digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

Scale of justice, canon law.svg
This article is part of the series:
Legislation and Legal System of the Catholic Church
Canon Law Task Force

Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church.

A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened; a penalty that binds a guilty party only after it has been imposed on the person is known as a ferendae sententiae (meaning "sentence to be passed") penalty.[1]

The Code of Canon Law, which binds Catholics of the Latin Church, inflicts latae sententiae censures for certain forbidden actions. The canon law that binds members of the eastern Catholic Churches (see Code of Canons of the Eastern Churches) does not include latae sententiae penalties.

Grammatical note[edit]

Note that latae sententiae is an adjectival phrase accompanying a noun, such as "excommunication". In connection with a verb, the corresponding adverbial phrase is in ablative absolute form, as in: "He was excommunicated lata sententia."

Penalties in the Code of Canon Law[edit]

The censures that the Code of Canon Law envisages are excommunication, interdict, and suspension. Excommunication prohibits participation in certain forms of liturgical worship and church governance.[2] Interdict involves the same liturgical restrictions as excommunication, but does not affect participation in Church governance.[3] Suspension, which affects only members of the clergy, prohibits certain acts by a cleric, whether the acts are of a religious character deriving from his ordination ("acts of the power of orders") or are exercises of his power of governance or of rights and functions attached to the office he holds.[4]

Excommunications[edit]

Unless the excusing circumstances outlined in canons 1321-1330[5] exist, the Code of Canon Law imposes latae sententiae excommunication on the following:

Legislation outside of the Code of Canon Law may also decree latae sententiae excommunication. An example is that governing papal elections, which applies it to persons who violate secrecy, or who interfere with the election by means such as simony or communicating the veto of a civil authority.[14]

The ipso facto excommunication that applied before 1983 to Catholics who became members of Masonic associations was not maintained in the revised Code of Canon Law that came into force in that year. However, the Holy See has declared that membership remains forbidden and that "the faithful who enrol in Masonic associations are in a state of grave sin and may not receive Holy Communion".[15]

Interdicts[edit]

Instances in which one incurs a latae sententiae interdict include the following:

An example of an interdict that is not latae sententiae but instead ferendae sententiae is that given in canon 1374 of the Code of Canon Law: "One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdict."[18]

Suspensions[edit]

Automatic suspension applies to clerics (those who have been ordained at least to the diaconate) in the following cases:

  • a cleric who uses physical violence against a bishop;[19]
  • a deacon who attempts to celebrate the sacrifice of the Mass; or a priest who, though not empowered to grant sacramental absolution, attempts to do so or hears sacramental confession[20] (the empowerment or faculty in question is granted either by the law itself, for instance to those who hold certain offices, or by certain ecclesiastical superiors of the penitents[21] and penitents in danger of death can be validly absolved even by a priest without the faculty to hear confessions, and even if a priest with the faculty is present);[22]
  • a cleric who celebrates a sacrament through simony;[23]
  • a cleric who has received ordination illicitly;[24]
  • a cleric who falsely denounces before a Church superior a priest as having committed the delict of soliciting, in connection with confession, to a sexual sin.[25]

Ferendae sententiae suspension (along with other punishments) is to be inflicted on any cleric who openly lives in violation of chastity[26] and on any priest who "in the act, on the occasion, or under the pretext of confession" solicits a penitent to a sexual sin.[27]

Effects[edit]

If one commits an ecclesiastical offence for which a ferendae sententiae punishment is prescribed, the penalty takes effect only when imposed by the competent ecclesiastical authority.[1] It can also happen that the ecclesiastical authority issues a declaration that a particular individual has in fact incurred a latae sententiae censure. In both these cases the effects are more severe than those of a merely automatic censure.[28]

Those under interdict or excommunication of any kind are forbidden to receive the sacraments, including the Eucharist,[29] but a priest may not refuse Communion publicly to those under merely automatic censure, even if he knows that they have incurred this kind of censure;[30] However, if the excommunication has been imposed or declared, others are obliged to prevent the censured person from acting in a ministerial capacity in the liturgy or, if this proves impossible, to suspend the liturgical service;[31] and the censured person is not to be admitted to Holy Communion[32] (see canon 915).

Remission[edit]

Apart from cases where remission of a censure is reserved to the Holy See, it is for the ordinary responsible for its infliction or, after he has been consulted or in extraordinary circumstances in which such consultation is not possible, the ordinary of the locality where the censured person is present to remit a declared or imposed censure established by law.[33] However, an ordinary can remit a merely automatic censure for his subjects, wherever they are, and for anyone present in his territory or who committed the delict in his territory, and any bishop can remit merely automatic censures for anyone whose sacramental confession he is hearing.[34]

If a penitent finds it burdensome to remain in grave sin for the duration of the time necessary for obtaining remission by the competent authority from an undeclared latae sententiae excommunication or interdict that excludes the penitent from the sacraments, the confessor may immediately remit the censure in the internal sacramental forum, while requiring the penitent to have recourse within one month to the competent authority.[35]

Remission cannot be granted to someone who maintains contumacy, nor can it be denied to someone who withdraws from contumacy.[36]

References[edit]

  1. ^ a b "Can. 1314". Code of Canon Law. Retrieved 2008-06-01. 
  2. ^ "Can. 1331". Code of Canon Law. Retrieved 2008-06-01. 
  3. ^ "Can. 1332". Code of Canon Law. Retrieved 2008-06-01. 
  4. ^ "Can. 1333". Code of Canon Law. Retrieved 2008-06-01. 
  5. ^ "Cann. 1321-1330". Code of Canon Law. Retrieved 2008-06-01. 
  6. ^ "Can. 1364". Code of Canon Law. Retrieved 2008-06-01. 
  7. ^ "Can. 1367". Code of Canon Law. Retrieved 2008-06-01. 
  8. ^ a b "Can. 1370". Code of Canon Law. Retrieved 2008-06-01. 
  9. ^ a b "Can. 1378". Code of Canon Law. Retrieved 2008-06-01. 
  10. ^ "Can. 1382". Code of Canon Law. Retrieved 2008-06-01. 
  11. ^ "Can. 1388". Code of Canon Law. Retrieved 2008-06-01. 
  12. ^ "Can. 1398". Code of Canon Law. Retrieved 2008-06-01. 
  13. ^ "Can. 1329". Code of Canon Law. Retrieved 2008-06-01. 
  14. ^ John Paul II. "Universi Dominici Gregis". Retrieved 2008-06-01. 
  15. ^ Declaration on Masonic Associations
  16. ^ "Can. 1390". Code of Canon Law. Retrieved 2008-06-01. 
  17. ^ "Can. 1394". Code of Canon Law. Retrieved 2008-06-01. 
  18. ^ "Can. 1374". Code of Canon law. 
  19. ^ Code of Canon Law, canon 1370
  20. ^ Code of Canon Law, canon 1378
  21. ^ Code of Canon Law, canon 966
  22. ^ Code of Canon Law, canon 976
  23. ^ Code of Canon Law, canon 1380
  24. ^ Code of Canon Law, canon 1383
  25. ^ Code of Canon Law, canon 1390
  26. ^ Code of Canon Law, canon 1395
  27. ^ Code of Canon Law, canon 1387
  28. ^ Code of Canon Law, canon 1331 §2
  29. ^ Code of Canon Law, canons 1331-1332
  30. ^ Edward McNamara, "Denying Communion to Someone"
  31. ^ "Code of Canon Law, canon 1331 §2". Vatican.va. Retrieved 2012-04-03. 
  32. ^ 1983 Code of Canon Law, canon 915
  33. ^ Code of Canon Law, canon 1355 §1
  34. ^ Code of Canon Law, canon 1355 §2
  35. ^ Code of Canon Law, canon 1357
  36. ^ Code of Canon Law, canon 1358

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Latae_sententiae — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.

25 news items

 
RenewAmerica
Thu, 10 Jul 2014 13:48:45 -0700

"A confessor who directly violates the sacramental seal, incurs a latae sententiae excommunication reserved to the Apostolic See; he who does so only indirectly is to be punished according to the gravity of the offence." The direct violation would be ...
 
Aleteia
Sun, 22 Jun 2014 08:44:09 -0700

Excommunication can be latae sententiae which means automatic, or it can be ferendae sententiae which means it is imposed by a competent church authority. Earlier versions of canon law excluded the person from the fellowship of the church completely.
 
Catholic Culture
Tue, 24 Jun 2014 11:16:19 -0700

We cannot, therefore, leap to the conclusion that Pope Francis is teaching that all who devote themselves to evil are formally excommunicated latae sententiae (that is, as an automatic result of their violation of a particular Church law). Still less ...
 
Green Bay Press Gazette
Sat, 05 Jul 2014 18:49:30 -0700

A person who procures a completed abortion incurs excommunication latae sententiae,by the very commission of the offense,and subject to the conditions provided by Canon Law. The Church does not thereby intend to restrict the scope of mercy. Rather,She ...

Bumm.sk

Bumm.sk
Sun, 22 Jun 2014 06:41:15 -0700

Latae sententiae 2014. 06. 22. Facebook Twitter A+ A- nyomtatás. A pápa szembeszáll a maffiával Kiátkozta a maffiát Ferenc pápa, aki szombaton az 'ndrangheta nevű szervezett bűnözői csoport fellegvárának számító Calabriában tett egynapos látogatást.
 
Aleteia
Tue, 24 Jun 2014 06:20:36 -0700

La scomunica può avvenire in 2 modi: ferendae sententiae (è inflitta da una decisione gudiziaria o amministrativa) oppure latae sententiae (è "automatica", cioè segue immediatamente la commissione del delitto; però per essere pubblica e aver effetti ...
 
Giornale dell'Umbria
Sun, 13 Jul 2014 02:56:15 -0700

I due tipi hanno ciascuno il suo nome: latae sententiae (letteralmente: sentenza già pronunciata una volta per tutte) la prima, e ferendae sententiae (sentenza da pronunciare) la seconda e si ha quando si tratta di casi particolari che vanno denunciati ...

EntornoInteligente

EntornoInteligente
Tue, 24 Jun 2014 17:35:39 -0700

Y añade en la nota del Dicasterio que, "quien arroja las especies consagradas", es decir, toda acción que desprecie o profane la Eucaristía, comete grave delito de sacrilegio contra el Cuerpo y Sangre de Cristo, y queda excomulgado 'latae sententiae ...
Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Latae sententiae

You can talk about Latae sententiae with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!