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

    40.   [If the examination of these persons, who corroborate each other by positive evidence, and because of which examinations there exists [therefore] either an arrangement priest or another person weighed down [with some accusations],  then  the denunciations which are true and strictly speaking denunciations and all the3 rest of the information about these [denunciations] are pursued regarding the qualification of the crime, regarding the resumption of the preseding acts and of the resumption of the efforts to be taken in accordance with what is prescribed above.
 

    41.   Once, however, these matters are taken care of , the ordinary is to communicate the Acts to the promotor of justice , who will see now whether all the procedures [actions] have been performed correctly or not. And, if he thinks that there is nothing against their acceptance, he should declate the inquisitorial process closed.
 
     Chapter II  : Canonical Directive and the and the Admonition of the accused.

    42.   When the inquisitorial process has benn closed, the Ordinary, having heard the promotor of justice, should proceed as follows, namely:

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   a)      If it is evident that the denunciation totally lacks foundation, he should order this to be declared in the Act, and the documents of the accusation must be destroyed;
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   b)    If the indications of the crime are vague and indeterminate or uncertain, he should order that the same Acts be put into the archives to be taken up again if something else happens in the future;

   c) if, however, there are indications of a crime serious enough but not yet sufficient to institute an accusatorial process, as especially in the cases where only one of the denunciations are had, where, indeed, [the regular process was followed] with diligence but were not corroborated by any of insufficient proofs (cfr. n. 36), or even many [proofs]  but with uncertain procedures or procedures that are deficient, he should order that the accused be admonished, according to the different [types of]of cases (Formula M) the first or second [time?], paternally, seriously or most seriously, according to the norm of Canon 2307 
Adding, if necessary, an explicit threat of the trial process, should some other new accusation is laid upon [the accused]; the acts, as above, should be kept in the archives and in meantime a check should be kept on the morals of the accused ( Canon 1946, $ 2, n. 2): 

    d)   If then certain or at least probable arguments to institute the accusation are present, he should order the accused to be cited and be subjected to the matters [which are prescribed for this trial]. 

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    43.   The admonition, concerning which treatment is made in the proceeding number with the letter ( c ), is always to be given secretly; it can be done, however, through a letter or by an intermediary, but in each case, it must be clear from some document to be kept in the secret archives of the curia ( cfr. Canon 2309, $ 1 and 5 ), adding the information about the manner in which the accused accepted it. 

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    44.   If, after the same admonition, other accusations against the same accused take place concerning solicitations, preceding the admonition itself, the Ordinary should see, according to his own choice and conscience, whether the first admonition should be considered sufficient or wheter he should proceed to a new admonition or even to further measure (Ibidem, $ 6).

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