CHAPTER II
: THE TRIBUNAL OF SECOND INSTANCE
Can.
1438 Without prejudice to the provision of can. 1444 §1, n. 1:
1° an
appeal from the tribunal of a suffragan Bishop is to the metropolitan tribunal,
without prejudice to the provisions of can. 1439.
2° in cases
heard at first instance in the tribunal of the Metropolitan, the appeal is to a
tribunal which the Metropolitan, with the approval of the Apostolic See, has
designated in a stable fashion;
3° for
cases dealt with before a provincial Superior, the tribunal of second instance
is that of the supreme Moderator; for cases heard before the local Abbot, the
second instance court is that of the Abbot superior of the monastic
congregation.
Can.
1439 §1 If a single tribunal of first instance has been constituted for several
dioceses, in accordance with the norm of can. 1423, the Episcopal Conference
must, with the approval of the Holy See, constitute a tribunal of second
instance, unless the dioceses are all suffragans of the same archdiocese.
§2 Even
apart from the cases mentioned in §1, the Episcopal Conference can, with the
approval of the Apostolic See, constitute one or more tribunals of second
instance.
§3 In
respect of the second instance tribunals mentioned in §§1 - 2, the Episcopal
Conference, or the Bishop designated by it, has all the powers that belong to a
diocesan Bishop in respect of his own tribunal.
Can.
1440 If competence by reason of the grade of trial, in accordance with the provisions
of cann. 1438 and 1439, is not observed, then the non-competence of the judge
is absolute.
Can.
1441 The tribunal of second instance is to be constituted in the same way as
the tribunal of first instance. However, if a sole judge has given a judgement
in first instance in accordance with can. 1425 §4, the second instance tribunal
is to act collegially.
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