PENALTIES AND OTHER PUNISHMENTS (Cann. 1331 - 1340)
CHAPTER I :
1331 §1 An excommunicated person is forbidden:
1° to have
any ministerial part in the celebration of the Sacrifice of the Eucharist or in
any other ceremonies of public worship;
celebrate the sacraments or sacramentals and to receive the sacraments ;
exercise any ecclesiastical offices, ministries, functions or acts of
§2 If the
excommunication has been imposed or declared, the offender:
proposing to act in defiance of the provision of §1, n. 1 is to be removed, or
else the liturgical action is to be suspended, unless there is a grave reason
to the contrary
invalidly exercises any acts of governance which, in accordancewith §1, n.3,
forbidden to benefit from privileges already granted;
validly assume any dignity, office or other function in the Church
the title to the benefits of any dignity, office, function or pension held in
1332 One who is under interdict is obliged by the prohibition of Can. 1331 §1,
nn. 1 and 2 - if the interdict was imposed or declared, the provision of Can.
1331 §2, n. 1 is to be observed.
1333 §1 Suspension, which can affect only clerics, prohibits:
1° all or
some of the acts of the power of order
2° all or
some of the acts of the power of governance;
exercise of all or some of the rights or functions attaching toan office.
§2 In a law
or a precept it may be prescribed that, after a judgement which imposes or
declares the penalty, a suspended person cannot validly perform acts of the power
prohibition never affects:
offices or power of governance which are not within the control of the Superior
who establishes the penalty;
2° a right
of residence which the offender may have by virtue of office;
3° the right
to administer goods which may belong to an office held by the person suspended,
if the penalty is latae sententiae.
suspension prohibiting the receipt of benefits, stipends, pensions or other
such things, carries with it the obligation of restitution of whatever has been
unlawfully received, even though this was in good faith.
1334 §1 The extent of a suspension, within the limits laid down in the
preceding canon, is defined either by the law or precept, or by the judgement or
decree whereby the penalty is imposed.
§2 A law,
but not a precept, can establish a latae sententiae suspension without an added
determination or limitation; such a penalty has all the effects enumerated in
Can. 1333 §1.
1335 If a censure prohibits the celebration of the sacraments or sacramentals
or the exercise of a power of governance, the prohibition is suspended whenever
this is necessary to provide for the faithful who are in danger of death. If a
latae sententiae censure has not been declared, the prohibition is also
suspended whenever one of the faithful requests a sacrament or sacramental or
an act of the power of governance; for any just reason it is lawful to make
such a request.