( CRIME OF SOLICITATION )
FROM THE SUPREME AND HOLY CONGREGATION OF THE HOLY OFFICEFOR ALL PATRIARCHS, ARCHBISHOPS, BISHOPS AND OTHER DIOCESAN ORDINARIES
“EVEN OF THE ORIENTAL RITE”
ON THE MANNER OF PROCEEDING IN CASES OF SOLICITATION
The Vatican Press, 1962
On the manner of proceeding in cases of the crime of solicitation
(This text is) to be diligently stored in the secret archives of the Curia as strictly confidential. Nor is it to be published nor added to with any commentaries.
3. By the name of Ordinaries of the place are understood to be, each for his own territory, the residential bishop, abbot or prelate nullius, the administrator, any vicar or Prefect Apostolic, (and, in the absence of these aforementioned (dignitaries), those who succeed then in power in the meanwhile by the prescription of law or from approved constitutions (Canon 198, 5 1) (This norm does not apply], however, to the vicar general, except from his [having been] specially delegated.
4. The Ordinary of the place in these cases
is the judge even for regulars (religious], even though exempt. It is indeed
strictly prohibited for their superiors to interpose themselves in cases
pertaining to the Holy Office
5. The Ordinary of the place can either supervise these cases himself or commit their acceptance to an ecclesiastic who is serious and of a mature age. But (they may not (commit such cues] on an habitual basis or for the entire group of these cases, but must delegate as often as needed (toties quoties) for cases taken singly and through writing, saving the prescription of Canon 1613, $ 1.
6. Although, as a rule, a single judge, by reason of its secrecy, is prescribed for cases of this type, it is not forbidden, however, for the Ordinary in the more difficult cases to approve one or two assessors and counsellors, selected from the synoda3. judges (Canon 1575) or even to three judges, likewise chosen from the synodal judges, to band over the case to the judges to be handled with the mandate of proceeding collegially according to the norm of Canon 1577.
7. The promoter of justice, the defender of the accused and the notary, priests who are fittingly serious, of mature age, of integrity, doctors in. canon ++7+tlaw or otherwise skilled (in canon law] and worthy because of their zeal for justice (canon 1589), and not found to be at any disadvantage toward the accused, which Canon 1613 treats, are to be nominated in writing by the Ordinary. The promoter of justice, however (who can be different from the promoter of justice of the Curia) (can be appointed] for the entire series of cases. The defender of the accused, however, and the notary are to be appointed each time for each case -(toties guoties). Nor is the accused prohibited from proposing a defender seen as favorable to him (Canop 1655), who, however, is to be a priest and approved by the Ordinary. -
8. Sometimes (this refers to his own location),
the intervention (of the promoter of justice] is required, and, in the
case where he has not been cited, unless by chance even if not cited he
is still present (at the process], the Acts must be considered (totally]
invalid. But, if, however,