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

CHAPTER I : THE DECLARATIONS OF THEPARTIES

Can.1530 The judge may always question the parties the more closely to elicit thetruth. He must do so if requested by one of the parties, or in order to prove afact which the public interest requires to be placed beyond doubt.

Can.1531 §1 A party who is lawfully questioned is obliged to respond and to tellthe whole truth.

§2 If aparty has refused to reply, it is for the judge to evaluate what, as far as theproof of the facts is concerned, can be deduced therefrom.

Can.1532 Unless a grave reason suggests otherwise, in cases in which the public good is at stake the judge is to administer to the parties an oath that they will tell the truth, or at least that what they have said is the truth. In othercases, it is left to the prudent discretion of the judge to determine whether an oath is to be administered.

Can.1533 The parties, the promotor of justice and the defender of the bond may submit to the judge propositions upon which a party is to be questioned.

Can.1534 The provisions of cann. 15482, n. 1, 1552 and 1558 - 1565 concerning witnesses are to be observed, with the appropriate qualifications, in thequestioning of the parties.

Can.1535 A judicial confession is an assertion of fact against oneself, concerninga matter relevant to the trial, which is made by a party before a judge who islegally competent; this is so whether the assertion is made in writing ororally, whether spontaneously or in response to the judge's questioning.

Can.1536 §1 In a private matter and where the public good is not at stake, ajudicial confession of one party relieves the other parties of the onus ofproof.

§2 In caseswhich concern the public good, however, a judicial confession, and declarationsby the parties which are not confessions, can have a probative value that is to be weighed by the judge in association with the other circumstances of thecase, but the force of full proof cannot be attributed to them unless there are other elements which wholly corroborate them.

Can.1537 It is for the judge, having considered all the circumstances, to evaluatethe weight to be given to an extra-judicial confession which is introduced into the trial.

Can.1538 A confession, or any other declaration of a party, is devoid of all forceif clearly shown to be based on an error of fact or to have been extracted byforce or grave fear.