( 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
Way of Indicting
N.B., according to the norm of article
52 he is not to bind the accused to take an oath to tell the truth.
Interrogated about his
name, family name, parents. Homeland, age, condition, etc.
Whether he knows or perhaps imagined the reason of his having been summoned?
If the answer according to this interrogation has been affirmative, the judge will invite the accused to explain everything separated and sincerely; otherwise, he will admonish him gravely, in order that, having been stricken by his own conscience, he would say whether perhaps he felt that he was burdened by any crime. And, if he then should respond affirmatively that he, as above, will invite him to confess his own fault with appropriate humility and sincerity, expressing the names of those who were delinquent with him and the words or facts and other circumstances of the matter which constitute the matter and individuality of the impetrated crimes.
And because it is difficult
for him to be able to remember everything
The judge will formally receive, or if it is given in writing, he will accept from his hands the notebook in which it is contained and give it to the notary who will make a note of the matter, for example, in this way: The accused gave [me] a notebook [containing] his confession, as he asserted, having done it in writing, which began… (he will note the first word of the document), and finished with… (he will note the last words), and with I, accepting it, sign with the letter A (he marks the page with this or other letter of the alphabet) and I put it into the Acts.” This method must be observed always as often as any document of any type received from the accused has to be inserted into the Acts.
After these, the directing judge will compare the confession that has been made either verbally or in writing with the denunciations existing in the Acts, and, if he will find in it nothing that is omitted or left out, having omitted the affirmations, he shall proceed to the last questions; if, however, he finds anything in these which the accused either did not confess at all or lacked integrity in confession, he will only make mention of it, as will stated below.
If, however, the matter
still remains negative against the accused, the judge will interrogate
him further whether he knows against what delicts the supreme tribunal
is proceeding; if he does not know, he will enumerate the crimes of this
type (heresy, solicitation to grave matter, the worst crime [of pediastry
, the violation of the seal etc.) Then he will ask him whether
he impetrated any of these crimes: if he responds affirmatively, he will
invite him to a spontaneous confession, as before, otherwise he will read
to him the decree by which a mandate has been issued that he be indicted.