( 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
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).
Chapter 1 - The Inquisition
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
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]
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].