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Code of Canon Law IntraText CT - Text |
CHAPTER I. The Declarations of the Parties
Can. 1530 The judge can always question the parties to draw out the truth more effectively and indeed must do
so at the request of a party or to prove a fact which the public interest requires to be placed beyond doubt.
Can. 1531 §1. A party legitimately questioned must respond and must tell the whole truth.
§2. If a party refuses to respond, it is for the judge to decide what can be inferred from that refusal concerning
Can. 1532 In cases where the public good is at stake, the judge is to administer an oath to the parties to tell the truth
or at least to confirm the truth of what they have said unless a grave cause suggests otherwise; the same can be done
in other cases according to the judge’s own prudence.
Can. 1533 The parties, the promoter of justice, and the defender of the bond can present the judge with items about
which the party is to be questioned.
Can. 1534 The provisions of cann. 1548, §2, n. 1, 1552, and 1558–1565 concerning witnesses are to be observed to
the extent possible when questioning the parties.
Can. 1535 A judicial confession is the written or oral assertion of some fact against oneself before a competent judge
by any party concerning the matter of the trial, whether made spontaneously or while being questioned by the
Can. 1536 §1. The judicial confession of one party relieves the other parties from the burden of proof if it concerns
some private matter and the public good is not at stake.
§2. In cases which regard the public good, however, a judicial confession and declarations of the parties which
are not confessions can have a probative force which the judge must evaluate together with the other circumstances
of the case; the force of full proof cannot be attributed to them, however, unless other elements are present which
thoroughly corroborate them.
Can. 1537 After considering all the circumstances, it is for the judge to decide how much value must be accorded
an extrajudicial confession introduced into the trial.
Can. 1538 A confession or any other declaration of a party lacks any force if it is shown that it was made due to an
error of fact or extorted by force or grave fear.