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 SOLICITATION
The Vatican Press, 1962
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INSTRUCTION

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.






he has been legitimately cited and is not present at some [parts of the ] acts, the acts indeed are valid, but afterwards [those acts] will be totally subject to his examination so that he is able to comment upon all of them either in words or in writing and to propose what he has judged to be necessary or opportune 
(Canon 1587).

      9.  It is fit that the notary, on the other hand, is present at all Acts under pain of nullity and to note down with his own hand or at least to affix his signature [to the aforesaid Acts]  (Canon 1558, $ 1).  Because of the special character of these procedures, however it is necessary for the Ordinary  to dispense from the presence of the notary, though because of a reasonable excuse in the acceptance, will be noted in its own place, of the denunciations and also in the expenditure of the degrees of attention or care expected of the notary in a given situation, as they say, in pursuing and examining the witnesses inducted [into the case].
 

    10.   Minor helpers are to be used for nothing unless it is absolutely necessary; and these are to be chosen, in so far as possible, from the priestly order; always, however, they are to be of proved faithfulness and mature without exception.  But it must be noted that, if, when necessity demands it, they can be nominated to accept certain acts, even if they are non -subjects living in another territory on Ordinary of that territory [ can ] be interrogated (Can. 1570, $ 2 ), observing, of course, all of the cautions treated as above and in Canon 1613.

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    11.   Because, however, what is treated in these cases has to have a greater degree of care and observance so that those same matters be pursued in a most secretive way, and, after they have been defined and given over to execution, they are to be restrained by a perpetual silence ( Institution of the Holy Office , February 20 , 1867, n. 14), each and everyone pertaining to the tribunal in any way or admitted to knowledge of the matters because of their office, is to observe the strictest ++77++ secret, which is commonly regarded as a secret of the Holy Office, in all matters and with all persons, under the penalty of excommunication latae sententiae, ipso facto and without any declaration  [ 0f such a penalty ] having been incurred and reserved to the sole person of the supreme pontiff, even to the exclusion of the Sacred Penetentiary, are bound to observe [ this secrecy ]  inviolably.  Indeed by this law the Ordinaries are bound ipso jure or by the force of their own proper duty. The other helpers from the power of their oath which they must always take before they undertake their duties.  And these, then, are delegated, are interpolated, and are informed in their absence by means of precept in the letters of delegation, interpellation, [or of] information, imposing upon them with express mention of the secret of the Holy office and the aforementioned censure.
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    12.   The aforementioned oath, the formula for which is to be found in the appendix of this instruction 
(Form A), must be used (by those, obviously, who will use it habitually, once for all; by those, however, who are deputed only for some determined piece of business or case, as often as required (toties quoties), in the presence of the ordinary or his delegate done upon the gospels of god (also by priests) and not otherwise and with the added promise of fulfilling faithfully their duty, to which, however, the excommunicated, mentioned above is not extended. There must be an avoidance, moreover, by those who are set over those involved in this cases, lest anyone be admitted to a knowledge of the matters from helpers, unless in some way a party or an office to be performed by that person necessarily requires a knowledge of these matters.
 
 

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