Code of Canon Law: text (original) (raw)
ARTICLE 3: THE PROMOTOR OF JUSTICE, THE DEFENDER OF THE BOND AND THE NOTARY
Can.1430 A promotor of justice is to be appointed in the diocese for penal cases, and for contentious cases in which the public good may be at stake. Thepromotor is bound by office to safeguard the public good.
Can.1431 §1 In contentious cases it is for the diocesan Bishop to decide whether the public good is at stake or not, unless the law prescribes the interventionof the promotor of justice, or this is clearly necessary from the nature ofthings.
§2 If thepromotor of justice has intervened at an earlier instance of a trial, thisintervention is presumed to be necessary at a subsequent instance.
Can.1432 A defender of the bond is to be appointed in the diocese for cases whichdeal with the nullity of ordination or the nullity or dissolution of marriage. The defender of the bond is bound by office to present and expound all that canreasonably be argued against the nullity or dissolution.
Can.1433 In cases in which the presence of the promotor of justice or of thedefender of the bond is required, the acts are invalid if they were notsummoned. This does not apply if, although not summoned, they were in fact present or, having studied the acts, able to fulfil their role at least before the judgement.
Can.1434 Unless otherwise expressly provided:
1° whenever the law directs that the judge is to hear the parties or either of them, thepromotor of justice and the defender of the bond are also to be heard if they are present;
2°whenever, at the submission of a party, the judge is required to decide somematter, the submission of the promotor of justice or of the defender of thebond engaged in the trial has equal weight.
Can.1435 It is the Bishop's responsibility to appoint the promotor of justice anddefender of the bond. They are to be clerics or lay persons of good repute, with a doctorate or a licentiate in canon law, and of proven prudence and zealfor justice.
Can.1436 §1 The same person can hold the office of promotor of justice and defenderof the bond, although not in the same case.
§2 Thepromotor of justice and the defender of the bond can be appointed for allcases, or for individual cases. They can be removed by the Bishop for a just reason.
Can.1437 §1 A notary is to be present at every hearing, so much so that the actsare null unless signed by the notary.