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

CHAPTER II: THE TRIBUNAL OF SECOND INSTANCE

Can.1438 Without prejudice to the provision of can. 1444 §1, n. 1:

1° anappeal from the tribunal of a suffragan Bishop is to the metropolitan tribunal, without prejudice to the provisions of can. 1439.

2° in cases heard at first instance in the tribunal of the Metropolitan, the appeal is to atribunal which the Metropolitan, with the approval of the Apostolic See, hasdesignated in a stable fashion;

3° forcases dealt with before a provincial Superior, the tribunal of second instanceis that of the supreme Moderator; for cases heard before the local Abbot, thesecond instance court is that of the Abbot superior of the monastic congregation.

Can.1439 §1 If a single tribunal of first instance has been constituted for severaldioceses, in accordance with the norm of can. 1423, the Episcopal Conferencemust, with the approval of the Holy See, constitute a tribunal of second instance, unless the dioceses are all suffragans of the same archdiocese.

§2 Evenapart from the cases mentioned in §1, the Episcopal Conference can, with theapproval of the Apostolic See, constitute one or more tribunals of second instance.

§3 Inrespect of the second instance tribunals mentioned in §§1 - 2, the Episcopal Conference, or the Bishop designated by it, has all the powers that belong to adiocesan Bishop in respect of his own tribunal.

Can.1440 If competence by reason of the grade of trial, in accordance with the provisionsof cann. 1438 and 1439, is not observed, then the non-competence of the judgeis absolute.

Can.1441 The tribunal of second instance is to be constituted in the same way as the tribunal of first instance. However, if a sole judge has given a judgementin first instance in accordance with can. 1425 §4, the second instance tribunalis to act collegially.