CRIMEN SOLICITATIONIS

     28.   If, on the other hand, the Ordinary and the promoter of justice agree together, or in some way the promoter of justice does not make his recourse to the Holy Office, then the Ordinary, if he has decreed that the specific delict of solicitation was not present, should order the Acts to be put in the secret archives, or he should use his right and duty according to the nature and gravity of the things that have been denounced.  If , however, he believed that they were present, then he should proceed to the inquisition (Cfr. Can. 1942, $ 1).
 
 

    29.   When the knowledge concerning the crime of solicitation is known, first through the denunciations, a special inquisition must be pursued “so that is may become clear whether and on what foundation the imputation rests” (Canon 1939, $ 1); and this by the fact even more so, since a secret, and direct testimonies concerning [solicitation], especially from the hurt party, can only rarely be obtained.

Once the inquisition is open, and if the denounced priest is a religious,  the Ordinary can prevent him from being transferred before the conclusion of the process.

For the most part, there are three areas which such an inquisition must cover, and they are:

a) the past history of the denounced
b) the consistency of the denunciation
c) other persons solicited by the same confessor or, however conscious of the crime, whether any of them, as not rarely happens, have been persuaded [to make the denunciation] by those denouncing.

    30.   Therefore, as to what pertains to the first letter  (a) , the Ordinary at the same time as he has accepted some denunciation of the crime of solicitation, if the one denounced, whether from the secular clergy or is a regular (cfr. n. 4), with residence in his territory, should try to find out from the archives whether other accusations against him are on record, even of a different type; and, if by chance he had previously been living in other territories, he should seek, even from the respective Ordinaries, and, if [he is a] religious, also from the regular superiors, whether they have anything which can aggravate the situation in any way.  But he will accept  these documents, referring to them in the Acts as accumulated together whether for a judgement, by reason of content [continental] or association of causes [connexcio] 
(cfr. Canon 1567), and thus all the matters will be brought forward together; ++3++or for the establishment and consideration of an aggravating circumstance of recidivism according to the sense of Canon 2208.

    31.   If the whole matter concerns a denounced person who does not have residence in his territory, the Ordinary should transmit all the acts to the Ordinary of the one who has been denounced, or, if he does not know who this might be, [he will transmit all the acts] to the Supreme Holy Congregation of the Holy Office, reserving the right, in the meanwhile, to deny to deny to the denounced priest the faculty of exercising the ecclesiastical ministries in his own diocese or of revoking them already by chance concede to him, in the event that he approaches [the Ordinary for these faculties] or returns [ to the diocese of the Ordinary].

    32.   As to what pertains to the second letter (b) , the importance of each denunciation, of their qualities and of the circumstances must be weighed seriously and accurately so that it is evident how they themselves merit belief. It is not sufficient that [this be done] in any way whatsoever , but it  is necessary that this become known by means of an established and a judicial form; this customary is signified in the tribunal of the Holy Office by the phrase “diligentias peragere” [to undertake all the required formalities].