TITLE II:
PENAL LAW AND PENAL PRECEPT (Cann. 1313 - 1320)
Can.
1313 §1 If a law is changed after an offence has been committed, the law more
favourable to the offender is to be applied.
§2 If a
later law removes a law, or at least a penalty, the penalty immediately lapses.
Can.
1314 A penalty is for the most part ferendae sententiae, that is, not binding
upon the offender until it has been imposed. It is, however, latae sententiae,
so that it is incurred automatically upon the commission of an offence, if a
law or precept expressly lays this down.
Can.
1315 §1 Whoever has legislative power can also make penal laws. A legislator
can, however, by laws of his own, reinforce with a fitting penalty a divine law
or an ecclesiastical law of a higher authority, observing the limits of his
competence in respect of territory or persons.
§2 A law
can either itself determine the penalty or leave its determination to the
prudent decision of a judge.
§3 A
particular law can also add other penalties to those laid down for a certain
offence in a universal law; this is not to be done, however, except for the
gravest necessity. If a universal law threatens an undetermined penalty or a
discretionary penalty, a particular law can establish in its place a determined
or an obligatory penalty.
Can.
1316 Diocesan Bishops are to take care that as far as possible any penalties
which are to be imposed by law are uniform within the same city or region.
Can.
1317 Penalties are to be established only in so far as they are really
necessary for the better maintenance of ecclesiastical discipline. Dismissal
from the clerical state, however, cannot be laid down by particular law.
Can.
1318 A legislator is not to threaten latae sententiae penalties, except perhaps
for some outstanding and malicious offences which may be either more grave by
reason of scandal or such that they cannot be effectively punished by ferendae
sententiae penalties. He is not, however, to constitute censures, especially
excommunication, except with the greatest moderation, and only for the more
grave offences.
Can.
1319 §1 To the extent to which a legislator can impose precepts by virtue of
the power of governance in the external forum, to that extent can he also by
precept threaten a determined penalty, other than a perpetual expiatory
penalty.
§2 A
precept to which a penalty is attached is not to be issued unless the matter
has been very carefully considered, and unless the provisions of Can. 1317 and
1318 concerning particular laws have been observed.
Can.
1320 In all matters in which they come under the authority of the local
Ordinary, religious can be constrained by him with penalties.
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