Bogoslovska smotra, Vol. 83 No. 2, 2013.
Izvorni znanstveni članak
An Apostate From the Faith (Can. 1364)
Josip Šalković
orcid.org/0009-0004-6208-8121
; Katolički bogoslovni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The object of this article is a commentary on the delict of apostasy from the faith (can. 1364). In order to commit a delict in canonical-legal sense, three constitutive elements need to be present: objective (external violation of a law or a precept), subjective (great moral responsibility), and legal (attached canonical disciplinary measure). The objective element of the delict of apostasy from the faith is a complete rejection of the Christian faith (can. 751), which one received at Baptism or by accepting the full communion with the Catholic Church. Regularly, the delict of apostasy from the faith includes a rejection of the central mysteries of the faith: the Holy Trinity, the Incarnation of the Son of God, the Death and Resurrection of Jesus Christ, which all constitute the foundation of the Christian Faith. Subjective element of the delict of apostasy from the faith consists in a personal, conscious, free, and deliberate act of a Catholic believer. It is essential that a delict contains an external declaration, full responsibility (can. 1321 § 1), and completeness (can. 1330). In evaluating a formal act of apostasy from the Catholic Church, three conditions need to be met: 1) internal act of the will; 2) external act of its declaration - legal act; 3) an act of acceptance from the competent ecclesial authority. For a person who committed the delict of apostasy from the faith, the lawgiver prescribes a penalty of a latae sententiae excommunication (legal element), while a cleric can be further punished with the penalties mentioned in can. 1336, § 1, n. 1-3. Beside the penal-legal aspect, the author discusses in this article the legal-pastoral guidelines which should be implemented if an apostate from the faith tries to enter a marriage or if he/she requests to be accepted again in the full communion with the Catholic Church.
Ključne riječi
penalties in the Church; apostasy from the faith; apostate from the faith; formal act of apostasy; incomplete communion; re-acceptance in the full communion
Hrčak ID:
105294
URI
Datum izdavanja:
8.7.2013.
Posjeta: 3.724 *