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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART IV : THE PENAL PROCESS (Cann. 1717 - 1731)
          • CHAPTER III : THE ACTION TO COMPENSATE FOR HARM
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CHAPTER III : THE ACTION TO COMPENSATE FOR HARM

Can. 1729 §1 In accordance with Can. 1596, a party who has suffered harm from an offence can bring a contentious action for making good the harm in the actual penal case itself.

§2 The intervention of the harmed party mentioned in §1 is no longer admitted if the intervention was not made in the first instance of the penal trial.

§3 An appeal in a case concerning harm is made in accordance with cann. 1628 - 1640, even if an appeal cannot be made in the penal case itself. If, however, there is an appeal on both headings, there is to be only one trial, even though the appeals are made by different persons, without prejudice to the provision of Can. 1734[7 ].

Can. 1730 §1 To avoid excessive delays in a penal trial, the judge can postpone the trial concerning harm until he has given a definitive judgement in the penal trial. §2 When the judge does this he must, after giving judgement in the penal trial, hear the case concerning harm, even though the penal trial is still pending because of a proposed challenge to it, or even though the accused has been acquitted, when the reason for the acquittal does not take away the obligation to make good the harm.

Can. 1731 A judgement given in a penal trial, even though it has become an adjudged matter, in no way creates a right for a party who has suffered harm, unless this party has intervened in accordance with can. 1733 [8 ]




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