CRIMEN SOLICITATIONIS

( CRIME OF SOLICITATION )

FROM THE SUPREME AND HOLY CONGREGATION OF THE HOLY OFFICE

FOR ALL PATRIARCHS, ARCHBISHOPS, BISHOPS AND OTHER DIOCESAN ORDINARIES 
 “EVEN OF THE ORIENTAL RITE”
ON THE MANNER OF PROCEEDING IN CASES OF

    b)   Upon the accused convicted he who has confessed, moreover, there should be impose a abjuration, according to the different cases, if there is a light or strong suspicion of heresy into which because the nature of the crime soliciting priests fall into, or even of formal heresy if by chance the crime of solicitation has been joined to false dogma.

    c)   Those who are in danger of falling back [into their formal ways], and therefore of becoming greater recidivists should be submitted to particular vigilance (Canon 2311). 

    d)   As often as, in the prudent judgement of the Ordinary, it seems necessary for the amendment of the delinquent, for the removal of the near occasion [of soliciting in the future], or for the prevention of scandal or reparation for it, there should be added a prescription for a prohibition of remaining in a certain place (Canon 2301). 

    e)   Then, when concerning the absolution of an accomplice, as this is outlined in the constitution Sacramentum Poenitentiae, there  is no indication at all in the external forum, and, therefore, of the sacramental seal, there can be reason to add at the end of the condemnatory sentence an admonition to the accused that, if he has by chance absolved his accomplice, he should quiet his conscience by having recourse to the sacred Penitentiary.

    65.   According to the norm of Canon 2236, $ 3, all of these penalties, as they have been applied once by the judge ex officio, cannot be remitted except by the Holy See through the Supreme and Sacred Congregation of the Holy office.

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TITLE IV

OFFICIAL COMMUNICATIONS

    66.   Whenever an Ordinary immediately accepts a denunciation of the crime f solicitation, he should not omit telling this to the Holy Office. And if by chance treats of a priest  whether seculer or religious having residence in another territory, he should transmit a the same time (as already has been stated above, n. 31) to the Ordinary of the place , where the denounced is actually staying, or, if the address is not known, he should sent to the Holy office an authentic copy of the denunciation itself with the procedures, in the best manner possible, with the opportune information and declaration.

 -  67.   Any Ordinary who has proceeded correctly against some priest who is soliciting, should not omit informing the Holy Congregation of the Holy office, and, if it is a matter in which a religious is involved, also the general Superior concerning the outcome of the case. 

    If any priest condemned of the crime of solicitation from hearing sacramental confessions but not from sacred preaching happens to go to another territory to preach, the Ordinary a quo should immediately warn the Ordinary ad quem of the things that preceded that person and of his judicial status.

    69.   If any priest suspended in a case of solicitation from hearing, sacramental confessions but not from sacred preaching happens to go to another territory to preach, the Ordinary of this territory should be reminded by the prelate of the accused, whether secular or religious, that he cannot be utilized for hearing sacramental confessions.
 
 

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