Code of Canon Law

Full text (English translation)

Canons cited in the policies

Can. 48

A singular decree is an administrative act issued by a competent executive authority, whereby in accordance with the norms of law a decision is given or a provision made for a particular case; of its nature this decision or provision does not presuppose that a petition has been made by anyone.

Can. 51

A decree is to be issued in writing. When it is a decision, it should express, at least in summary form, the reasons for the decision.

Can. 55

Without prejudice to Cann. 37 and 51, whenever a very grave reason prevents the handing over of the written text of a decree, the decree is deemed to have been made known if it is read to the person to whom it is directed, in the presence of a notary or two witnesses; a record of the occasion is to be drawn up and signed by all present.

Can. 56

A decree is deemed to have been made known if the person to whom it is directed has been duly summoned to receive or to hear the decree, and without a just reason has not appeared or has refused to sign.

Can. 128

Whoever unlawfully causes harm to another by a juridical act, or indeed by any other act which is deceitful or culpable, is obliged to repair the damage done.

Can. 134

§1 In law the term Ordinary means, apart from the Roman Pontiff, diocesan Bishops and all who, even for a time only, are set over a particular Church or a community equivalent to it in accordance with Can. 368, and those who in these have general ordinary executive power, that is, Vicars general and episcopal Vicars; likewise, for their own members, it means the major Superiors of clerical religious institutes of pontifical right and of clerical societies of apostolic life of pontifical right, who have at least ordinary executive power.

§2 The term local Ordinary means all those enumerated in §1, except Superiors of religious institutes and of societies of apostolic life.

§3 Whatever in the canons, in the context of executive power, is attributed to the diocesan Bishop, is understood to belong only to the diocesan Bishop and to those others in Can. 381 §2 who are equivalent to him, to the exclusion of the Vicar general and the episcopal Vicar except by special mandate.

Can. 201 §1

Continuous time means unbroken time.

Can. 221 §3

Christ’s faithful have the right that no canonical penalties be inflicted upon them except in accordance with the law.

Can. 265*

Every cleric must be incardinated either in a particular church or personal prelature, or in an institute of consecrated life or society endowed with this faculty, or also in a public clerical association which has obtained that faculty from the Apostolic See, in such a way that unattached or transient clerics are not allowed at all.

* Words in italics inserted by Article 3 of the Motu proprio "Competentias quasdam decernere" of 11th February 2022.

Can. 294 

After the conferences of bishops involved have been heard, the Apostolic See can erect personal prelatures, which consist of presbyters and deacons of the secular clergy, to promote a suitable distribution of presbyters or to accomplish particular pastoral or missionary works for various regions or for different social groups.

Can. 295

§1 The statutes established by the Apostolic See govern a personal prelature, and a prelate presides over it as the proper ordinary; he has the right to erect a national or international seminary and even to incardinate students and promote them to orders under title of service to the prelature.

§2. The prelate must see to both the spiritual formation and decent support of those whom he has promoted under the above-mentioned title.

Can. 296 

Lay persons can dedicate themselves to the apostolic works of a personal prelature by agreements entered into with the prelature. The statutes, however, are to determine suitably the manner of this organic cooperation and the principal duties and rights connected to it.

Can. 297 

The statutes likewise are to define the relations of the personal prelature with the local ordinaries in whose particular churches the prelature itself exercises or desires to exercise its pastoral or missionary works, with the previous consent of the diocesan bishop.

Can. 471, 2°

All who are admitted to an office in the curia must … observe secrecy within the limits and according to the manner determined by law or by the Bishop.

Can. 474

Acts of the curia which of their nature are designed to have a juridical effect must, as a requirement for validity, be signed by the Ordinary from whom they emanate. They must also be signed by the chancellor of the curia or a notary. The chancellor is bound to notify the Moderator of the curia about these acts.

Can. 489

It is not permitted to remove documents from the archive, except for a short time and with the permission of the Bishop or of both the Moderator of the curia and the chancellor.

Can. 490

§1 Only the Bishop is to have the key of the secret archive.

§2 When the see is vacant, the secret archive or safe is not to be opened except in a case of real necessity, and then by the diocesan Administrator personally.

§3 Documents are not to be removed from the secret archive or safe.

Can. 695 

§1. A member must be dismissed for the delicts mentioned in cann. 1397, 1398, and 1395, unless in the delicts mentioned in can. 1395, §2, the superior decides that dismissal is not completely necessary and that correction of the member, restitution of justice, and reparation of scandal can be resolved sufficiently in another way. [Apostolic Letter issued “Motu proprio” Recognitum Librum VI, 26 April 2022]

§2. In these cases, after the proofs regarding the facts and imputability have been collected, the major superior is to make known the accusation and proofs to the member to be dismissed, giving the member the opportunity for self-defense. All the acts, signed by the major superior and a notary, together with the responses of the member, put in writing and signed by that member, are to be transmitted to the supreme moderator.

Can. 964

§1 The proper place for hearing sacramental confessions is a church or oratory.

§2 As far as the confessional is concerned, norms are to be issued by the Episcopal Conference, with the proviso however that the confessionals, which the faithful who so wish may freely use, are located in an open place, and fitted with a fixed grille between the penitent and the confessor.

§3 Except for a just reason confessions are not to be heard elsewhere than in a confessional.

Can. 1312

§1 The penal sanctions in the Church are:

medicinal penalties or censures, which are listed in Cann. 1331-1333;

expiatory penalties, mentioned in Can. 1336.

§2 The law may determine other expiatory penalties which deprive a member of Christ’s faithful of some spiritual or temporal good, and are consistent with the Church’s supernatural purpose.

§3 Use is also made of penal remedies and penances, referred to in Cann. 1339 and 1340: the former primarily to prevent offences, the latter rather to substitute for or to augment a penalty.

Can. 1315 §2

A lower legislator, taking into account Can. 1317, can also:

reinforce with a fitting penalty a law issued by a higher authority, observing the limits of his competence in respect of territory or persons;

add other penalties to those laid down for a certain offence in a universal law;

determine or make obligatory a penalty which a universal law establishes as indeterminate or discretionary.

Can. 1319

§1 To the extent to which one can impose precepts by virtue of the power of governance in the external forum in accordance with the provisions of Cann. 48-58, to that extent can one also by precept threaten determined penalties, with the exception of perpetual expiatory penalties.

§2 If, after the matter has been very carefully considered, a penal precept is to be imposed, what is established in Cann. 1317 and 1318 is to be observed.

Can. 1319 §1

To the extent to which one can impose precepts by virtue of the power of governance in the external forum in accordance with the provisions of Cann. 48-58, to that extent can one also by precept threaten determined penalties, with the exception of perpetual expiatory penalties.

Can. 1339

§1 When someone is in a proximate occasion of committing an offence or when, after an investigation, there is a serious suspicion that an offence has been committed, the Ordinary either personally or through another can give that person warning.

§2 In the case of behaviour which gives rise to scandal or serious disturbance of public order, the Ordinary can also correct the person, in a way appropriate to the particular conditions of the person and of what has been done.

§3 The fact that there has been a warning or a correction must always be proven, at least from some document to be kept in the secret archive of the curia

§4 If on one or more occasions warnings or corrections have been made to someone to no effect, or if it is not possible to expect them to have any effect, the Ordinary is to issue a penal precept in which he sets out exactly what is to be done or avoided.

§5 If the gravity of the case so requires, and especially in a case where someone is in danger of relapsing into an offence, the Ordinary is also to subject the offender, over and above the penalties imposed according to the provision of the law or declared by sentence or decree, to a measure of vigilance determined by means of a singular decree.

Can. 1339 §3

The fact that there has been a warning or a correction must always be proven, at least from some document to be kept in the secret archive of the curia

Can. 1340

§1 A penance, which can be imposed in the external forum, is the performance of some work of religion or piety or charity.

§2 A public penance is never to be imposed for an occult transgression.

§3 According to his prudent judgement, the Ordinary may add penances to the penal remedy of warning or correction.

Can. 1342 to Can. 1350

§1 Whenever there are just reasons against the use of a judicial procedure, a penalty can be imposed or declared by means of an extra-judicial decree, observing canon 1720, especially in what concerns the right of defence and the moral certainty in the mind of the one issuing the decree, in accordance with the provision of Can. 1608. Penal remedies and penances may in any case whatever be applied by a decree.

§2 Perpetual penalties cannot be imposed or declared by means of a decree; nor can penalties which the law or precept establishing them forbids to be applied by decree.

§3 What the law or decree says of a judge in regard to the imposition or declaration of a penalty in a trial is to be applied also to a Superior who imposes or declares a penalty by an extra-judicial decree, unless it is otherwise clear, or unless there is question of provisions which concern only procedural matters.

Can. 1342 §3

What the law or decree says of a judge in regard to the imposition or declaration of a penalty in a trial is to be applied also to a Superior who imposes or declares a penalty by an extra-judicial decree, unless it is otherwise clear, or unless there is question of provisions which concern only procedural matters.

Can. 1343

If a law or precept grants the judge the faculty to apply or not to apply a penalty, he is, without prejudice to the provision of Can. 1326 §3, to determine the matter according to his own conscience and prudence, and in accordance with what the restoration of justice, the reform of the offender and the repair of scandal require; in such cases the judge may also, if appropriate, modify the penalty or in its place impose a penance.

Can. 1344

Even though the law may use obligatory words, the judge may, according to his own conscience and prudence:

defer the imposition of the penalty to a more opportune time, if it is foreseen that greater evils may arise from a too hasty punishment of the offender, unless there is an urgent need to repair scandal;

abstain from imposing the penalty or substitute a milder penalty or a penance, if the offender has repented, as well as having repaired any scandal and harm caused, or if the offender has been or foreseeably will be sufficiently punished by the civil authority;

may suspend the obligation of observing an expiatory penalty, if the person is a first-offender after a hitherto blameless life, and there is no urgent need to repair scandal; this is, however, to be done in such a way that if the person again commits an offence within a time laid down by the judge, then that person must pay the penalty for both offences, unless in the meanwhile the time for prescription of a penal action in respect of the former offence has expired.

Can. 1345

Whenever the offender had only an imperfect use of reason, or committed the offence out of necessity or grave fear or in the heat of passion or, without prejudice to the provision of Can. 1326 §1 n. 4, with a mind disturbed by drunkenness or a similar cause, the judge can refrain from inflicting any punishment if he considers that the person’s reform may be better accomplished in some other way; the offender, however, must be punished if there is no other way to provide for the restoration of justice and the repair of any scandal that may have been caused.

Can. 1346

§1 Ordinarily there are as many penalties as there are offences.

§2 Nevertheless, whenever the offender has committed a number of offences and the sum of penalties which should be imposed seems excessive, it is left to the prudent decision of the judge to moderate the penalties in an equitable fashion, and to place the offender under vigilance.

Can. 1347

§1 A censure cannot validly be imposed unless the offender has beforehand received at least one warning to purge the contempt, and has been allowed suitable time to do so.

§2 The offender is said to have purged the contempt if he or she has truly repented of the offence and has made suitable reparation for the scandal and harm, or at least seriously promised to make it.

Can. 1348

When the person has been found not guilty of an accusation, or where no penalty has been imposed, the Ordinary may provide for the person’s welfare and for the common good by opportune warnings or other solicitous means, and even, if the case calls for it, by the use of penal remedies.

Can. 1349

If a penalty is indeterminate, and if the law does not provide otherwise, the judge in determining the penalties is to choose those which are proportionate to the scandal caused and the gravity of the harm; he is not however to impose graver penalties, unless the seriousness of the case really demands it. He may not impose penalties which are perpetual.

Can. 1350

§1 In imposing penalties on a cleric, except in the case of dismissal from the clerical state, care must always be taken that he does not lack what is necessary for his worthy support.

§2 If a person is truly in need because he has been dismissed from the clerical state, the Ordinary is to provide in the best way possible, but not by the conferral of an office, ministry or function.

Can. 1353

An appeal or a recourse against judgements of a court or against decrees which impose or declare any penalty has a suspensive effect.

Can. 1362

§1 A criminal action is extinguished by prescription after three years, except for:

offences reserved to the Congregation for the Doctrine of the Faith, which are subject to special norms;

without prejudice to no. 1, an action arising from any of the offences mentioned in Cann. 1376, 1377, 1378, 1393 §1, 1394, 1395, 1397, or 1398 §2, which is extinguished after seven years, or one arising from the offences mentioned in Can. 1398 §1, which is extinguished after twenty years;

offences not punished by the universal law, where a particular law has prescribed a different period of prescription.

§2 Prescription, unless provided otherwise in a law, runs from the day the offence was committed or, if the offence was enduring or habitual, from the day it ceased.

§3 When the offender has been summoned in accordance with Can. 1723, or informed in the manner provided in Can. 1507 §3 of the presentation of the petition of accusation according to Can. 1721 §1, prescription of the criminal action is suspended for three years; once this period has expired or the suspension has been interrupted through the cessation of the penal process, time runs once again and is added to the period of prescription which has already elapsed. The same suspension equally applies if, observing Can. 1720 n. 1, the procedure is followed for imposing or declaring a penalty by way of an extra-judicial decree.

Can. 1362 §2

Prescription, unless provided otherwise in a law, runs from the day the offence was committed or, if the offence was enduring or habitual, from the day it ceased.

Can. 1390

§1 A person who falsely denounces a confessor of the offence mentioned in Can. 1385 to an ecclesiastical Superior incurs a latae sententiae interdict and, if a cleric, he incurs also a suspension.

§2 A person who calumniously denounces some other offence to an ecclesiastical Superior, or otherwise unlawfully injures the good name of another, is to be punished according to the provision of Can. 1336 §§2-4, to which moreover a censure may be added.

§3 The calumniator must also be compelled to make appropriate amends.

Can. 1395 §2

A cleric who has offended in other ways against the sixth commandment of the Decalogue, if the offence was committed in public, is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants.

Can. 1398

§1 A cleric is to be punished with deprivation of office and with other just penalties, not excluding, where the case calls for it, dismissal from the clerical state, if he:

commits an offence against the sixth commandment of the Decalogue with a minor or with a person who habitually has an imperfect use of reason or with one to whom the law recognises equal protection;

grooms or induces a minor or a person who habitually has an imperfect use of reason or one to whom the law recognises equal protection to expose himself or herself pornographically or to take part in pornographic exhibitions, whether real or simulated;

immorally acquires, retains, exhibits or distributes, in whatever manner and by whatever technology, pornographic images of minors or of persons who habitually have an imperfect use of reason.

§2 A member of an institute of consecrated life or of a society of apostolic life, or any one of the faithful who enjoys a dignity or performs an office or function in the Church, who commits an offence mentioned in §1 or in Can. 1395 §3 is to be punished according to the provision of Can. 1336 §§2-4, with the addition of other penalties according to the gravity of the offence.

Can. 1399

Besides the cases prescribed in this or in other laws, the external violation of divine or canon law can be punished, and with a just penalty, only when the special gravity of the violation requires it and necessity demands that scandals be prevented or repaired.

Can. 1428

§1 The judge or, in the case of a collegiate tribunal, the presiding judge, can designate an auditor to instruct the case. The auditor may be chosen from the tribunal judges, or from persons approved by the Bishop for this office.

§2 The Bishop can approve clerics or lay persons for the role of auditor. They are to be persons conspicuous for their good conduct, prudence and learning.

§3 The task of the auditor is solely to gather the evidence in accordance with the judge’s commission and, when gathered, to submit it to the judge. Unless the judge determines otherwise, however, an auditor can in the meantime decide what evidence is to be collected and the manner of its collection, should any question arise about these matters while the auditor is carrying out his role.

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. The promotor is bound by office to safeguard the public good.

Can. 1455 §3

Indeed, the judge can oblige witnesses, experts, and the parties and their advocates or procurators, to swear an oath to observe secrecy. This may be done if the nature of the case or of the evidence is such that revelation of the acts or evidence would put at risk the reputation of others, or give rise to quarrels, or cause scandal or have any similar untoward consequence.

Can. 1483

The procurator and advocate must have attained their majority and be of good repute. The advocate is also to be a catholic unless the diocesan Bishop permits otherwise, a doctor in canon law or otherwise well qualified, and approved by the same Bishop.

Can. 1509

§1 With due regard to the norms laid down by particular law, the notification of summonses, decrees, judgements and other judicial acts is to be done by means of the public postal service, or by some other particularly secure means.

§2 The fact and the manner of notification must be shown in the acts.

Can. 1526

§1 The onus of proof rests upon the person who makes an allegation.

§2 The following matters do not require proof:

matters which are presumed by the law itself;

facts alleged by one of the litigants and admitted by the other, unless their proof is nevertheless required either by law or by the judge.

Can. 1527

§1 Any type of proof which seems useful for the investigation of the case and is lawful, may be admitted.

§2 If a party submits that proof, which has been rejected by the judge, should be admitted, the judge is to determine the matter with maximum expedition.

Can. 1528

If a party or a witness refuses to testify before the judge, that person may lawfully be heard by another, even a lay person, appointed by the judge, or asked to make a declaration either before a public notary or in any other lawful manner.

Can. 1529

Unless there is a grave reason, the judge is not to proceed to collect the proofs before the joinder of the issue.

Can. 1530

The judge may always question the parties the more closely to elicit the truth. He must do so if requested by one of the parties, or in order to prove a fact 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 tell the whole truth.

§2 If a party has refused to reply, it is for the judge to evaluate what, as far as the proof 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 other cases, 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 15581565 concerning witnesses are to be observed, with the appropriate qualifications, in the questioning of the parties.

Can. 1535

A judicial confession is an assertion of fact against oneself, concerning a matter relevant to the trial, which is made by a party before a judge who is legally competent; this is so whether the assertion is made in writing or orally, 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, a judicial confession of one party relieves the other parties of the onus of proof.

§2 In cases which concern the public good, however, a judicial confession, and declarations by 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 the case, 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 evaluate the weight to be given to an extrajudicial confession which is introduced into the trial.

Can. 1538

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

Can. 1539

In every type of trial documentary proof is admitted, whether the documents be public or private.

Can. 1540

§1 Public ecclesiastical documents are those which an official person draws up in the exercise of his or her function in the Church and in which the formalities required by law have been observed.

§2 Public civil documents are those which are legally regarded as such in accordance with the laws of each place.

§3 All other documents are private.

Can. 1541

Unless it is otherwise established by contrary and clear arguments, public documents constitute acceptable evidence of those matters which are directly and principally affirmed in them.

Can. 1542

A private document, whether acknowledged by a party or admitted by a judge, has the same probative force as an extrajudicial confession, against its author or the person who has signed it and against persons whose case rests on that of the author or signatory. Against others it has the same force as have declarations by the parties which are not confessions, in accordance with Can. 1536 §2.

Can. 1543

If documents are shown to have been erased, amended, falsified or otherwise tampered with, it is for the judge to evaluate to what extent, if any, they are to be given credence.

Can. 1544

Documents do not have probative force at a trial unless they are submitted in original form or in authentic copy and are lodged in the office of the tribunal, so that they may be inspected by the judge and by the opposing party.

Can. 1545

The judge can direct that a document common to each of the parties is to be submitted in the process.

Can. 1546

§1 No one is obliged to exhibit documents, even if they are common, which cannot be communicated without danger of the harm mentioned in Can. 1548 §2, n. 2, or without the danger of violating a secret which is to be observed.

§2 If, however, at least an extract from a document can be transcribed and submitted in copy without the disadvantages mentioned, the judge can direct that it be produced in that form.

Can. 1547

Proof by means of witnesses is admitted in all cases, under the direction of the judge.

Can. 1548

§1 Witnesses must tell the truth to a judge who lawfully questions them.

§2 Without prejudice to the provisions of Can. 1550 §2, n. 2 the following are exempted from the obligation of replying to questions:

clerics, in those matters revealed to them by reason of their sacred ministry; civil officials, doctors, midwives, advocates, notaries and others who are bound by the secret of their office, even on the ground of having offered advice, in respect of matters subject to this secret;

those who fear that, as a result of giving evidence, a loss of reputation, dangerous harassment or some other grave evil will arise for themselves, their spouses, or those related to them by consanguinity or affinity.

Can. 1549

Everyone can be a witness, unless expressly excluded, whether wholly or in part, by the law.

Can. 1550

§1 Minors under the age of fourteen years and those who are of feeble mind are not admitted to give evidence. They can, however, be heard if the judge declares by a decree that it would be appropriate to do so.

§2 The following are deemed incapable of being witnesses:

the parties in the case or those who appear at the trial in the name of the parties; the judge and his assistant; the advocate and those others who in the same case assist or have assisted the parties;

priests, in respect of everything which has become known to them in sacramental confession, even if the penitent has asked that these things be made known. Moreover, anything that may in any way have been heard by anyone on the occasion of confession, cannot be accepted even as an indication of the truth.

Can. 1551

A party who has introduced a witness may forego the examination of that witness, but the opposing party may ask that the witness nevertheless be examined.

Can. 1552

§1 When proof by means of witnesses is sought, the names and addresses of the witnesses are to be communicated to the tribunal.

§2 The propositions on which the interrogation of the witnesses is requested, are to be submitted within the time limit determined by the judge; otherwise, the request is to be deemed abandoned.

Can. 1553

It is for the judge to curb an excessive number of witnesses.

Can. 1554

Before witnesses are examined, their names are to be communicated to the parties. If, in the prudent opinion of the judge, this cannot be done without great difficulty, it is to be done at least before the publication of the evidence.

Can. 1555

Without prejudice to the provisions of Can. 1550, a party may request that a witness be excluded, provided a just reason for exclusion is established before the witness is examined.

Can. 1556

The summons of a witness is effected by a decree of the judge lawfully notified to the witness.

Can. 1557

A properly summoned witness is to appear, or to make known to the judge the reason for being absent.

Can. 1558

§1 Witnesses are to be examined at the office of the tribunal unless the judge deems otherwise.

§2 Cardinals, Patriarchs, Bishops, and those who in their own civil law enjoy a similar favour, are to be heard at the place selected by themselves.

§3 Without prejudice to the provisions of Can. 1418 and 1469 §2, the judge is to decide where witnesses are to be heard for whom, by reason of distance, illness or other impediment, it is impossible or difficult to come to the office of the tribunal.

Can. 1559

The parties cannot be present at the examination of the witnesses unless, especially when there is question of a private interest, the judge has determined that they are to be admitted. Their advocates or procurators, however, may attend, unless by reason of the circumstances of matter and persons, the judge has determined that the proceedings are to be in secret.

Can. 1560

§1 The witnesses are to be examined individually and separately.

§2 If in a grave matter the witnesses disagree either among themselves or with one of the parties, the judge may arrange for those who differ to meet or to confront one another, but must, in so far as possible, eliminate discord and scandal.

Can. 1561

The examination of a witness is conducted by the judge, or by his delegate or an auditor, who is to be attended by a notary. Accordingly, unless particular law provides otherwise, if the parties or the promotor of justice or the defender of the bond or the advocates who are present at the hearing have additional questions to put to the witness, they are to propose these not to the witness, but to the judge, or to the one who is taking the judge’s place, so that he or she may put them.

Can. 1562

§1 The judge is to remind the witness of the grave obligation to tell the whole truth and nothing but the truth.

§2 The judge is to administer an oath to the witness in accordance with Can. 1532. If, however, a witness refuses to take an oath, he or she is to be heard unsworn.

Can. 1563

The judge is first of all to establish the identity of the witness. The relationship which the witness has with the parties is to be probed, and when specific questions concerning the case are asked of the witness enquiry is to be made into the sources of his or her knowledge and the precise time the witness came to know the matters which are asserted.

Can. 1564

The questions are to be brief, and appropriate to the understanding of the person being examined. They are not to encompass a number of matters at the same time, nor be captious or deceptive. They are not to be leading questions, nor give any form of offence. They are to be relevant to the case in question.

Can. 1565

§1 The questions are not to be made known in advance to the witnesses.

§2 If, however, the matters about which evidence is to be given are so remote in memory that they cannot be affirmed with certainty unless they are recalled beforehand, the judge may, if he thinks this can safely be done, advise the witness in advance about certain aspects of the matter.

Can. 1566

The witnesses are to give evidence orally. They are not to read from a script, except where there is a question of calculations or accounts; in this case, they may consult notes which they have brought with them.

Can. 1567

§1 The replies are to be written down at once by the notary. The record must show the very words of the evidence given, at least in what concerns those things which bear directly on the matter of the trial.

§2 The use of a tape recorder is allowed, provided the replies are subsequently committed to writing and, if possible, signed by the deponents.

Can. 1568

The notary is to mention in the acts whether the oath was taken or excused or refused; who were present, parties and others; the questions added ex officio; and in general, everything worthy of record which may have occurred while the witnesses were being examined.

Can. 1569

§1 At the conclusion of the examination, the record of the evidence, either as written down by the notary or as played back from the tape-recording, must be communicated to the witness, who is to be given the opportunity of adding to, omitting from, correcting or varying it.

§2 Finally, the witness, the judge and the notary must sign the record.

Can. 1570

Before the acts or the testimony are published, witnesses, even though already examined, may be called for re-examination, either at the request of a party or ex officio. This may be done if the judge considers it either necessary or useful, provided there is no danger whatever of collusion or of inducement.

Can. 1571

Witnesses must be refunded both the expenses they incurred and the losses they sustained by reason of their giving evidence, in accordance with the equitable assessment of the judge.

Can. 1572

In weighing evidence the judge may, if it is necessary, seek testimonial letters, and is to take into account:

the condition and uprightness of the witness

whether the knowledge was acquired at first hand, particularly if it was something seen or heard personally, or whether it was opinion, rumour or hearsay;

whether the witness is constant and consistent, or varies, is uncertain or vacillating;

whether there is corroboration of the testimony, and whether it is confirmed or not by other items of evidence.

Can. 1573

The deposition of one witness cannot amount to full proof, unless the witness is a qualified one who gives evidence on matters carried out in an official capacity, or unless the circumstances of persons and things persuade otherwise.

Can. 1574

The services of experts are to be used whenever, by a provision of the law or of the judge, their study and opinion, based upon their art or science, are required to establish some fact or to ascertain the true nature of some matter.

Can. 1575

It is for the judge, after hearing the opinions or suggestions of the parties, to appoint the experts or, if such is the case, to accept reports already made by other experts.

Can. 1576

Experts can be excluded or objected to for the same reasons as witnesses.

Can. 1577

§1 The judge in his decree must define the specific terms of reference to be considered in the expert’s task, taking into account whatever may have been gathered from the litigants.

§2 The expert is to be given the acts of the case, and any documents and other material needed for the proper and faithful discharge of his or her duty.

§3 The judge, after discussion with the expert, is to determine a time for the completion of the examination and the submission of the report.

Can. 1578

§1 Each expert is to complete a report distinct from that of the others, unless the judge orders that one report be drawn up and signed by all of them. In this case, differences of opinion, if there are such, are to be faithfully noted.

§2 Experts must clearly indicate the documents or other appropriate means by which they have verified the identity of persons, places or things. They are also to state the manner and method followed in fulfilling the task assigned to them, and the principal arguments upon which their conclusions are based.

§3 If necessary, the expert may be summoned by the judge to supply further explanations.

Can. 1579

§4 The judge is to weigh carefully not only the expert’s conclusions, even when they agree, but also all the other circumstances of the case.

§5 When he is giving the reasons for his decision, the judge must state on what grounds he accepts or rejects the conclusions of the experts.

Can. 1580

Experts are to be paid their expenses and honorariums. These are to be determined by the judge in a proper and equitable manner, with due observance of particular law.

Can. 1581

§1 Parties can designate their own experts, to be approved by the judge.

§2 If the judge admits them, these experts can inspect the acts of the case, in so far as required for the discharge of their duty, and can be present when the appointed experts fulfil their role. They can always submit their reports.

Can. 1582

If, in order to decide the case, the judge considers it opportune to visit some place, or inspect some thing, he is to set this out in a decree. After he has heard the parties, the decree is to give a brief description of what is to be made available for this access.

Can. 1583

After the inspection has been carried out, a document concerning it is to be drawn up.

Can. 1584

A presumption is a probable conjecture about something which is uncertain. Presumptions of law are those stated in the law; human presumptions are those made by a judge.

Can. 1585

A person with a presumption of law in his or her favour is freed from the onus of proof, which then falls on the other party.

Can. 1586

The judge is not to make presumptions which are not stated in the law, other than on the basis of a certain and determinate fact directly connected to the matter in dispute.

Can. 1548 §2

Without prejudice to the provisions of Can. 1550 §2-2°, the following are exempted from the obligation of replying to questions:

clerics, in those matters revealed to them by reason of their sacred ministry; civil officials, doctors, midwives, advocates, notaries and others who are bound by the secret of their office, even on the ground of having offered advice, in respect of matters subject to this secret;

those who fear that, as a result of giving evidence, a loss of reputation, dangerous harassment or some other grave evil will arise for themselves, their spouses, or those related to them by consanguinity or affinity.

Can. 1550 §2-2°

The following are deemed incapable of being witnesses: …

priests, in respect of everything which has become known to them in sacramental confession, even if the penitent has asked that these things be made known. Moreover, anything that may in any way have been heard by anyone on the occasion of confession, cannot be accepted even as an indication of the truth.

Can. 1592

§1 If a respondent is summoned but does not appear, and either does not offer an adequate excuse for absence or has not replied in accordance with Can. 1507 §1, the judge is to declare the person absent from the process, and decree that the case is to proceed to the definitive judgement and to its execution, with due observance of the proper norms.

§2 Before issuing the decree mentioned in §1, the judge must make sure, if necessary by means of another summons, that a lawful summons did reach the respondent within the canonical time.

Can. 1593

§1 If the respondent thereafter appears before the judge, or replies before the trial is concluded, he or she can bring forward conclusions and proofs, without prejudice to the provisions of Can. 1600; the judge is to take care, however, that the process is not deliberately prolonged by lengthy and unnecessary delays.

§2 Even if the respondent has neither appeared nor given a reply before the case is decided, he or she can challenge the judgement; if the person can show that there was a just reason for being absent, and that there was no fault involved in not intimating this earlier, a plaint of nullity can be lodged.

Can. 1596

§1 Any person with a legitimate interest can be allowed to intervene in a case in any instance of the suit, either as a party defending his or her own right or, in an accessory role, to help one of the litigants.

§2 To be admitted, however, the person must, before the conclusion of the case, produce to the judge a petition which briefly establishes the right to intervene.

§3 A person who intervenes in a case is to be admitted at that stage which the case has reached. If the case has reached the evidence stage, a brief and peremptory time limit is to be assigned within which to bring forward evidence.

Can. 1608

§1 To give any judgement, the judge must have in his mind moral certainty about the matter to be decided in the judgement.

§2 The judge must derive this certainty from the acts of the case and from the proofs.

§3 The judge must conscientiously weigh the evidence, with due regard for the provisions of law about the efficacy of certain evidence.

§4 A judge who cannot arrive at such certainty is to pronounce that the right of the plaintiff is not established and is to find for the respondent except in a case which enjoys the favour of law, when he is to pronounce in its favour.

Can. 1611

The judgement must:

define the controversy raised before the tribunal, giving appropriate answers to the individual questions;

determine the obligations of the parties arising from the trial and the manner in which these are to be fulfilled

set out the reasons or motives, both in law and in fact, upon which the dispositive part of the judgement is based;

apportion the expenses of the suit.

Can. 1612

§1 The judgement, after the invocation of the divine Name must state in order the judge or tribunal, and the plaintiff, respondent and procurator, with names and domiciles duly indicated. It is also to name the promotor of justice and the defender of the bond if they were engaged in the trial.

§2 It must then briefly set out the alleged facts, with the conclusions of the parties and the formulation of the doubt.

§3 Then follows the dispositive part of the judgement, prefaced by the reasons which support it.

§4 It ends with the date and the place in which it was given, and with the signature of the judge or, in the case of a collegiate tribunal, of all the judges, and of the notary.

Can. 1713

In order to avoid judicial disputes, agreement or reconciliation can profitably be adopted, or the controversy can be submitted to the judgement of one or more arbiters.

Can. 1714

The norms for agreements, for mutual promises to abide by an arbiter’s award, and for arbitral judgements are to be selected by the parties. If the parties have not chosen any, they are to use the law established by the Episcopal Conference, if such exists, or the civil law in force in the place where the pact is made.

Can. 1715

§1 Agreements and mutual promises to abide by an arbiter’s award cannot validly be employed in matters which pertain to the public good, and in other matters in which the parties are not free to make such arrangements.

§2 Whenever the matter concerned demands it, in questions concerning temporal ecclesiastical goods the formalities established by the law for the alienation of ecclesiastical goods are to be observed.

Can. 1716

§1 If the civil law does not recognise the force of an arbitral judgement unless it is confirmed by a judge, an arbitral judgement in an ecclesiastical controversy has no force in the canonical forum unless it is confirmed by an ecclesiastical judge of the place in which it was given.

§2 If, however, the civil law admits of a challenge to an arbitral judgement before a civil judge, the same challenge may be brought in the canonical forum before an ecclesiastical judge who is competent to judge the controversy at first instance.

Can. 1717

§1 Whenever the Ordinary receives information, which has at least the semblance of truth, about an offence, he is to enquire carefully, either personally or through some suitable person, about the facts and circumstances, and about the imputability of the offence, unless this enquiry would appear to be entirely superfluous.

§2 Care is to be taken that this investigation does not call into question anyone’s good name.

§3 The one who performs this investigation has the same powers and obligations as an auditor in a process. If, later, a judicial process is initiated, this person may not take part in it as a judge.

Can. 1717 §1

Whenever the Ordinary receives information, which has at least the semblance of truth, about an offence, he is to enquire carefully, either personally or through some suitable person, about the facts and circumstances, and about the imputability of the offence, unless this enquiry would appear to be entirely superfluous.

Can. 1717 §2

Care is to be taken that this investigation does not call into question anyone’s good name.

Can. 1717 §3

The one who performs this investigation has the same powers and obligations as an auditor in a process. If, later, a judicial process is initiated, this person may not take part in it as a judge.

Can. 1718 §1

When the facts have been assembled, the Ordinary is to decide:

whether a process to impose or declare a penalty can be initiated;

whether this would be expedient, bearing in mind Can. 1341;

whether a judicial process is to be used or, unless the law forbids it, whether the matter is to proceed by means of an extrajudicial decree.

Can. 1718 §1, 1°

When the facts have been assembled, the Ordinary is to decide … whether a process to impose or declare a penalty can be initiated.

Can. 1718 §3

In making the decrees referred to in §§1 and 2, the Ordinary, if he considers it prudent, is to consult two judges or other legal experts.

Can. 1718 §4

Before making a decision in accordance with §1, the Ordinary is to consider whether, to avoid useless trials, it would be expedient, with the parties’ consent, for himself or the investigator to make a decision, according to what is good and equitable, about the question of harm.

Can. 1719

The acts of the investigation, the decrees of the Ordinary by which the investigation was opened and closed, and all those matters which preceded the investigation, are to be kept in the secret curial archive, unless they are necessary for the penal process.

Can. 1720

If the Ordinary believes that the matter should proceed by way of an extrajudicial decree:

he is to notify the accused of the allegation and the evidence, and give an opportunity for defence, unless the accused, having been lawfully summoned, has failed to appear;

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

if the offence 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. 1720, 1°

If the Ordinary believes that the matter should proceed by way of an extrajudicial decree … he is to notify the accused of the allegation and the evidence, and give an opportunity for defence, unless the accused, having been lawfully summoned, has failed to appear.

Can. 1720, 2°

If the Ordinary believes that the matter should proceed by way of an extrajudicial decree … together with two assessors, he is accurately to weigh all the evidence and arguments.

Can. 1720, 3°

If the Ordinary believes that the matter should proceed by way of an extrajudicial decree … if the offence 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 be initiated, he is to pass the acts of the investigation to the promotor of justice, who is to present to the judge a petition of accusation in accordance with Cann. 1502 and 1504.

§2 Before a higher tribunal, the promotor of justice constituted for that tribunal adopts the role of plaintiff.

Can. 1721 §1

If the Ordinary decrees that a judicial penal process is to be initiated, he is to pass the acts of the investigation to the promotor of justice, who is to present to the judge a petition of accusation in accordance with Cann. 1502 and 1504.

Can. 1722

At any stage of the process, in order to prevent scandal, protect the freedom of the witnesses and safeguard the course of justice, the Ordinary can, after consulting the promotor of justice and summoning the accused person to appear, prohibit the accused from the exercise of the sacred ministry or of some ecclesiastical office and position, or impose or forbid residence in a certain place or territory, or even prohibit public participation in the blessed 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. 1725

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

Can. 1726

If in any grade or at any stage of a penal trial, it becomes quite evident that the offence has not been committed by the accused, the judge must declare this 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. 1728 §2

The accused person is not bound to admit to an offence, nor may the oath be administered to the accused.

Can. 1729 §1

In accordance with Can. 1596, a party who has suffered harm from an offence can bring a contentious action for making good the harm in the actual penal case itself.

Can. 1729 to Can. 1731

§1 In accordance with Can. 1596, a party who has suffered harm from an offence can bring a contentious action for making good the harm in the actual penal case itself.

§2 The intervention of the harmed party mentioned in §1 is no longer admitted if the intervention was not made in the first instance of the penal trial.

§3 An appeal in a case concerning harm is made in accordance with Cann. 1628 – 1640, even if an appeal cannot be made in the penal case itself. If, however, there is an appeal on both headings, there is to be only one trial, even though the appeals are made by different persons, without prejudice to the provision of Can. 1734 [It would appear that this reference should read ‘Can. 1730’].

Can. 1730

§1 To avoid excessive delays in a penal trial, the judge can postpone the trial concerning harm until he has given a definitive judgement in the penal trial.

§2 When the judge does this he must, after giving judgement in the penal trial, hear the case concerning harm, even though the penal trial is still pending because of a proposed challenge to it, or even though the accused has been acquitted, when the reason for the acquittal does not take away the obligation to make good the harm.

Can. 1731

A judgement given in a penal trial, even though it has become an adjudged matter, in no way creates a right for a party who has suffered harm, unless this party has intervened in accordance with Can. 1733 [It would appear that this reference should read ‘Can. 1729’]

Can. 1732 to Can. 1739

Whatever is laid down in the canons of this section concerning decrees, is also to be applied to all singular administrative acts given in the external forum outside a judicial trial, except for those given by the Roman Pontiff himself or by an Ecumenical Council.

Can. 1733

§1 When a person believes that he or she has been injured by a decree, it is greatly to be desired that contention between that person and the author of the decree be avoided, and that care be taken to reach an equitable solution by mutual consultation, possibly using the assistance of serious-minded persons to mediate and study the matter. In this way, the controversy may by some suitable method be avoided or brought to an end.

§2 The Episcopal Conference can prescribe that in each diocese there be established a permanent office or council which would have the duty, in accordance with the norms laid down by the Conference, of seeking and suggesting equitable solutions. Even if the Conference has not demanded this, the Bishop may establish such an office or council.

§3 The office or council mentioned in §2 is to be diligent in its work principally when the revocation of a decree is sought in accordance with Can. 1734 and the time limit for recourse has not elapsed. If recourse is proposed against a decree, the Superior who would have to decide the recourse is to encourage both the person having recourse and the author of the decree to seek this type of solution, whenever the prospect of a satisfactory outcome is discerned.

Can. 1734

§1 Before having recourse, the person must seek in writing from its author the revocation or amendment of the decree. Once this petition has been lodged, it is by that very fact understood that the suspension of the execution of the decree is also being sought.

§2 The petition must be made within the peremptory time limit of ten canonical days from the time the decree was lawfully notified.

§3 The norms in §§1 and 2 do not apply:

in having recourse to the Bishop against decrees given by authorities who are subject to him;

in having recourse against the decree by which a hierarchical recourse is decided, unless the decision was given by the Bishop himself ;

in having recourse in accordance with Cann. 57 and 1735.

Can. 1735

If, within thirty days from the time the petition mentioned in Can. 1734 reaches the author of the decree, the latter communicates a new decree by which either the earlier decree is amended or it is determined that the petition is to be rejected, the period within which to have recourse begins from the notification of the new decree. If, however, the author of the decree makes no decision within thirty days, the time limit begins to run from the thirtieth day.

Can. 1736

§1 In those matters in which hierarchical recourse suspends the execution of a decree, even the petition mentioned in Can. 1734 has the same effect.

§2 In other cases, unless within ten days of receiving the petition mentioned in Can. 1734 the author of the decree has decreed its suspension, an interim suspension can be sought from the author’s hierarchical Superior. This Superior can decree the suspension only for serious reasons and must always take care that the salvation of souls suffers no harm.

§3 If the execution of the decree is suspended in accordance with §2 and recourse is subsequently proposed, the person who must decide the recourse is to determine, in accordance with Can. 1737 §3, whether the suspension is to be confirmed or revoked.

§4 If no recourse is proposed against the decree within the time limit established, an interim suspension of execution in accordance with §§1 and 2 automatically lapses.

Can. 1737

§1 A person who contends that he or she has been injured by a decree, can for any just motive have recourse to the hierarchical Superior of the one who issued the decree. The recourse can be proposed before the author of the decree, who must immediately forward it to the competent hierarchical Superior.

§2 The recourse is to be proposed within the peremptory time limit of fifteen canonical days. In the cases mentioned in Can. 1734 §3, the time limit begins to run from the day the decree was notified; in other cases, it runs in accordance with Can. 1735.

§3 Even in those cases in which recourse does not by law suspend the execution of the decree, or in which the suspension is decreed in accordance with Can. 1736 §2, the Superior can for a serious reason order that the execution be suspended, but is to take care that the salvation of souls suffers no harm.

Can. 1738

The person having recourse always has the right to the services of an advocate or procurator, but is to avoid futile delays. Indeed, an advocate is to be appointed ex officio if the person does not have one and the Superior considers it necessary. The Superior, however, can always order that the one having recourse appear in person to answer questions.

Can. 1739

In so far as the case demands, it is lawful for the Superior who must decide the recourse, not only to confirm the decree or declare that it is invalid, but also to rescind or revoke it or, if it seems to the Superior to be more expedient, to amend it, to substitute for it, or to abrogate it.