SUBSTANTIVE RULES

Art. 1

§1. The Congregation for the Doctrine of the Faith, in accordance with art. 52 of the Apostolic Constitution Pastor Bonus, judges, pursuant to art. 2 §2, the crimes against the faith, as well as the more serious crimes committed against customs or in the celebration of the sacraments and, if necessary, proceeds to declare or impose canonical sanctions according to the norm of both common and proper law, without prejudice to the competence of the Apostolic Penitentiary and without prejudice to the Agendi ratio in doctrinarum examine.

§2. In the crimes referred to in §1, subject to the mandate of the Roman Pontiff, the Congregation for the Doctrine of the Faith has the right to judge the Cardinal Fathers, the Patriarchs, the Legates of the Apostolic See, the Bishops, as well as the other physical persons referred to in can. 1405 §3 of the Code of Canon Law (= CIC) and in can. 1061 of the Code of Canons of the Eastern Churches (= CCEO).

§3. The Congregation for the Doctrine of the Faith judges the reserved offenses mentioned in §1 in accordance with the following articles.

Art. 2

§1. Crimes against the faith, referred to in art. 1, are heresy, apostasy and schism, according to the norm of cann. 751 and 1364 CIC and cann. 1436 and 1437 CCEO.

§2. In the cases referred to in § 1 it is the duty of the Ordinary or the Hierarch, according to the law, to carry out the judicial process in first instance or extrajudicial by decree, without prejudice to the right of appeal or recourse to the Congregation for the Doctrine of the Faith.

§3. In the cases referred to in § 1 it is for the Ordinary or the Hierarch, in accordance with the law, to remit the latae sententiae excommunication or the major excommunication respectively in the external forum.

Art. 3

§1. The most serious crimes against the sanctity of the most august Sacrifice and sacrament of the Eucharist reserved for the judgment of the Congregation for the Doctrine of the Faith are: can. 1382 § 1 CIC and in can. 1442 CCEO;

2 ° the attempted liturgical action of the Eucharistic Sacrifice mentioned in can. 1379 §1, 1st CIC; 3 ° the simulation of the liturgical action of the Eucharistic Sacrifice mentioned in can. 1379 § 5 CIC and in can. 1443 CCEO;

4 ° the concelebration of the Eucharistic Sacrifice prohibited by can. 908 CIC and can. 702 CCEO, mentioned in can. 1381 CIC and can. 1440 CCEO, together with the ministers of ecclesial communities who do not have apostolic succession and do not recognize the sacramental dignity of priestly ordination.

§2. Also reserved to the Congregation for the Doctrine of the Faith is the crime consisting in the consecration for sacrilegious purposes of a single matter or both, in the Eucharistic celebration or outside it, mentioned in can. 1382 § 2 CIC.

Art. 4

§1. The most serious crimes against the sanctity of the sacrament of Penance reserved for the judgment of the Congregation for the Doctrine of the Faith are:

1 ° the absolution of the accomplice in sin against the sixth commandment of the Decalogue, mentioned in can. 1384 CIC and in can. 1457 CCEO;

2 ° the attempted sacramental absolution or the forbidden listening to the confession mentioned in can. 1379 §1, 2nd CIC;

3 ° the simulation of the sacramental absolution mentioned in can. 1379 §5 of the CIC and in can. 1443 CCEO;

4 ° the solicitation of sin against the sixth commandment of the Decalogue in the act or on the occasion or on the pretext of confession, mentioned in can. 1385 CIC and can. 1458 CCEO, if directed to sin with the same confessor;

5 ° the direct and indirect violation of the sacramental seal mentioned in can. 1386 §1 CIC and in can. 1456 §1 CCEO;

6 ° the recording, made by any technical means, or the dissemination through the means of social communication carried out with malice, of the things that are said by the confessor or penitent in the sacramental confession, true or simulated, mentioned in can. 1386 § 3 CIC.

§2. In cases for the crimes referred to in § 1, it is not lawful for anyone to make known the name of the complainant or penitent, neither to the accused nor to his patron, if the complainant or penitent has not given express consent; the credibility of the complainant is carefully evaluated, and absolutely any danger of violation of the sacramental seal is avoided, guaranteeing the accused's right of defense.

Art. 5

The most serious crime of attempted sacred ordination of a woman is also reserved to the Congregation for the Doctrine of the Faith:

1 ° if the one who attempts the conferral of the sacred order or the woman who attempts the reception of the sacred order is a faithful subject to the CIC, he incurs the latae sententiae excommunication whose remission mentioned in can. 1379 § 3 CIC is reserved to the Apostolic See;

2 ° if the person who attempts the conferral of the sacred order or the woman who attempts the reception of the sacred order is a faithful subject to the CCEO, he is to be punished with a major excommunication, the remission of which is reserved to the Apostolic See.

Art. 6

The most serious crimes against morals, reserved for the judgment of the Congregation for the Doctrine of the Faith, are:

1 ° the crime against the sixth commandment of the Decalogue committed by a cleric with a minor of eighteen years or with a person who habitually has an imperfect use of reason; ignorance or error on the part of the cleric about the age of the minor does not constitute an extenuating or exempt circumstance;

2 ° the acquisition, possession, display or disclosure, for the purpose of lust or profit, of pornographic images of children under the age of eighteen by a cleric, in any way and with any instrument.

Art. 7

Anyone who commits the crimes referred to in Articles 2-6, is punished, if necessary, in addition to the provisions for individual crimes in the CIC and in the CCEO, as well as in these Rules, with a just penalty according to the gravity of the crime; if a cleric can also be punished with dismissal or deposition from the clerical state.

Art. 8

§1. The criminal action relating to the crimes reserved to the Congregation for the Doctrine of the Faith is extinguished by prescription in twenty years.

§2. Prescription runs according to the norm of can. 1362 § 2 CIC and can. 1152 § 3 CCEO. However, in the crime referred to in art. 6 n. 1, the limitation period starts from the day the minor is eighteen years old.

§3. The Congregation for the Doctrine of the Faith has the right to derogate from the prescription for all individual cases of reserved crimes, even if they concern crimes committed before the entry into force of these Norms.

Second part

PROCEDURAL RULES

Title I.

Jurisdiction of the Court

Art. 9

§1. The Congregation for the Doctrine of the Faith is the Supreme Apostolic Tribunal for the Latin Church, as well as for the Eastern Catholic Churches, in judging the crimes defined in the previous articles.

§2. This Supreme Court, only together with the crimes reserved to it, also judges the other crimes, for which the offender is accused because of the connection between the person and the complicity.

§3. The crimes reserved to this Supreme Court must be prosecuted in judicial process or by extra-judicial decree.

§4. The pronouncements of this Supreme Court, issued within the limits of its own competence, are not subject to the approval of the Supreme Pontiff.

Art. 10

§1. Whenever the Ordinary or the Hierarch receives news, at least likely, of a more serious crime, after having carried out the preliminary investigation according to the norm of cann. 1717 CIC and 1468 CCEO, makes it known to the Congregation for the Doctrine of the Faith, which, if it does not claim the cause due to particular circumstances, orders the Ordinary or the Hierarch to proceed further.

§2. It is the competence of the Ordinary or the Hierarch, from the beginning of the preliminary investigation, to impose what is established in can. 1722 CIC or in can. 1473 CCEO.

§3. If the case is referred directly to the Congregation, without conducting the preliminary investigation, the preliminaries of the process, which by common law belong to the Ordinary or to the Hierarch, can be fulfilled by the Congregation itself which provides for it directly or by means of its own delegate.

Art. 11

The Congregation for the Doctrine of the Faith, in cases relating to the crimes reserved to it, can remedy the acts, without prejudice to the right of defense, if merely procedural laws have been violated.

Title II

The judicial process

Art. 12

§1. Judges of this Supreme Tribunal are, by the same right, the Members of the Congregation for the Doctrine of the Faith.

§2. The Prefect of the Congregation presides over the Tribunal, as first among equals, and, in the event of vacancy or impediment of the Prefect, the Secretary of the Congregation fulfills the office.

§3. It is up to the Prefect of the Congregation to appoint other judges as well.

Art. 13

In all Courts, for the causes referred to in these Rules, they can validly fulfill the function of:

1 ° Judge and Promotor of Justice only priests with a doctorate or at least a license in canon law, of good morals, particularly distinguished by prudence and juridical experience;

2 ° Notary and Chancellor only priests of upright reputation and above all suspicion;

3 ° Faithful Advocate and Procurator with a doctorate or at least a license in canon law, who are admitted by the President of the College.

Art. 14

The Congregation for the Doctrine of the Faith can grant dispensation from the requirement of the priesthood in particular cases.

Art. 15

The President of the Court, having heard the Promotor of Justice, has the same power as set forth in art. 10 §2.

Art. 16

§1. Once the petition in another Court has been terminated in any way, all the acts of the case are to be sent to the Congregation for the Doctrine of the Faith as soon as possible.

§2. The accused and the Promotor of Justice of the Supreme Tribunal of the Congregation for the Doctrine of the Faith can appeal, within the peremptory term of sixty useful days from the publication of the sentence of first instance.

§3. The appeal must be filed before the Supreme Tribunal of the Congregation, which, except in the case of the assignment of the relevant office to another Tribunal, judges in the second instance the cases defined in the first instance by the other Tribunals or by the same Supreme Apostolic Tribunal in another collegiate composition.

§4. An appeal to the Supreme Court of the Congregation against the sentence is not admitted if it relates solely to the other crimes referred to in art. ninety two.

Art. 17

If, in the capacity of appeal, the Promotor of Justice brings a specifically different accusation, this Supreme Court can admit it and judge it, as if it were in the first instance.

Art. 18

The thing becomes final:

1 ° if the sentence was issued in second instance;

2 ° if the appeal has not been lodged within the term referred to in art. 16 § 2;

3 ° if, in the capacity of appeal, the application was perished or it was waived.

Title III

The extrajudicial process

Art.19

§1. If the Congregation for the Doctrine of the Faith has decided that an extrajudicial process must be initiated, cann. 1720 CIC or 1486 CCEO.

§2. With a mandate from the Congregation for the Doctrine of the Faith, perpetual expiatory penalties can be imposed.

Art. 20

§1. The extrajudicial process can be carried out by the Congregation for the Doctrine of the Faith or by the Ordinary or by the Hierarch or by their Delegate.

§2. Only priests with a doctorate or at least a license in canon law, of good morals, particularly distinguished for prudence and juridical experience, can fulfill the function of Delegate.

§3. According to the norm of can. 1720 CIC in this process, for the function of Assessor the requisites mentioned in can. 1424 CIC.

§4. Whoever carries out the survey cannot fulfill the functions referred to in §§ 2 and 3.

§5. According to the norm of can. 1486 CCEO, only priests with a doctorate or at least a license in canon law, with good morals, particularly distinguished for prudence and juridical experience, can fulfill the function of Promotor of Justice.

§6. Only priests of sound reputation and above all suspicion can perform the function of Notary.

§7. The offender must always make use of a lawyer or attorney who must be a faithful with a doctorate or at least a license in canon law, admitted by the Congregation for the Doctrine of the Faith or by the Ordinary or the Hierarch or their Delegate. If the offender fails to do so, the competent authority appoints one, which will remain in office until the offender has established his own.

Art. 21

The Congregation for the Doctrine of the Faith can grant exemptions from the requirements of the priesthood and academic qualifications referred to in art. 20.

Art. 22

Once the extrajudicial process has been completed in any way, all the acts of the case are to be sent as soon as possible to the Congregation for the Doctrine of the Faith.

Art. 23

§1. According to the norm of can. 1734 CIC, the Promotor of Justice of the Congregation for the Doctrine of the Faith and the offender have the right to request in writing the revocation or correction of the decree issued by the Ordinary or by his Delegate pursuant to can. 1720, 3 ° CIC.

§2. Only subsequently the Promotor of Justice of the Congregation for the Doctrine of the Faith and the offender, having observed the provisions of can. 1735 CIC, can make a hierarchical appeal to the Congress of the same Dicastery in accordance with can. 1737 CIC.

§3. Against the decree, issued by the Hierarch or by his Delegate ex can. 1486, § 1, 3 ° CCEO, the Promotor of Justice of the Congregation for the Doctrine of the Faith and the offender can make a hierarchical appeal to the Congress of the same Dicastery pursuant to can. 1487 CCEO.

§4. An appeal to the Congress of the Congregation for the Doctrine of the Faith against a decree is not allowed if it relates solely to the other crimes referred to in art. ninety two.

Art. 24

§1. Against the singular administrative acts of the Congregation for the Doctrine of the Faith in the cases of reserved crimes, the Promotor of Justice of the Dicastery and the accused have the right to lodge an appeal within the peremptory term of sixty useful days, to the same Congregation, which judges merit and legitimacy, eliminating any further appeal pursuant to art. 123 of the Apostolic Constitution Pastor bonus.

§2. The accused, for the presentation of the appeal referred to in § 1 must, under penalty of inadmissibility of the appeal itself, always make use of a lawyer who is a faithful, with a special mandate and provided with a doctorate or at least a license in canon law.

§3. For the purposes of its admissibility, the recourse mentioned in §1 must clearly indicate the petitum and contain the reasons in jure and in facto on which it is based.

Art. 25

The extrajudicial criminal decree becomes final:

1 ° if the term foreseen in can. 1734 § 2 CIC or that foreseen in can. 1737 § 2 CIC;

2 ° if the term mentioned in can. 1487 § 1 CCEO;

3 ° if the term referred to in art. 24 § 1 of these Rules;

4 ° if it has been issued by the Congregation for the Doctrine of the Faith pursuant to art. 24 §1 of these Rules.

Title IV

Final provisions

Art. 26

It is the right of the Congregation for the Doctrine of the Faith, in any state and degree of the procedure, to refer cases of particular gravity directly to the decision of the Supreme Pontiff regarding dismissal or deposition from the clerical state, together with the dispensation from the law of celibacy. referred to in Articles 2-6, when the offense has clearly been committed, after the offender has been given the faculty to defend himself.

Art. 27

It is the right of the accused, at any time, to submit to the Supreme Pontiff, through the Congregation for the Doctrine of the Faith, the request for dispensation from all charges deriving from sacred ordination, including celibacy and, if necessary, also from religious vows. .

Art. 28

§1. With the exception of complaints, processes and decisions regarding the crimes referred to in art. 6, the causes relating to the crimes regulated by these Norms are subject to pontifical secrecy.

§2. Anyone who violates the secret or, through willful misconduct or gross negligence, causes other damage to the accused or to witnesses or to those who are involved in the criminal case, at the request of the injured party or even ex officio, will be punished with appropriate penalties.

Art. 29

In these cases, together with the provisions of these Rules, the canons on crimes and penalties and on the criminal trial of one and the other Code must also be applied.

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