( 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
After this, the judge will ask him whether he should continue this process here and now as being legitimate or on the other hand does the accused have an exeption to make against it; whether he would be content to be assisted by a defender ex officio [from the tribuna] or whether he would wish to name his own defender for himself and, if he insits on some exeption, whether he wants perhaps to have the examination of the denunciators repeated.
If he gives an affirmative answer to the last question, or, if in some way he has some [fact] to offer in his own defence because of which the witness must be heared (as, moreover, if a serious and something unexpected difficulty comes up), the arraignment should be suspended. It should be reconvened after the denouncing persos have been examined once more or the witnesses have been eard. From these persons the judge will elicit new depositions, and, having formally made the [second] inquisition, formerly begins anew the arraignment.
The attestations of the denunciations have een taken care of, the text of the denunciations must be given to the promotor of justic, who will scritinize it and declare whether he has nay notes to make about it or whether there are new statements or new steps that ought to be taken.
At the end of each session there shall be read to the accused everything that has been presented and in written for is read to the accused by the notary, and, once the accused has approved and accepted these statements, together with any corrections, additions and erasures, if these are any, he will be invited to write his signature; and, having been gravely warned about keeping the secret, the accused will be dismissed. The notary will describe all of this in these words: “After having received and accepted all of this, the accused, before being dismissed, was warned about keeping the secret and before he was to leave, he was to sign in confirmation of what had been.”
After the accused respondent has signed, the notary will sign in this way: “these acts are signed by myself, N.N., notary (and if he has been authorized solely for this act: authorized only for this act)”. Then the indicting judge will sign.
Since, however, there is a need for not only one single arraignment session to bring the many matters to their successful completion, but for many sessions, each one of these sessions should be opened and closed in the same way. At each session, at the botom of every page, there should be the signatures of the accused, the notary and the judge, and, at the end of each session the judge wile cite te accused, indicating the date for the following session which the notary will note in this way: “Having been informed of and having accepted all of these matters, the accused has now been cited for the … day of the month of… to appear again, and he was dismissed after been admonished, etc.,” as above. However, in the following session the first question will be: whether to those things which were treated in the preceeding sessions the accused has anything to add, remove or correct on his own”, and, after his answer has been transcribed, the session will then be continued, from that point at which the previous interrogation ended.
N.B. -- It would be
superfluous to note that the judge, before he comes to the indictment,
must accurately subject the whole informative process to his examination,
--obviously all the denunciations both informal and formal and also of
the material not pertaining to the Holy Office; his examinations about
the morals and the veracity of the one denouncing, and the investigations
and information about the life, morals and good name of the one denounced,
plus love letters perhaps written by him, etc. -- so that the same judge
has at hand all the elements with which to weaken the denials of the accused;
and with which to rebut his arbitrary affirmations. From the potential
confessions of the accused he can force him to admin more matters.