1983 Code of Canon Law
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The 1983 Code of Canon Law (abbreviated 1983 CIC from its Latin title Codex Iuris Canonici), also called the Johanno-Pauline Code,
History
Background
The current Code of Canon Law is the second comprehensive
Pope John XXIII, when proclaiming a new ecumenical council for the Catholic Church, also announced the intention of revising the 1917 CIC.[3]
Work
The Pontificia Commissio Codici iuris canonici recognoscendo, which had been established in 1963, worked on revising the 1917 Code of Canon Law through the pontificate of
Sacræ disciplinæ leges
Sacræ disciplinæ leges Latin for 'Sacred disciplinary laws'Apostolic constitution of Pope John Paul II | |
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Signature date | 25 January 1983 |
Subject | Promulgation of the 1983 Code of Canon Law |
Text | |
On 25 January 1983,
In an address given on 21 November 1983 to the participants in a course at the
Official language
While there have been many vernacular translations of the 1983 Code, only the original Latin text has the force of law.[9]
Ecclesiological inspiration of the 1983 code
The Vatican II decree
The instrument, which the Code is, fully corresponds to the nature of the Church, especially as it is proposed by the teaching of the Second Vatican Council in general, and in a particular way by its ecclesiological teaching. Indeed, in a certain sense, this new Code could be understood as a great effort to translate this same doctrine, that is, the conciliar ecclesiology, into canonical language. If, however, it is impossible to translate perfectly into canonical language the conciliar image of the Church, nevertheless, in this image there should always be found as far as possible its essential point of reference.
Thus the 1983 Code is configured, as far as possible, according to the "mystery of the Church", the most significant books – Two, Three and Four – corresponding to the munus regendi, the munus sanctificandi, and the munus docendi (the "missions" of governance, of worship/sanctification, and of teaching) which in turn derive from the kingly, the priestly and the prophetic roles or functions of Christ.[10]
Structure in detail
The 1983 Code of Canon Law contains 1752 canons,[11] or laws, most subdivided into paragraphs (indicated by "§") and/or numbers (indicated by "°"). Hence a citation of the Code would be written as Can. (or Canon) 934, §2, 1°.[12]
Subdivisions
The Code is organized into seven Books, which are further divided into Part, Section, Title, Chapter and Article. Not every book contains all five subdivisions. Organized hierarchically, the subdivisions are
- Book (Bk.)
- Part (Pt.)
- Section (Sec.)
- Title (Tl.)
- Chapter (Ch.)
- Article (Art.)
- Chapter (Ch.)
- Title (Tl.)
- Section (Sec.)
- Part (Pt.)
Most of the Code does not utilize all these subdivisions but one example is
- "Book II. The People of God;
- Part II. The Hierarchical Constitution of the Church;
- Section II. Particular Churches and Their Groupings;
- Title III. The Internal Ordering of Particular Churches;
- Chapter II. The Diocesan Curia;
- Article II. The Chancellor, other Notaries and the Archives."
- Chapter II. The Diocesan Curia;
- Title III. The Internal Ordering of Particular Churches;
- Section II. Particular Churches and Their Groupings;
- Part II. The Hierarchical Constitution of the Church;
The basic unit of the Code is the canon. Its subdivisions appear as
- Canon (Can.)
- Paragraph (§, e.g. §2)
- Number (°, e.g. 3°)
- Paragraph (§, e.g. §2)
Some canons contain "numbers" without "paragraphs", while most canons contain "paragraphs", and most "paragraphs" do not contain "numbers".
Outline
This is the outline of the seven books of the 1983 Code of Canon Law.
- Book I. General Norms (Cann. 1–203)
- Explains the general application of laws
- Book II. The People of God (Cann. 204–746)
- Goes into the rights and obligations of laypeople and clergy, and outlines the hierarchical organization of the Church
- Book III. The Teaching Function of the Church (Cann. 747–833)
- Christian ministry, missionary activity, education, and social communication
- Book IV. The Sanctifying Function of the Church (Cann. 834–1253)
- Sacraments and other acts of worship; places of worship; feast-days and fast-days
- Book V. the Temporal Goods of the Church (Cann. 1254–1310)
- Ownership, contracts, and wills; akin to the civil Business Law
- Book VI. Sanctions in the Church (Cann. 1311–1399)
- Crimes and punishment
- Book VII Processes (Cann. 1400–1752)
- Procedural law; trials and tribunals; special processes; penal procedures; administrative procedures
Summary
Book I. General Norms (Cann. 1–203)
This part of the Codex contains the general rules concerning
- legal sources
- physical and juridic persons
- governance and offices
- the computation of time
Legal sources are laws (including custom as a special way of legislation because of the need of the approval of the legislator), which contain universal regulations, general decrees (legislative or executory), instructions and statutes which refer to a special group, and in case of statutes are legislated by this group itself, and administrative acts, which only decide single cases.
Persons are
The Codex specifies conditions for the validity of a juridical act, especially in relation to form, coercion, misapprehension and lack of participation.
Legal power is divided into the three authorities of legislative, executive and judicial. The ability to conduct juridical acts can be attached to an office or it can be delegated to a person. Appointment and loss of ecclesiastical office are regulated.
Time regulates prescription, which goes along with the national regulations, but can only be achieved in good faith, and definitions of time.
Book II. The People of God (Cann. 204–746)
Book two describes the "People of God". It discusses the general rights and obligations of members of the church, and then discusses the ordering of the church, from the Holy See to the local parish.
The hierarchical constitution of religious and secular institutes and societies of apostolic life is shown to a degree adequate to explain the scope of applicability of the regulations of part two. A religious institute is a society in which members, according to proper law, pronounce public vows. This book is divided into three parts:
- The Christian faithful
- The hierarchical constitution of the church
- Institutes of consecrated life and societies of apostolic life.
The Christian faithful shows the obligations of the faithful in common, those of the lay and those of the sacred ministers or clerics with special consideration of the formation and incardination and excardination of clerics and personal prelatures. Furthermore, the associations of the Christian faithful especially their recognition as a juridic person are constituted, divided in public, private associations and those of the lay.
Part II is entitled, "The Hierarchical Constitution of the Church". This part describes the composition, rights and obligations of the Supreme Authority of the Church, consisting of the
. A secular institute is an institute of consecrated life in which the Christian faithful, living in the world, strive for the perfection of charity and seek to contribute to the sanctification of the world, especially from within. Societies of apostolic life do not use a vow.Book III. The Teaching Function of the Church (Cann. 747–833)
Book III describes the teaching function of the church. The forms of teaching are the ministry of the
Book IV. The Sanctifying Office of the Church (Cann. 834–1253)
In book four, the function of the church and its religious acts are explained. This book is composed of three parts:
- the sacraments
- the other acts of divine worship
- sacred places and times
The sacraments are baptism, confirmation, the most holy Eucharist, penance, anointing of the sick, holy orders and marriage. These sacraments are described with conditions, ceremony and participants.
Other acts of divine worship are sacramentals, the
Sacred places are those which are dedicated for divine worship or for the burial of the faithful. The Code knows five kinds of sacred places: churches,
Book V. The Temporal Goods of the Church (Cann. 1254–1310)
This part of the Corpus Juris is the regulation of the civil law.[clarification needed] There are instructions concerning the acquisition and administration of goods especially the acquisition by bestowal either through an act inter vivos or through an act mortis causa and contracts with special care of alimentation.
Book VI. Sanctions in the Church (Cann. 1311–1399)
Book VI contains the canonical equivalent to secular criminal law. The book has two parts:
- Delicts and penalties in general
- Penalties for individual delicts
The first part declares the necessity of a violation of a law and shows the limits and requirements of such a penal law. It determines reasons, which eliminate the punishment as lack the use of reason, nonage (less than seventeen years), mistake in law or facts, missing causality or intent and self-defence. It also describes social cases as complicity, wilful default and attempt. Possible penalties are
The canon 1374 made implicit ant reference to the penalty of excommunication for Freemasons,
The second part shows individual delicts, divided into delicts against religion and unity of the church, those against ecclesiastical authorities and the freedom of the church, those against special obligations, those against human life and freedom, usurpation of ecclesiastical functions and delicts in their exercise, and the crime of falsehood. In addition to these cases (and those stated in other laws) the external violation of a divine or canonical law can be punished when the special gravity of the violation demands punishment and there is an urgent need to prevent or repair scandals.
2021 revisions
The Catholic Church updated Book VI of its 1983 Code of Canon Law in June 2021 (taking effect on 8 December 2021) for clearer rules on numerous offences, including sexual ones. The revision was the result of a long process commenced in 2009 to better prevent and address
In Catholic theology, the Decalogue (or Ten Commandments) are numbered so that the sixth commandment is "Thou shalt not commit adultery". The Catholic Church's interpretation of the sixth commandment is much broader than just adultery (extramarital sex), and concerns a set of offences against chastity. The revised provisions on sexual offences are derived from this broad interpretation of the sixth commandment. The provisions in canon 1395 §3 are coercion-based, as they require evidence of the use of 'force, threats or abuse of his authority'. Canon 1398 §1 describes sexual offences in which the victim was deemed incapable of consenting (because of 'habitually [having] an imperfect use of reason'). There is no freely given sexual consent for people deemed incapable of consenting.[18]
Book VII. Processes (Cann. 1400–1752)
Book VII contains the legal procedure. It is divided into five parts.
- Trials in general
- The contentious trial
- Special processes
- The penal process
- The method of proceeding in hierarchical recourse and in the removal or transfer of pastors
Part I
The first part trials in general defines the court system, its two local instances and the
Part II
The contentious trial begins with the introductory libellus of litigation and the citation and notification of juridical act. The joinder of the issue occurs when the terms of the controversy are defined by the judge, through a decree of the judge. Further on, this part explains the trial of the litigation, especially the absence of a party, the intervention of a third person and the proofs. There are six kinds of proof: declarations of the parties, documents, testimonies, experts, judicial examination and inspection, and
Part III
Part three defines special processes and their special regulations, the process for declaring the nullity of marriage, cases of separation of spouses, process for the dispensation from a marriage ratum sed non consummatum, the process in the presumed death of spouses, and cases for declaring the nullity of sacred ordination. This part also shows methods of avoiding trials.
Part IV
Part four shows the proceedings of the penal process, with the preliminary investigation, the trial, and the adhesive procedure.
Part V
The last part shows the methods of proceeding in administrative recourse, which can be made by any person who says he was aggrieved by a decree, and the removal or transfer of pastors with display of the reasons for the removal or transfer.
The final canon, 1752, ends with the
Amendments
After the promulgation of the 1983 Code of Canon Law, popes have amended it several times.
Ad tuendam fidem
On 18 May 1998 Pope John Paul II issued the motu proprio Ad tuendam fidem, which amended two canons (750 and 1371) of the 1983 Code of Canon Law and also two canons (598 and 1436) of the 1990 Code of Canons of the Eastern Churches, so as to add "new norms which expressly impose the obligation of upholding truths proposed in a definitive way by the Magisterium of the Church, and which also establish related canonical sanctions."[19]
Omnium in mentem
On 26 October 2009
Mitis Iudex Dominus Iesus
On 15 August 2015
De concordia inter codices
On 31 May 2016, Pope Francis issued the motu proprio
Magnum principium
On 3 September 2017 Pope Francis issued the motu proprio Magnum principium, which amended one canon (838) to grant episcopal conferences authority over liturgical translations.[25]
Communis vita
On 19 March 2019, Pope Francis issued an apostolic letter given motu proprio Communis vita. It institutes ipso facto dismissal of religious who are absent for a full year illegitimately from their religious house. It replaces canons 694 and 729 in their entirety, with an entry into force on 10 April 2019.[26]
Authenticum charismatis
On 1 November 2020,
Spiritus Domini
The motu proprio
Pascite gregem Dei
The apostolic constitution Pascite gregem Dei changed the book VI. Its changes took effect on 8 December 2021.[32][33][34]
Competentias quasdam decernere
The motu proprio Competentias quasdam decernere issued 15 February 2022 changed 10 canons.[35]
Recognitum librum VI
The apostolic letter issued motu proprio, Recognitum librum VI, issued 26 April 2022 changes one sentence from canon 695.[36]
18 May 2022 rescript
Through a
Expedit ut iura
Through a motu proprio entitled Expedit ut iura, released 3 April 2023, Pope Francis changed canon 700 to give members of an institute of consecrated life more time to appeal their dismissal.[39]
Le Prelature personali
A motu proprio of 8 August 2023, issued in Italian and entering into force on the day of its publication, changed canons 295 and 296 in order to specify several details of the nature and governance of personal prelatures such as Opus Dei.[40][41]
Notable canons
- Canon 285, about Catholic priests' actions unusual to a clergyman, including serving in public offices
- Canon 332defines papal renunciation
- Canon 844regulates communicatio in sacris.
- .
- Canon 1324 regulates the alleviation of penalties
- Canon 1397 §2 concerns the penalties incurred by those who provide abortion
Eastern equivalent
John Paul II later promulgated a code of
See also
- 1917 Code of Canon Law
- Canon law of the Catholic Church
- Code of Canons of the Eastern Churches
- Legal history of the Catholic Church
References
- ^ Edward N. Peters, Master Page on the Johanno-Pauline Code of 1983, CanonLaw.info, accessed 14 April 2016
- ^ Catholic University of America, Canon Law Research Guide, accessed 7 May 2023
- ^ a b c d e f g Sacrae Disciplinae Leges, accessed Jan-11-2013
- ^ ISSN 0362-4331. Retrieved 3 April 2021.
- ^ Ap. Const. Providentissima Mater Ecclesia
- ^ Catholic Encyclopedia: Canon Law. Retrieved 3 April 2018.
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- ^ "Ai partecipanti al corso sul nuovo Codice di Diritto Canonico (21 novembre 1983) | Giovanni Paolo II, n. 2". w2.vatican.va. Retrieved 26 August 2018.
- ^ CanonLaw.info, accessed Jan-11-2013
- ^ "Canon Law and Communio; Writings on the Constitutional Law of the Church". Archived from the original on 26 March 2014..
- ^ Peters, Edward N. "A Simple Overview of Canon Law". CanonLaw.info. Retrieved 11 June 2013.[self-published source]
- ^ Alesandro, John (May 2008). "The Code of Canon Law: Twenty-Five Years Later". New Theology Review: 5–15. Archived from the original on 4 March 2016. Retrieved 19 February 2019.
- ^ IntraText, accessed Jan-11-2013
- ^ Keating, Karl. "What is the Catholic Church's official position on Freemasonry?".
- Sacred Congregation for the Doctrine of the Faith.
- Ratzinger, Joseph; Hamer, Jerome (26 November 1983). "Declaration on Masonic associations". Sacred Congregation for the Doctrine of the Faith.
- ^ Pullella, Philip (1 June 2021). "Pope revises Church law, updates rules on sexual abuse". Reuters. Retrieved 2 June 2021.
- ^ "New Book VI of the Code of Canon Law, 01.06.2021". Vatican Bulletin. Holy See Press Office. 1 June 2021. Retrieved 2 June 2021.
- ^ John Paul II (18 May 1998), Ad tuendam fidem (Motu Proprio), Vatican City: Libreria Editrice Vaticana, retrieved 11 March 2018
- ^ Benedict XVI (15 December 2009), Omnium in Mentem (Motu Proprio), Vatican City: Libreria Editrice Vaticana, retrieved 11 March 2018
- ^ "Leaving the Catholic Church no longer possible". www.technomancy.org.
- ^ Francis (15 August 2015), Mitis Iudex Dominus Iesus (Motu Proprio), Vatican City: Libreria Editrice Vaticana, retrieved 11 March 2018
- ^ Pope Francis reforms Church law in marital nullity trials, Vatican Radio, accessed 8 September 2015
- ^ Francis (31 May 2016), De concordia inter codices (Motu Proprio) (in Latin), Vatican City: Libreria Editrice Vaticana, retrieved 10 March 2018
- ^ Francis (9 September 2017), Magnum Principium (Motu Proprio), Vatican City: Libreria Editrice Vaticana, retrieved 11 March 2018
- ^ "Pope Francis: New rules for religious life - Vatican News". www.vaticannews.va. 26 March 2019. Retrieved 8 June 2023.
- ^ "Litterae Apostolicae Motu Proprio Datae "Authenticum charismatis" quibus can. 579 Codicis Iuris Canonici mutatur (die I mensis Novembris, anno Domini MMXX) | Francis". www.vatican.va. Retrieved 8 June 2023.
- ^ CNA. "Pope Francis requires bishops to have Vatican permission for new diocesan religious institutes". Catholic News Agency. Retrieved 8 June 2023.
- ^ "Pope Francis: Ministries of lector and acolyte to be open to women". Vatican News. 11 January 2021. Archived from the original on 11 January 2021. Retrieved 11 January 2021.
- ^ Mares, Courtney (11 January 2021). "Pope Francis admits women to ministries of lector and acolyte in new motu proprio". Catholic News Agency. Archived from the original on 11 January 2021. Retrieved 11 January 2021.
- ^ "Francis changes Catholic Church law: women explicitly allowed as lectors, altar servers". National Catholic Reporter. 11 January 2021. Retrieved 11 January 2021.
- ^ "Vatican tells bishops to get serious on crime and punishment". Crux. 1 June 2021. Retrieved 10 June 2021.
- ^ "Press Conference to present the new Book VI of the Code of Canon Law". press.vatican.va. Retrieved 3 June 2021.
- ^ "Sistema penale. Giro di vite sui reati nella Chiesa. La giustizia "abbraccia" la carità". www.avvenire.it (in Italian). 9 December 2021. Retrieved 21 December 2021.
- ^ CNA. "Pope Francis seeks 'healthy decentralization' with new changes to canon law". Catholic News Agency. Retrieved 22 February 2022.
- ^ Mares, Courtney (26 April 2022). "Pope Francis updates canon law on dismissal from religious institutes". Catholic News Agency. Retrieved 26 April 2022.
- ^ Brockhaus, Hannah (18 May 2022). "Pope Francis changes rules for major superiors of religious orders". Catholic News Agency. Retrieved 18 May 2022.
- ^ "Pope Francis allows lay members to govern clerical religious orders". The Pillar. 18 May 2022. Retrieved 18 May 2022.
- ^ Brockhaus, Hannah. "Pope Francis extends time to appeal dismissal from consecrated life". Catholic News Agency. Retrieved 3 April 2023.
- ^ "What the pope changed about prelatures". The Pillar. 8 August 2023. Retrieved 9 August 2023.
- ^ Mares, Courtney. "Pope Francis changes canon law on Opus Dei and any future personal prelatures". Catholic News Agency. Retrieved 8 August 2023.
- ^ "CCEO – Table of Contents – IntraText CT". www.intratext.com. Retrieved 3 April 2018.
External links
- [1983] Codex Iuris Canonici (original and sole official Latin text)
- 1983 Code of Canon Law in English translation
- 1983 Code of Canon Law (English translation by the Canon Law Society of Great Britain and Ireland, assisted by the Canon Law Society of Australia and New Zealand and the Canadian Canon Law Society)