CHAPTER II
: THE COURSE OF THE PROCESS
Can.
1720 If the Ordinary believes that the matter should proceed by way of an
extra-judicial decree:
1° he is to
notify the accused of the allegation and the evidence, and give an opportunity
for defence, unless the accused, having been lawfully summoned, has failed to
appear;
2° together
with two assessors, he is accurately to weigh all the evidence and arguments;
3° if the
offence is certainly proven and the time for criminal action has not elapsed,
he is to issue a decree in accordance with cann. 1342 - 1350, outlining at
least in summary form the reasons in law and in fact.
Can.
1721 §1 If the Ordinary decrees that a judicial penal process is to be
initiated, he is to pass the acts of the investigation to the promotor of
justice, who is to present to the judge a petition of accusation in accordance
with cann. 1502 and 1504.
§2 Before a
higher tribunal, the promotor of justice constituted for that tribunal adopts
the role of plaintiff.
Can.
1722 At any stage of the process, in order to prevent scandal, protect the
freedom of the witnesses and safeguard the course of justice, the Ordinary can,
after consulting the promotor of justice and summoning the accused person to
appear, prohibit the accused from the exercise of the sacred ministry or of
some ecclesiastical office and position, or impose or forbid residence in a
certain place or territory, or even prohibit public participation in the
blessed Eucharist. If, however, the reason ceases, all these restrictions are
to be revoked; they cease by virtue of the law itself as soon as the penal
process ceases.
Can.
1723 §1 When the judge summons the accused, he must invite the latter to engage
an advocate, in accordance with Can. 1481 §1, but within the time laid down by
the judge.
§2 If the
accused does not do this, the judge himself is to appoint an advocate before
the joinder of the issue, and this advocate will remain in office for as long
as the accused has not engaged an advocate.
Can.
1724 §1 At the direction or with the consent of the Ordinary who decided that
the process should be initiated, the promotor of justice in any grade of the
trial can resign from the case.
§2 For
validity, this resignation must be accepted by the accused person, unless he or
she has been declared absent from the trial.
Can.
1725 In the argumentation of the case, whether done in writing or orally, the
accused person or the advocate or procurator of the accused, always has the
right to write or speak last.
Can.
1726 If in any grade or at any stage of a penal trial, it becomes quite evident
that the offence has not been committed by the accused, the judge must declare
this in a judgement and acquit the accused, even if it is at the same time
clear that the period for criminal proceedings has elapsed.
Can.
1727 §1 The offender can appeal, even if discharged in the judgement only
because the penalty was facultative, or because the judge used the power
mentioned in cann. 1344 and 1345.
§2 The
promotor of justice can appeal whenever he considers that the reparation of
scandal or the restitution of justice has not been sufficiently provided for.
Can.
1728 §1 Without prejudice to the canons of this title, and unless the nature of
the case requires otherwise, in a penal trial the judge is to observe the
canons concerning judicial procedures in general, those concerning the ordinary
contentious process, and the special norms about cases which concern the public
good.
§2 The
accused person is not bound to admit to an offence, nor may the oath be
administered to the accused.
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