Original scientific paper
https://doi.org/10.31141/zrpfs.2020.57.137.759
Some issues of cooperation between the state and the Catholic Church in the field of criminal law
Marija Pleić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Ivan Vukušić
; Pravni fakultet Sveučilišta u Splitu, Split, Hrvatska
Abstract
The subject of this paper is an analysis of the relationship between the state and the Church in the field of criminal law. After presenting the basic principles of state-church relations, the authors look more closely at the issue of state-church cooperation in criminal proceedings in relation to the obligation to report crimes, the obligation to inform church authorities about conducting investigation against clerics, and the specific position of a religious confessor in criminal proceedings as a witness. The fourth chapter examines the boundaries of cooperation between the state and the Church in the context of the Criminal Code, ie the criminal offenses of not reporting a committed crime and helping the perpetrator after the crime has been committed. It also analyzes the scope of the principle of inviolability of seal of confession in the context of criminal law, in particular, the relation to the criminal offense of unauthorized disclosure of professional secrecy. The authors conclude on the necessity of effective cooperation between the state and the Church, timely reporting of crimes, and the obligation of absolute respect for the principle of inviolability of seal of confession.
Keywords
crime report; criminal procedure; canonical procedure; investigation; seal of confession
Hrčak ID:
242474
URI
Publication date:
12.8.2020.
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