Original scientific paper
REFORM OF THE CANON PENAL LAW. RENEWAL OF THE BOOK VI OF CODE OF CANON LAW
Slavko Zec
; Theology of Rijeka, Dislocated Studies of Catholic Faculty of Theology, University of Zagreb, Rijeka, Croatia
Abstract
In this article is shown reformed canon penal law. Renewal of the penal legislation in the Catholic Church is the result of long-term and fundamental reflection on demand of many bishop conferences, of other ecclesial institutions also of many canonists. They all required the reform od penal law so that canonical penal norms are more precise and clear and organically better systematized. In this way, the threefold purpose of applying penalties can be achieved more easily and quickly: the justice sufficiently restored, the offender reformed, and the scandal repaired. Pope Francis responded to these necessities of the Church and proclaimed the renewed Book VI of the Code of Canon Law entitled “Penal Sanctions in the Church” with apostolic constitution Pascite gregem Dei of May 23, 2021. After the introduction, the Author in this work briefly outlines the path to renewal of penal law (iter rennovationis), to than highlight the three criteria of that renewal: the first criterion refers to greater precision and specificity of penalties, the second to the protection of the community and the effort to removing scandals and repairing harm, while the third criterion concerns the intention of the supreme legislator to provide Ordinaries in the Church with an effective instruments of ensuring order, peace and justice in their communities, and to prevent the commission of delicts. In the third part of the paper, the Author points out the important innovations that have been introduced in the Book Vi of the Code of Canon Law. In this sense he singles out and deals with the following topics: in the area of applying of penalties, the right to defense and moral security is emphasized; the juridical principle quot delicta tot poenae; then norms about the prescription of criminal action; and in particular then expiatory penalties (poenae expiatoriae) in the new Can. 1336 are analyzed. Finally, the Author deals with those delicts in which the renewal of penal norms is particularly visible: abuse of minors as well as abuse of authority and offences against the exercise of duties, delicts against the sixth commandment of the Decalogue and delicts against the proper administering of temporal goods of the Church.
Keywords
renewal of penal legislation; canonical penal law; delicts (offences); penal sanctions; penalties
Hrčak ID:
271126
URI
Publication date:
14.1.2022.
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