( 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
13. The oath of keeping the secret must be given in these cases also by the accusers or those denouncing [the priest] and the witnesses. To none of these, however, is there subjection to the censure, unless by chance toward these same persons some censure has been expressly threatened upon the person himself, for his accusation, his deposition of his violation (Excussionis?) [of such] by act. The accused, however, should e most seriously warned that even he, with all [the others], especially when he observes the secret with his defender, is under the penalty of suspension adivinis in case of transgression to the incurred ipso facto.
14. Finally, as for the publishing, the language, the confirmation, the custody of and the accidental nullity, in every way [these matters] must be observed which are prescribed by Canons 1642-43, 379-80-82 and 1680 respectively.
THE FIRST KNOWLEDGE OF THE CRIME
15. Since the crime of solicitation takes place in rather rare decisions, lest it remain occult and unpunished and always with inestimable detriment to souls, it was necessary for the one person, as for many persons, conscious of that [act of solicitation], namely, the solicited penitent, to be compelled to reveal it through a denunciation imposed by positive law. Therefore:
16. “According to the
Apostolic constitutions and especially of the constitution of Benedict
XIV Sacramentum Poenitentiae of June 1, 1914, the penitent must denounce
the accused priest of the delict of solicitation in confession within a
month to the Ordinary of the place or to the Holy Congregation of the Holy
office; and the confessor must, burdened seriously in conscience, to warn
the penitent of this duty.”
17. Moreover, according to the mind of Canon 1935 anyone of the faithful can always denunouce the delict of solicitaion, of which he will have had a certain knowledge; also, the obligation of denunciation urges as often as the person is bound to it from the natural law itself because of the danger to faith or religion or other imminent public evil.
18. The faithful, however, who knowingly have disregarded the obligation to denounce the person by whom he was solicited, against the prescription (related above) of Canon 904, within a month, falls into a excommunication reserved latae sentential, not to be absolved unless after he has satisfied the obligation or has promised seriously that he would so” (Can. 2386, $ 2).
19. The duty of denunciation is a personal one and is to be fulfilled regularly by the person himself who has been solicited. But if he is prevented by the most serious difficulties from this, then either by letter or by another favourale to him should approach the Ordinary or the Holy Congregation of the Holy Office or the Sacred penitentiary, revealing all the circumstances (Instruction of the Holy office, February 20, 1967, n. 7).
denunciations generally must be rejected. However, they can have supportive
force or give the occasion for further investigations, if the particular
circumstances of the matters involved render an accusation probable (Cfr.
Can. 1942, § 2).