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.
42. When the inquisitorial process has benn closed, the Ordinary, having heard the promotor of justice, should proceed as follows, namely: _____________________________________________________________________________________ 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;
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
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]. ++16++
_____________________________________________________________________________________ 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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