Penal Remedies

Penal Remedies

Penal Remedies in the Old Code of Canon Law

In canon law, Penal remedies were the following (Canon 2306):

  • monition,
  • correction,
  • precept,
  • surveillance.

In 1918, in the book “A Commentary and Summary of the New Code of Canon Law”, the author, Rev. Stanislaus Woywod wrote (references were to the old Code of Canon Law, no the 1983 Code of Canon Law):

  • The Ordinary shall admonish a person who stays in proximate occasion of committing an
    offence, or against whom there is a grave suspicion of having committed an offence, after inquisition by the Ordinary has preceded. The monition may be tendered either by the Ordinary in person, or by another person delegated by him. ( Canon 2307. )
  • If by the conduct of some person scandal or grave disturbance of order arises, reproof is to be given by the Ordinary or his delegate, which may also be done by letter. The reprimand is to be accommodated to the peculiar circumstances of the person, as well as to the fact in question. (Canon 2308)
  • The monition as well as the reprimand may be either public or secret. (1)(2) The judicial reprimand either takes the place of punishment, or is given to increase the punishment, especially when there is question of a recidivus. (3)
  • If monitions and reprimands have been given without producing results, or if no effect can be hoped to be secured by them, a precept should be issued in which is to be accurately indicated what the person in question is to do and to avoid, together with the threat of the penalty in case of transgression. (Canon 2310.)
  • If the gravity of the case demands it, and especially if there is question of a person who is in danger of relapsing into the same crime, the Ordinary may subject him to surveillance. Surveillance may also be prescribed for the purpose of increasing the punishment, especially against recidivi. (Canon 2311.)

Resources

Notes

  1. The public reprimand or monition is to be given either before a notary of the ecclesiastical Curia, or before two witnesses, or by letter, in such way that the receipt of the letter as well as of its contents can be proved by some document. If sent by letter, the notary should make an exact copy of the letter which was mailed, and which he should keep for future reference in proof of the contents of the monition, and proof of receipt of the letter in the form of the return receipt of the registered letter is also to be kept.
  2. A public reprimand can be given only to a guilty party who has been convicted of the offence or has confessed to it; it is judicial, if given by the judge in court, or by the Ordinary before the criminal trial commences.
  3. If the monition and reprimand were given secretly, proof of the same must nevertheless be had by some document, which is to be preserved in the secret archives of the Curia. The reprimand as well as the monition may be given either once or repeatedly, according to the prudent judgment of the superior. (Canon 2309.)

See Also

  • Penal Servitude
  • Infamy of Law
  • Tribunals of the Roman Curia
  • Delegated Jurisdiction
  • Rescripts
  • Dispensation
  • Forwarder’s Receipt
  • Ecclesiastical Laws
  • Remedies
  • Flagrante Delicto

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