Code of Canon Law: text (original) (raw)

TITLE VI: THE CESSATION OF PENALTIES (Cann. 1354 - 1363)

Can.1354 §1 Besides those who are enumerated in cann. 1355 - 56, all who candispense from a law which is supported by a penalty, can also remit the penaltyitself.

§2Moreover, a law or precept which establishes a penalty can also grant to others the power of remitting the penalty.

§3 If theApostolic See has reserved the remission of a penalty to itself or to others, the reservation is to be strictly interpreted.

Can.1355 §1 Provided it is not reserved to the Apostolic See, a penalty which isestablished by law and has been imposed or declared, can be remitted by thefollowing:

1° theOrdinary who initiated the judicial proceedings to impose or declare thepenalty, or who by a decree, either personally or through another, imposed ordeclared it;

2° theOrdinary of the place where the offender actually is, after consulting theOrdinary mentioned in n. 1, unless because of extraordinary circumstances this is impossible.

§2 Providedit is not reserved to the Apostolic See, a latae sententiae penalty establishedby law but not yet declared, can be remitted by the Ordinary in respect of hissubjects and of those actually in his territory or of those who committed theoffence in his territory. Moreover, any Bishop can do this, but only in thecourse of sacramental confession.

Can.1356 §1 A ferendae or a latae sententiae penalty established in a precept notissued by the Apostolic See, can be remitted by the following:

1° theOrdinary of the place where the offender actually is;

2° if thepenalty has been imposed or declared, the Ordinary who initiated the judicial proceedings to impose or declare the penalty, or who by a decree, eitherpersonally or through another, imposed or declared it.

§2 Before the remission is granted, the author of the precept is to be consulted, unless because of extraordinary circumstance this is impossible.

Can.1357 §1 Without prejudice to the provisions of cann. 508 and 976, a confessorcan in the internal sacramental forum remit a latae sententiae censure ofexcommunication or interdict which has not been declared, if it is difficultfor the penitent to remain in a state of grave sin for the time necessary for the competent Superior to provide.

§2 Ingranting the remission, the confessor is to impose upon the penitent, underpain of again incurring the censure, the obligation to have recourse within onemonth to the competent Superior or to a priest having the requisite faculty, and to abide by his instructions. In the meantime, the confessor is to imposean appropriate penance and, to the extent demanded, to require reparation of scandaland damage. The recourse, however, may be made even through the confessor, without mention of a name.

§3 The sameduty of recourse, when they have recovered, binds those who in accordance with Can. 976 have had remitted an imposed or declared censure or one reserved to the Holy See.

Can.1358 §1 The remission of a censure cannot be granted except to an offenderwhose contempt has been purged in accordance with Can. 1347 §2. However, once the contempt has been purged, the remission cannot be refused.

§2 The one who remits a censure can make provision in accordance with Can. 1348, and can also impose a penance.

Can.1359 If one is bound by a number of penalties, a remission is valid only for those penalties expressed in it. A general remission, however, removes allpenalties, except those which in the petition have been concealed in bad faith.

Can.1360 The remission of a penalty extorted by grave fear is invalid

Can.1361 §1 A remission can be granted even to a person who is not present, orconditionally.

§2 Aremission in the external forum is to be granted in writing, unless a grave reason suggests otherwise.

§3 Care is to be taken that the petition for remission or the remission itself is not madepublic, except insofar as this would either be useful for the protection of thegood name of the offender, or be necessary to repair scandal.

Can.1362 §1 A criminal action is extinguished by prescription after three years, except for:

1° offences reserved to the Congregation for the Doctrine of the Faith;

2° anaction arising from any of the offences mentioned in cann. 1394, 1395, 1397,1398, which is extinguished after five years;

3° offencesnot punished by the universal law, where a particular law has prescribed adifferent period of prescription.

§2 Prescription runs from the day the offence was committed or, if the offence wasenduring or habitual, from the day it ceased.

Can.1363 §1 An action to execute a penalty is extinguished by prescription if thejudge's decree of execution mentioned in Can. 1651 was not notified to theoffender within the periods mentioned in Can. 1362; these periods are to be reckonedfrom the day the condemnatory judgement became an adjudged matter.

§2 The sameapplies, with the necessary adjustments, if the penalty was imposed by anextra-judicial decree.