( 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
45. It is the right of the Promoter of Justice to appeal and to have recrecourse for a accused against the canonical prescriptions of this kind to the holy congregation of the Holy Office within ten days from their dissemination or intimation. In this case, the acts of the case will have to be transmitted to the same Holy Congregation according to the prescription of Canon 1890.
46. These cations, however, even if put into effect, do not extinguish the penal action. And therefore, when other accusations by chace take place, a method will be followed concer ning these matters which also have given cause to the said canonical instructions.
Chapter III - The decrees for the accused persons
47. When once there is a sufficiency to institute an accusation, as was said above in number 42 ( d ), arguments should be made openly, and the Ordinary, having heard the promotor of justice and having observed everything, in so far as the particular nature of those cases allowes, which is stated concerning the citation and denunciation of judicial acts in book IV, Title VI, Chapter II, of the code, shall issue a decree ( Formula 0 ) concerning the accused in the presence of the Ordinary or before a judge delegated by himself (cfr. N. 5 ), citing [him] for crimes introduced and brought against him, which in the form of the Holy Office are said in unclassical parlance “ Reum constitutes subiicere” [ to subject the accused to indictment ] ; and he will take care to bring his information to the accused himself in accordance with canonical principles.
48. The judge should paternally and gently exhort the accused, who has now been cited, when he appears, and before the indictments are formally begun, to confession, and, when he has consented to these exhortations, the judge, having summoned the notary or ++17++even, if he has found it more opportune (cfr. N. 9) without his intervention, can receive the confession.
49. In this case, if the confession if found corroborated by the acts and substantially complete, a vow first having been taken, the promoter of Justice puts the case in writing, omitting the other formalities ( see below, in Chapter IV), and he will be able to conclude [all of this] with a definite decision, having given, however, to the accused the option of accepting the decision itself or the petitioning to have the regular and complete process carried out to the end.
50. If, however, on the other hand, the accused has denied the crime, or has made a confession that is not substantially integral, or has summarily refused the decision in view of his confession, the judge, with the notary present, should read him the decree by which he declares, concerning which paragraph 47 speaks, and the deliberations are then open.
trial opened, the judge can, having heard the Promoter of Justice according
to the mind of Canon 56 1956 , suspend the accused respondent either from
exercising any sacred ministry at all or only from hearing the sacramental
confessions of the faithful up until the time of the judgment. If,
however, by chance he thinks that [ the accused ] can impose fear upon
the witnesses or secretly instigate them [to thwart the trial] or in any
way impede the course of justice, he can also, having also heard the promoter
of justice, order that he go to a predefined location and remain there
under special vigilance (Canon 1957). And, on the other hand, [however],
each decree of this type is not given a remedy in law (Canon 1958).