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:
1° a
prohibition against residence, or an order to reside, in a certain place or
territory;
2°
deprivation of power, office, function, right, privilege, faculty, favour,
title or insignia, even of a merely honorary nature;
3° 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;
4° a penal
transfer to another office;
5°
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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