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Code of Canon Law

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  • BOOK VI : SANCTIONS IN THE CHURCH
    • PART I : OFFENCES AND PUNISHMENTS IN GENERAL
        • TITLE IV: PENALTIES AND OTHER PUNISHMENTS (Cann. 1331 - 1340)
          • CHAPTER II : EXPIATORY PENALTIES
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CHAPTER II : EXPIATORY PENALTIES

Can. 1336 §1 Expiatory penalties can affect the offender either forever or for a determinate or an indeterminate period. Apart from others which the law may perhaps establish, these penalties are as follows:

a prohibition against residence, or an order to reside, in a certain place or territory;

deprivation of power, office, function, right, privilege, faculty, favour, title or insignia, even of a merely honorary nature;

a prohibition on the exercise of those things enumerated in n. 2, or a prohibition on their exercise inside or outside a certain place; such a prohibition is never under pain of nullity;

a penal transfer to another office;

dismissal from the clerical state.

§2 Only those expiatory penalties may be latae sententiae which are enumerated in §1, n. 3.

Can. 1337 §1 A prohibition against residing in a certain place or territory can affect both clerics and religious. An order to reside in a certain place can affect secular clerics and, within the limits of their constitutions, religious.

§2 An order imposing residence in a certain place or territory must have the consent of the Ordinary of that place, unless there is question of a house set up for penance or rehabilitation of clerics, including extradiocesans.

Can. 1338 §1 The deprivations and prohibitions enumerated in Can. 1336 §1, nn. 2 and 3 never affect powers, offices, functions, rights, privileges, faculties, favours, titles or insignia, which are not within the control of the Superior who establishes the penalty.

§2 There can be no deprivation of the power of order, but only a prohibition against the exercise of it or of some of its acts; neither can there be a deprivation of academic degrees.

§3 The norm laid down for censures in Can. 1335 is to be observed in regard to the prohibitions mentioned in Can. 1336 §1, n. 3.




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