of the decision (in

decernendo); has the law been followed as to the procedure applicable to the

case (in procedendo)? is the act prudent and expedient?; does it promote the common good?; does the act respect the principles of natural justice? does the act respect Church doctrine concerning liturgy, dogmatic

and moral theology?

Request for Revocation or Amendment

Can. 1734 :

§ 1 Quid sit

§ 2 peremptory time-limit (10 canonical days)

This stage is not optional. Exception: can. 1734, § 3, n. 3N

Has to be made in writing and include reasons for request

Request for suspension of the act implied ex can. 1734, § 1

What are the options available to the Bishopin the case of a request for revocation or amendment of his

decision?

Can. 1735: (answer within 30 days of the receipt of the request for revocation).

The Bishop may: revoke his decision (cf. cann. 47 and 58). substitute his decision with a new one decide to confirm his decision and therefore reject the request for revocation or

amendment decide not to respond to the request for revocation, (hierarchical recourse

possible ex silentio)

The question of suspension: to be settled within ten days of the receipt of the request for

revocation (can. 1736, § 2).

Hierarchical Recourse to the Holy See

Having received an answer which still aggrieves himor

having received no answer within thirty days of the Bishop’s receipt of the request for revocation,

the petitioner or recurrent has the right to make hierarchical recourse (can. 1737, § 1).

The competent hierarchical superior in cases of graviora delicta: the Congregation of the Doctrine of the Faith

Time-limit: peremptory; fifteen canonical days of the notification of the new decree or response of the Bishop (can. 1737, § 2).

Presentation of arguments; a copy of all the necessary documentation; the question of damages

The Dicastery subjects the recourse to a preliminary check-list:

Does the subject-matter fall under the competence of the Dicastery?;

Does the recurrent or petitioner have legal-standing?; Has the request for revocation or amendment been

previously made to the Bishop?; Have the time-limits for the request for revocation and

for hierarchical recourse been respected? Failure on one of these preliminary tests = rejection in

limine by the Dicastery.

The Procedure at the CDF(Regolamento Generale della Curia Romana, art. 136, § 1; cann. 1732-

1739; 50 - 51)

CDF asks for the comments of the Bishop on the merits of the recourse (can. 50).

CDF may also ask the petitioner for further details or documents. Can. 1738 (the right for legal representation) CDF may suspend the administrative act of the Bishop (can.

1737, § 3) The Dicastery considers an equitable resolution of the contention

(can. 1733, § 3) Possible extension of the three-month period for answering ex

can. 57, § 1 (RGCR, art. 136, § 2)

The Procedure at the CDF(Regolamento Generale della Curia Romana, art. 136, § 1; cann. 1732-

1739; 50 - 51)

Decisions are taken by the Superiors of the CDF: the Cardinal Prefect or the Archbishop Secretary during the Congresso Particolare or Feria VI [Feria Sexta].

The CDF as hierarchical Superior therefore has the authority

* to substitute the discretion of the Bishop with its own;

* to declare the administrative act null and void;

* to annul or rescind the act;

* to change or modify the act of the Bishop.

Recourse to the Feria IV of the CDF

Regolamento Generale della Curia Romana, art. 135 two types of recourse against administrative acts issued by a Roman

Dicastry:

- Art. 135, § 1: request for revocation

- Art. 135, § 2: recourse to the Apostolic Signatura re: alleged violations of the law in decernendo or in procedendo according to art. 123 of Pastor bonus.

Decision of the Pope ex audientia diei 14 Februarii a. 2003: in the case of decisions of the CDF concerning graviora delicta these two recourses should be only directed to and exclusively decided by the Feria IV of the CDF

Elements of the Procedure before the Feria IV / 1

Preliminary questions are addressed in limine

The Secretary asks the recurrent party to present documents and arguments for the recourse.

The parties are free to nominate advocates and procurators and they are both given the chance to present their respective arguments

Elements of the Procedure before the Feria IV / 2

The Disciplinary Office prepares a Relazione d’Ufficio which ends with a Dubium to be presented to the Feria IV for decision.

All the acts of the case are handed over to the Promoter of Justice for his votum.

Copies of the main documents, recourses, briefs, Relazione, and votum Promotoris Iustitiae are distributed to the members of the Congregation in preparation for their meeting or Feria IV.

Elements of the Procedurebefore the Feria IV / 3

The Feria IV will consider the recourse as to its merits as well as to the alleged violations of the law.

The Feria IV enjoys the same wide spectrum of possibilities concerning its decision which can. 1739 gives to the hierarchical Superior with respect to hierarchical recourse

The decision of the Ordinary Congregation (Feria IV) is not subject to any recourse and is therefore definitive.

It is communicated to the parties concerned.

The CDF itself oversees the execution of the decisions taken by the Feria IV.

DIXIDIXI