CRIMEN SOLICITATIONIS

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INSTRUCTION

On the manner of proceeding in cases of the crime of solicitation

(This text is) to be diligently stored in the secret archives of the Curia as strictly confidential. Nor is it to be published nor added to with any commentaries.

PRELIMINARIES

1. The crime of solicitation takes place when a priest tempts a penitent, whoever that person is, either in the act of sacramental confession, whether before or immediately afterwards, whether on the occasion or the pretext of confession, whether even outside the times for confession in the confessional or (in a place] other than that (usually] designated for the hearing of confessions or tin a place] chosen for the simulated purpose of hearing a confession. ( The object of this temptation) is to solicit or provoke (the penitent] toward impure and obscene matters, whether by words or signs or nods of the head, whether by touch or by writing whether then or after (the note has been read] or whether he has had with [that penitent] prohibited and improper speech or activity with reckless daring (Constitution Sacrum Poenitentiae, § 1).

2. [The right or duty of addressing] this unspeakable crime in the first instance pertains to the Ordinaries of the place in whose territory the accused has residence (V. below, numbers 30 and 31), and this not to mention through proper law but also from a special delegation of the Apostolic See; It is enjoined upon these aforementioned persons to the fullest extent possible, [in addition to their being] gravely encumbered by their own consciences, that, after the occurrence of cases of this type that they, as soon as possible, take care to introduce, discuss and terminate [these cases] with their proper tribunal.  However, because of. particular and serious reasons, according to the norm of Canon 247, 5 2, these cases can be directly deferred to the Holy Congregation of the Holy Office or be so ordered. Yet (the right of] the accused respondents ++6++ remains intact in any instance of judgment to have recourse to the Holy Office. ‘However, recourse thus interposed does not suspend, excluding the case of an appeal, the exercise of the jurisdiction of the Judge who has already begun to accept the case; and be can therefore be able to pursue the judgment up to the definitive decision, unless it has been established that the ApostoIic See has summoned the case to Itself (CU. Canon 1569).