TITLE VI:
THE CESSATION OF PENALTIES (Cann. 1354 - 1363)
Can.
1354 §1 Besides those who are enumerated in cann. 1355 - 56, all who can
dispense from a law which is supported by a penalty, can also remit the penalty
itself.
§2
Moreover, a law or precept which establishes a penalty can also grant to others
the power of remitting the penalty.
§3 If the
Apostolic See has reserved the remission of a penalty to itself or to others,
the reservation is to be strictly interpreted.
Can.
1355 §1 Provided it is not reserved to the Apostolic See, a penalty which is
established by law and has been imposed or declared, can be remitted by the
following:
1° the
Ordinary who initiated the judicial proceedings to impose or declare the
penalty, or who by a decree, either personally or through another, imposed or
declared it;
2° the
Ordinary of the place where the offender actually is, after consulting the
Ordinary mentioned in n. 1, unless because of extraordinary circumstances this
is impossible.
§2 Provided
it is not reserved to the Apostolic See, a latae sententiae penalty established
by law but not yet declared, can be remitted by the Ordinary in respect of his
subjects and of those actually in his territory or of those who committed the
offence in his territory. Moreover, any Bishop can do this, but only in the
course of sacramental confession.
Can.
1356 §1 A ferendae or a latae sententiae penalty established in a precept not
issued by the Apostolic See, can be remitted by the following:
1° the
Ordinary of the place where the offender actually is;
2° if the
penalty has been imposed or declared, the Ordinary who initiated the judicial
proceedings to impose or declare the penalty, or who by a decree, either
personally or through another, imposed or declared it.
§2 Before
the remission is granted, the author of the precept is to be consulted, unless
because of extraordinary circumstance this is impossible.
Can.
1357 §1 Without prejudice to the provisions of cann. 508 and 976, a confessor
can in the internal sacramental forum remit a latae sententiae censure of
excommunication or interdict which has not been declared, if it is difficult
for the penitent to remain in a state of grave sin for the time necessary for
the competent Superior to provide.
§2 In
granting the remission, the confessor is to impose upon the penitent, under
pain of again incurring the censure, the obligation to have recourse within one
month to the competent Superior or to a priest having the requisite faculty,
and to abide by his instructions. In the meantime, the confessor is to impose
an appropriate penance and, to the extent demanded, to require reparation of scandal
and damage. The recourse, however, may be made even through the confessor,
without mention of a name.
§3 The same
duty of recourse, when they have recovered, binds those who in accordance with
Can. 976 have had remitted an imposed or declared censure or one reserved to
the Holy See.
Can.
1358 §1 The remission of a censure cannot be granted except to an offender
whose contempt has been purged in accordance with Can. 1347 §2. However, once
the contempt has been purged, the remission cannot be refused.
§2 The one
who remits a censure can make provision in accordance with Can. 1348, and can
also impose a penance.
Can.
1359 If one is bound by a number of penalties, a remission is valid only for
those penalties expressed in it. A general remission, however, removes all
penalties, except those which in the petition have been concealed in bad faith.
Can.
1360 The remission of a penalty extorted by grave fear is invalid
Can.
1361 §1 A remission can be granted even to a person who is not present, or
conditionally.
§2 A
remission in the external forum is to be granted in writing, unless a grave
reason suggests otherwise.
§3 Care is
to be taken that the petition for remission or the remission itself is not made
public, except insofar as this would either be useful for the protection of the
good name of the offender, or be necessary to repair scandal.
Can.
1362 §1 A criminal action is extinguished by prescription after three years,
except for:
1° offences
reserved to the Congregation for the Doctrine of the Faith;
2° an
action arising from any of the offences mentioned in cann. 1394, 1395, 1397,
1398, which is extinguished after five years;
3° offences
not punished by the universal law, where a particular law has prescribed a
different period of prescription.
§2
Prescription runs from the day the offence was committed or, if the offence was
enduring or habitual, from the day it ceased.
Can.
1363 §1 An action to execute a penalty is extinguished by prescription if the
judge's decree of execution mentioned in Can. 1651 was not notified to the
offender within the periods mentioned in Can. 1362; these periods are to be reckoned
from the day the condemnatory judgement became an adjudged matter.
§2 The same
applies, with the necessary adjustments, if the penalty was imposed by an
extra-judicial decree.
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