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

CHAPTER II: THE COURSE OF THE PROCESS

Can.1720 If the Ordinary believes that the matter should proceed by way of anextra-judicial decree:

1° he is tonotify the accused of the allegation and the evidence, and give an opportunityfor defence, unless the accused, having been lawfully summoned, has failed toappear;

2° together with two assessors, he is accurately to weigh all the evidence and arguments;

3° if theoffence is certainly proven and the time for criminal action has not elapsed, he is to issue a decree in accordance with cann. 1342 - 1350, outlining at least in summary form the reasons in law and in fact.

Can.1721 §1 If the Ordinary decrees that a judicial penal process is to beinitiated, he is to pass the acts of the investigation to the promotor ofjustice, who is to present to the judge a petition of accusation in accordancewith cann. 1502 and 1504.

§2 Before ahigher tribunal, the promotor of justice constituted for that tribunal adoptsthe role of plaintiff.

Can.1722 At any stage of the process, in order to prevent scandal, protect thefreedom of the witnesses and safeguard the course of justice, the Ordinary can, after consulting the promotor of justice and summoning the accused person toappear, prohibit the accused from the exercise of the sacred ministry or of some ecclesiastical office and position, or impose or forbid residence in acertain place or territory, or even prohibit public participation in theblessed Eucharist. If, however, the reason ceases, all these restrictions are to be revoked; they cease by virtue of the law itself as soon as the penal process ceases.

Can.1723 §1 When the judge summons the accused, he must invite the latter to engagean advocate, in accordance with Can. 1481 §1, but within the time laid down by the judge.

§2 If theaccused does not do this, the judge himself is to appoint an advocate before the joinder of the issue, and this advocate will remain in office for as longas the accused has not engaged an advocate.

Can.1724 §1 At the direction or with the consent of the Ordinary who decided that the process should be initiated, the promotor of justice in any grade of thetrial can resign from the case.

§2 Forvalidity, this resignation must be accepted by the accused person, unless he or she has been declared absent from the trial.

Can.1725 In the argumentation of the case, whether done in writing or orally, theaccused person or the advocate or procurator of the accused, always has theright to write or speak last.

Can.1726 If in any grade or at any stage of a penal trial, it becomes quite evidentthat the offence has not been committed by the accused, the judge must declarethis in a judgement and acquit the accused, even if it is at the same time clear that the period for criminal proceedings has elapsed.

Can.1727 §1 The offender can appeal, even if discharged in the judgement only because the penalty was facultative, or because the judge used the power mentioned in cann. 1344 and 1345.

§2 Thepromotor of justice can appeal whenever he considers that the reparation ofscandal or the restitution of justice has not been sufficiently provided for.

Can.1728 §1 Without prejudice to the canons of this title, and unless the nature of the case requires otherwise, in a penal trial the judge is to observe thecanons concerning judicial procedures in general, those concerning the ordinary contentious process, and the special norms about cases which concern the public good.

§2 Theaccused person is not bound to admit to an offence, nor may the oath beadministered to the accused.