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Origins Date: 20020124 -- Issue: 31:32
Letter Explains New Norms for Vatican Handling of Certain Grave Offenses
Cardinal Joseph Ratzinger and Archbishop Tarcisio Bertone
Doctrinal Congregation/Clergy Sexual Abuse of Minors
Letter Explains New Norms for Church Handling of Certain Grave Offenses
New norms in which the Vatican Congregation for the Doctrine of the Faith takes
control over the church's handling of certain grave delicts - offenses - involving
the celebration of the sacraments or against morals, including the sexual abuse
of minors by priests, were promulgated in a brief apostolic letter titled "Sacramentorum
Sanctitatis Tutela" ("Protection of the Holiness of the Sacraments")
issued "motu proprio"("on his own initiative") by Pope John
Paul II. The "motu proprio" was published only in Latin in late December
in the Vatican's official bulletin of record, the Acta Apostolicae Sedis. It
reviewed some aspects of the history of church law to explain why certain cases
will be reserved to the doctrinal congregation. The pope said the norms are divided
into two parts, those dealing with the crime's substance and those dealing with
procedural matters. The norms themselves were not published, and Vatican sources
said the norms will be sent to local bishops on a case-by-case basis. However,
the norms were discussed and explained in a letter to the world's bishops and
heads of religious orders by the doctrinal congregation. An unofficial translation
of that letter, dated May 18, 2001, was obtained by Catholic News Service and
was the subject of a Dec. 5 news report. The letter says the new norms reflect
the doctrinal congregation's traditional "exclusive competence" regarding
graver offenses. The doctrinal congregation's letter explains that the new norms
require local bishops to report to the congregation probable cases of sexual
abuse by clergy against minors. The doctrinal congregation then could allow a
local diocese to handle the case under the new rules or the congregation could
take up the case in its own tribunal. The letter indicates that these cases will
be handled in strict confidentiality by an all-clerical court. The letter says
the norms consider anyone under 18 a minor, a wider definition than in the Code
of Canon Law, which speaks of minors below age 16. The Vatican norms under discussion
involve the handling of these cases under canon law and the imposition of church
penalties; civil law deals with such cases separately. In addition to sexual
abuse of minors by clergy, the doctrinal congregation's letter explains that
the norms concern offenses "against the sanctity of the sacrament of penance" and
offenses against the "eucharistic sacrifice and the sacraments," such
as "taking or retaining the consecrated species for a sacrilegious purpose
or throwing them away." In an interview Dec. 4, Archbishop Tarcisio Bertone,
secretary of the doctrinal congregation, said the new norms promote the church's
judicial process as the "normal way" to handle cases of clerical
sexual abuse against minors, but leave open the possibility of nontrial solutions
when
the accuser, accused and local bishop are in agreement and the facts are uncontested.
An unofficial translation of the doctrinal congregation's letter follows.
In order to fulfill the ecclesiastical law, which states in Article 52 of the
apostolic constitution on the Roman Curia, "[The Congregation for the Doctrine
of the Faith] examines delicts against faith and more grave delicts both against
morals and committed in the celebration of the sacraments which have been reported
to it and, if necessary, proceeds to declare or impose canonical sanctions according
to the norm of common or proper law,"(1) it was necessary first to define
the method of proceeding in delicts against the faith: This was accomplished
through the norms titled Agendi Ratio in Doctrinarum Examine, ratified and
confirmed by the supreme pontiff, Pope John Paul II, together with Articles
28-29 approved
in forma specifica.(2)
At approximately the same time, the Congregation for the Doctrine of the Faith,
through an ad hoc commission established, devoted itself to a diligent study
of the canons on delicts both of the Code of Canon Law and the Code of Canons
of the Eastern Churches in order to determine "more grave delicts both against
morals and in the celebration of the sacraments" and in order to make special
procedural norms "to declare or impose canonical sanctions," because
the instruction Crimen Sollicitationis, issued by the supreme sacred Congregation
of the Holy Office on March 16, 1962,(3) in force until now, was to be reviewed
when the new canonical codes were promulgated.
Having carefully considered opinions and having made the appropriate consultations,
the work of the commission finally was completed. The fathers of the Congregation
for the Doctrine of the Faith examined the commission's work carefully and
submitted to the supreme pontiff conclusions on the determination of more
grave delicts
and the manner of proceeding to declare or impose sanctions, with the exclusive
competence in this of the apostolic tribunal of this congregation remaining
firm. All these things, approved by the supreme pontiff himself, were confirmed
and
promulgated by the apostolic letter given motu proprio beginning with the
words Sacramentorum sanctitatis tutela.
The more grave delicts both in the celebration of the sacraments and against
morals reserved to the Congregation for the Doctrine of the Faith are:
-Delicts against the sanctity of the most august eucharistic sacrifice and
the sacraments, namely:
- Taking or retaining the consecrated species for a sacrilegious purpose
or throwing them away.(4)
- Attempting the liturgical action of the eucharistic sacrifice or simulating
the same.(5)
- Forbidden concelebration of the eucharistic sacrifice with ministers
of ecclesial communities which do not have apostolic succession
and do not recognize
the sacramental
dignity of priestly ordination.(6)
- Consecrating for a sacrilegious purpose one matter without the
other in the eucharistic celebration or even both outside a eucharistic
celebration.(7)
-Delicts against the sanctity of the sacrament of penance, namely:
- Absolution of an accomplice in sin against the Sixth Commandment
of the Decalogue.(8)
- Solicitation in the act, on the occasion or under the
pretext of confession, to sin against the Sixth Commandment
of the
Decalogue, if it is directed
to sin with the confessor himself.(9)
- Direct violation of the sacramental seal.(10)
-A delict against morals, namely: the delict committed by a cleric against
the Sixth Commandment of the Decalogue with a minor below the age of 18
years.
Only these delicts, which are indicated above with their definition, are
reserved to the apostolic tribunal of the Congregation for the Doctrine of
the Faith.
As often as an ordinary or hierarch has at least probable knowledge of a
reserved delict, after he has carried out the preliminary investigation he
is to indicate
it to the Congregation for the Doctrine of the Faith, which unless it calls
the case to itself because of special circumstances of things, after transmitting
appropriate norms, orders the ordinary or hierarch to proceed ahead through
his
own tribunal. The right of appealing against a sentence of the first instance,
whether on the part of the party or the party's legal representative, or
on the part of the promoter of justice, solely remains valid only to the
supreme tribunal
of this congregation.
It must be noted that the criminal action on delicts reserved to the Congregation
for the Doctrine of the Faith is extinguished by a prescription of 10 years.(11)
The prescription runs according to the universal and common law;(12) however,
in the delict perpetrated with a minor by a cleric, the prescription begins
to run from the day when the minor has completed the 18th year of age.
In tribunals established by ordinaries or hierarchs, the functions of judge,
promoter of justice, notary and legal representative can validly be performed
for these cases only by priests. When the trial in the tribunal is finished
in any fashion, all the acts of the case are to be transmitted ex officio
as soon
as possible to the Congregation for the Doctrine of the Faith.
All tribunals of the Latin church and the Eastern Catholic churches are bound
to observe the canons on delicts and penalties, and also on the penal process
of both codes respectively, together with the special norms which are transmitted
by the Congregation for the Doctrine of the Faith for an individual case
and which are to be executed entirely.
Cases of this kind are subject to the pontifical secret.
Through this letter, sent by mandate of the supreme pontiff to all the bishops
of the Catholic Church, to superiors general of clerical religious institutes
of pontifical right and clerical societies of apostolic life of pontifical
right, and to other interested ordinaries and hierarchs, it is hoped
not only that more
grave delicts will be entirely avoided, but especially that ordinaries
and hierarchs have solicitous pastoral care to look after the holiness
of the
clergy and the
faithful even through necessary sanctions.
Rome, from the offices of the Congregation for the Doctrine of the Faith,
May 18, 2001.
Cardinal Joseph Ratzinger
Prefect
Archbishop Tarcisio Bertone, SDB
Secretary
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