Help

TITLE IV.

PENALTIES AND OTHER PUNISHMENTS (Cann. 1331 - 1340)

CHAPTER I.

CENSURES

Can. 1331 §1. An excommunicated person is forbidden:

1/ to have any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever;

2/ to celebrate the sacraments or sacramentals and to receive the sacraments;

3/ to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance.

§2. If the excommunication has been imposed or declared, the offender:

1/ who wishes to act against the prescript of §1, n. 1 must be prevented from doing so, or the liturgical action must be stopped unless a grave cause precludes this;

2/ invalidly places acts of governance which are illicit according to the norm of §1, n. 3;

3/ is forbidden to benefit from privileges previously granted;

4/ cannot acquire validly a dignity, office, or other function in the Church;

5/ does not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church.

Can. 1332 The prohibitions mentioned in ⇒ can. 1331, §1, nn. 1 and 2 bind an interdicted person. If the interdict has been imposed or declared, however, the prescript of ⇒ can. 1331, §2, n. 1 must be observed.

Can. 1333 §1. Suspension, which can affect only clerics, prohibits:

1/ either all or some acts of the power of orders;

2/ either all or some acts of the power of governance;

3/ the exercise of either all or some of the rights or functions attached to an office.

§2. A law or precept can establish that a suspended person cannot place acts of governance validly after a condemnatory or declaratory sentence.

§3. A prohibition never affects:

1/ the offices or the power of governance which are not under the power of the superior who establishes the penalty;

2/ the right of residence which the offender may have by reason of office;

3/ the right to administer goods which may pertain to the office of the person suspended if the penalty is latae sententiae.

§4. A suspension prohibiting a person from receiving benefits, a stipend, pensions, or any other such thing entails the obligation of making restitution for whatever has been received illegitimately, even if in good faith.

Can. 1334 §1. Within the limits established by the preceding canon, either the law or precept itself or the sentence or decree which imposes the penalty defines the extent of a suspension.

§2. A law, but not a precept, can establish a latae sententiae suspension without additional determination or limitation; such a penalty has all the eVects listed in ⇒ can. 1333, §1.

Can. 1335 If a censure prohibits the celebration of sacraments or sacramentals or the placing of an act of governance, the prohibition is suspended whenever it is necessary to care for the faithful in danger of death. If a latae sententiae censure has not been declared, the prohibition is also suspended whenever a member of the faithful requests a sacrament or sacramental or an act of governance; a person is permitted to request this for any just cause.