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This paper introduces the penal process in the Church addressing the gravest delicts committed against morals. This has undergone certain modifications in recent years along with the precepts of the penal law of the Slovak Republic concerning these kinds of delicts. Of great importance in this context was the Second Vatican Council, the Code of Canon Law promulgated in 1983 and the Code of Canons of the Eastern Churches that came into force in 1991. Responding to a series of scandals of a sexual nature surrounding clerics that were exposed towards the end of the last century, the Church adopted serious modifications to the penal law. The most significant reform was introduced during the pontificate of John Paul II who issued an apostolic letter Motu proprio Sacramentorum sanctitatis tutela in 2001. In 2010, Pope Benedict XVI revised the original text of the De gravioribus delictis and modified some of its sections. Pope Francis continued in the reform by issuing an apostolic letter Motu proprio Come una madre amorevole in 2016 in which he introduced the possibility of removing bishops from ecclesiastical office for negligence in relation to cases of sexual abuse. The reform initiative of the Apostolic See is primarily aimed at securing justice in the Church and safeguarding the faithful from immoral acts of the clergy. In addition, these reforms seek to maintain the high credit of the priestly vocation amongst God’s people by placing a great emphasis on the moral integrity of the ministry in line with Christ’s teaching.
Content available remote Pojem církve sui iuris v současném církevním právu
This article is a further contribution to the clarification of the concept of the Church sui iuris. It provides a brief overview of its development from the MP Postquam apostolicis litteris (1952) to the valid Code of Canons of Oriental Churches (CCEO) of 1990 and provides an analysis of the canon 27 CCEO which defines the concept of Ecclesia sui iuris. The second part of the article offers an overview of the Eastern Catholic Churches, as contained in the latest edition of the Pontifical Yearbook Annuario Pontificio, and also briefly assesses the canonical status of the Apostolic Exarchate in the Czech Republic. The reality of the Eastern Catholic Churches is extremely diverse and still under development and consequently the application of canon 27 CCEO is not always entirely clear. All the Eastern Catholic Churches are, however, according to the Second Vatican Council, of equal dignity and enjoy the same rights (OE 3).
Studia theologica
tom 14
nr 3
The article initially mentions the main features of the oriental penal canon law and its differences from the Latin penal canon law: the main and unique goal of the penalty in the CCEO is the remedy of the delinquent. The other differences are the following: penalties latae sententiae do not exist in the oriental penal canon law; the principle of legacy is strictly required as a defense against arbitrariness; there are no retaliatory penalties, on the contrary, all the penalties are remedial or censurae. However, the main scope of the article is the presentation of two penalties: the penalty of dismissal from the clerical state and the degradation to the lower grade. While the penalty of dismissal in the CCEO corresponds to the Latin regulation in the CIC, the penalty of degradation is typically oriental and has no parallel in the Latin code. The way in which this penalty is contained in the oriental ecclesiastic tradition is illustrated by examples of facts of the crimes penalized by the Apostolic canons and by the canons of the Council in Trullo with degradation.
Content available remote Ekonomie v kánonech východní tradice
The aim of this article is to acquaint the readers with the conception of economy in the Canons of the Eastern Tradition. First of all the concept of akribeia (canonical accuracy, the summary of the Eastern Tradition) is briefly clarified, from which economy is a release. It is an exception of the rules. The article concentrates on canonical economy. Even though economy is not defined, its usage is governed by certain rules. The common principle for the usage of economy and akribeia was set by the 88th Canon of the Council in Trullo and it is redemption and salvation. There were some thoughts about establishing the common principle of economy also for the Eastern Catholic Churches when the Code of Canons of the Eastern Churches (CCEO) was being prepared, but in the end this was unsuccessful. Further on the article deals with the application of economy in marriage (civil marriage, marriage between relatives), especially in the relation with divorces and second and third marriages. Economy is and was exercised not only in the cases of adultery (Mt 19,9), but also because of other reasons (e.g. murder and elopement). At the end of the article the author presents some Catholic authors, who tried to bring the usage of economy into the Catholic practice.
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