TITLE III :
USURPATION OF ECCLESIASTICAL OFFICES AND OFFENCES COMMITTED IN THEIR EXERCISE
(Cann. 1378 - 1389)
Can.
1378 §1 A priest who acts against the prescription of Can. 977 incurs a latae
sententiae excommunication reserved to the Apostolic See.
§2 The
following incur a latae sententiae interdict or, if a cleric, a latae
sententiae suspension:
1° a person
who, not being an ordained priest, attempts to celebrate Mass
2° a person
who, apart from the case mentioned in §1, thoughunable to give valid
sacramental absolution, attempts to do so, or hears a sacramental confession.
§3 In the
cases mentioned in §2, other penalties, not excluding excommunication, can be added,
according to the gravity of the offence.
Can.
1379 A person who, apart from the cases mentioned in Can. 1378, pretends to
administer a sacrament, is to be punished with a just penalty.
Can.
1380 A person who through simony celebrates or receives a sacrament, is to be
punished with an interdict or suspension.
Can.
1381 §1 Anyone who usurps an ecclesiastical office is to be punished with a
just penalty.
§2 The
unlawful retention of an ecclesiastical office after being deprived of it, or
ceasing from it, is equivalent to usurpation.
Can.
1382 Both the Bishop who, without a pontifical mandate, consecrates a person a
Bishop, and the one who receives the consecration from him, incur a latae
sententiae excommunication reserved to the Apostolic See.
Can.
1383 A Bishop who, contrary to the provision of Can. 1015, ordained someone
else's subject without the lawful dimissorial letters, is prohibited from
conferring orders for one year. The person who received the order is ipso facto
suspended from the order received.
Can.
1384 A person who, apart from the cases mentioned in cann. 1378 - 1383,
unlawfully exercises the office of a priest or another sacred ministry, may be
punished with a just penalty.
Can.
1385 A person who unlawfully traffics in Mass offerings is to be punished with
a censure or other just penalty.
Can.
1386 A person who gives or promises something so that some one who exercises an
office in the Church would unlawfully act or fail to act, is to be punished
with a just penalty; likewise, the person who accepts such gifts or promises.
Can.
1387 A priest who in confession, or on the occasion or under the pretext of
confession, solicits a penitent to commit a sin against the sixth commandment
of the Decalogue, is to be punished, according to the gravity of the offence,
with suspension, prohibitions and deprivations; in the more serious cases he is
to be dismissed from the clerical state.
Can.
1388 §1 A confessor who directly violates the sacramental seal, incurs a latae
sententiae excommunication reserved to the Apostolic See; he who does so only
indirectly is to be punished according to the gravity of the offence.
§2
Interpreters and the others mentioned in can. 983 §2, who violate the secret,
are to be punished with a just penalty, not excluding excommunication.
Can.
1389 §1 A person who abuses ecclesiastical power or an office, is to be
punished according to the gravity of the act or the omission, not excluding by
deprivation of the office, unless a penalty for that abuse is already
established by law or precept.
§2 A person
who, through culpable negligence, unlawfully and with harm to another, performs
or omits an act of ecclesiastical power or ministry or office, is to be
punished with a just penalty.
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