Code of Canon Law 1330
1331 §1. An excommunicated person is forbidden:
1/ to have any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever;
2/ to celebrate the sacraments or sacramentals and to receive the sacraments;
3/ to exercise any ecclesiastical offices, ministries, or functions whatsoever or to place acts of governance.
§2. If the excommunication has been imposed or declared, the offender:
1/ who wishes to act against the prescript of §1, n. 1 must be prevented from doing so, or the liturgical action must be stopped unless a grave cause precludes this;
2/ invalidly places acts of governance which are illicit according to the norm of §1, n. 3;
3/ is forbidden to benefit from privileges previously granted;
4/ cannot acquire validly a dignity, office, or other function in the Church;
5/ does not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church.
1332 The prohibitions mentioned in CIC 1331, §1, nn. 1 and 2 bind an interdicted person. If the interdict has been imposed or declared, however, the prescript of CIC 1331, §2, n. 1 must be observed.
1333 §1. Suspension, which can affect only clerics, prohibits:
1/ either all or some acts of the power of orders;
2/ either all or some acts of the power of governance;
3/ the exercise of either all or some of the rights or functions attached to an office.
§2. A law or precept can establish that a suspended person cannot place acts of governance validly after a condemnatory or declaratory sentence.
§3. A prohibition never affects:
1/ the offices or the power of governance which are not under the power of the superior who establishes the penalty;
2/ the right of residence which the offender may have by reason of office;
3/ the right to administer goods which may pertain to the office of the person suspended if the penalty is latae sententiae.
§4. A suspension prohibiting a person from receiving benefits, a stipend, pensions, or any other such thing entails the obligation of making restitution for whatever has been received illegitimately, even if in good faith.
1334 §1. Within the limits established by the preceding canon, either the law or precept itself or the sentence or decree which imposes the penalty defines the extent of a suspension.
§2. A law, but not a precept, can establish a latae sententiae suspension without additional determination or limitation; such a penalty has all the eVects listed in CIC 1333, §1.
1335 If a censure prohibits the celebration of sacraments or sacramentals or the placing of an act of governance, the prohibition is suspended whenever it is necessary to care for the faithful in danger of death. If a latae sententiae censure has not been declared, the prohibition is also suspended whenever a member of the faithful requests a sacrament or sacramental or an act of governance; a person is permitted to request this for any just cause.
1336 §1. In addition to other penalties which the law may have established, the following are expiatory penalties which can affect an offender either perpetually, for a prescribed time, or for an indeterminate time:
1/ a prohibition or an order concerning residence in a certain place or territory;
2/ privation of a power, office, function, right, privilege, faculty, favor, title, or insignia, even merely honorary;
3/ a prohibition against exercising those things listed under n. 2, or a prohibition against exercising them in a certain place or outside a certain place; these prohibitions are never under pain of nullity;
4/ a penal transfer to another office;
5/ dismissal from the clerical state.
§2. Only those expiatory penalties listed in §1, n. 3 can be latae sententiae.
1337 §1. A prohibition against residing in a certain place or territory can affect both clerics and religious; however, the order to reside in a certain place or territory can affect secular clerics and, within the limits of the constitutions, religious.
§2. To impose an order to reside in a certain place or territory requires the consent of the ordinary of that place unless it is a question of a house designated for clerics doing penance or being rehabilitated even from outside the diocese.
1338 §1. The privations and prohibitions listed in CIC 1336, §1, nn. 2 and 3, never affect powers, offices, functions, rights, privileges, faculties, favors, titles, or insignia which are not subject to the power of the superior who establishes the penalty.
§2. Privation of the power of orders is not possible but only a prohibition against exercising it or some of its acts; likewise, privation of academic degrees is not possible.
§3. The norm given in CIC 1335 for censures must be observed for the prohibitions listed in CIC 1336, §1, n. 3.
1339 §1. An ordinary, personally or through another, can warn a person who is in the proximate occasion of committing a delict or upon whom, after investigation, grave suspicion of having committed a delict has fallen.
§2. He can also rebuke a person whose behavior causes scandal or a grave disturbance of order, in a manner accommodated to the special conditions of the person and the deed.
§3. The warning or rebuke must always be established at least by some document which is to be kept in the secret archive of the curia.
1340 §1. A penance, which can be imposed in the external forum, is the performance of some work of religion, piety, or charity.
§2. A public penance is never to be imposed for an occult transgression.
§3. According to his own prudent judgment, an ordinary can add penances to the penal remedy of warning or rebuke.
1341 An ordinary is to take care to initiate a judicial or administrative process to impose or declare penalties only after he has ascertained that fraternal correction or rebuke or other means of pastoral solicitude cannot sufficiently repair the scandal, restore justice, reform the offender.
1342 §1. Whenever just causes preclude a judicial process, a penalty can be imposed or declared by extrajudicial decree; penal remedies and penances, however, can be applied by decree in any case whatsoever.
§2. Perpetual penalties cannot be imposed or declared by decree, nor can penalties be so applied when the law or precept establishing them prohibits their application by decree.
§3. What a law or precept states about the imposition or declaration of a penalty by a judge in a trial must be applied to a superior who imposes or declares a penalty by extrajudicial decree unless it is otherwise evident or unless it concerns prescripts which pertain only to procedural matters.
1343 If the law or precept gives the judge the power to apply or not apply a penalty, the judge can also temper the penalty or impose a penance in its place, according to his own conscience and prudence.
1344 Even if the law uses preceptive words, the judge can, according to his own conscience and prudence:
1/ defer the imposition of the penalty to a more opportune time if it is foreseen that greater evils will result from an offerly hasty punishment of the offender;
2/ abstain from imposing a penalty, impose a lighter penalty, or employ a penance if the offender has reformed and repaired the scandal or if the offender has been or, it is foreseen, will be punished sufficiently by civil authority;
3/ suspend the obligation of observing an expiatory penalty if it is the first offense of an offender who has lived a praiseworthy life and if the need to repair scandal is not pressing, but in such a way that if the offender commits an offense again within the time determined by the judge, the person is to pay the penalty due for each delict unless in the interim the time for the prescription of a penal action has elapsed for the first delict.
1345 Whenever the offender had only the imperfect use of reason or committed the delict from fear, necessity, the heat of passion, or mental disturbance from drunkenness or something similar, the judge can also abstain from imposing any penalty if he thinks that reform of the person can be better accomplished in another way.
1346 Whenever the offender has committed several delicts, it is left to the prudent decision of the judge to moderate the penalties within equitable limits if the sum of the feren dae sententiae penalties appears excessive.
1347 §1. A censure cannot be imposed validly unless the offender has been warned at least once beforehand to withdraw from contumacy and has been given a suitable time for repentance.
§2. An offender who has truly repented of the delict and has also made suitable reparation for damages and scandal or at least has seriously promised to do so must be considered to have withdrawn from contumacy.
1348 When an accused is acquitted of an accusation or when no penalty is imposed, the ordinary can provide for the welfare of the person and for the public good through appropriate warnings and other means of pastoral solicitude or even through penal remedies if the matter warrants it.
1349 If a penalty is indeterminate and the law does not provide otherwise, the judge is not to impose graver penalties, especially censures, unless the seriousness of the case clearly demands it; he cannot, however, impose perpetual penalties.
1350 §1. Unless it concerns dismissal from the clerical state, when penalties are imposed on a cleric, provision must always be made so that he does not lack those things necessary for his decent support.
§2. In the best manner possible, however, the ordinary is to take care to provide for a person dismissed from the clerical state who is truly in need because of the penalty.
1351 Unless other provision is expressly made, a penalty binds the offender everywhere, even when the authority of the one who established or imposed the penalty has lapsed.
1352 §1. If a penalty prohibits the reception of the sacraments or sacramentals, the prohibition is suspended as long as the offender is in danger of death.
§2. The obligation to observe an undeclared latae sententiae penalty which is not notorious in the place where the offender is present, is suspended totally or partially whenever the offender cannot observe it without danger of grave scandal or infamy.
1353 An appeal or recourse from judicial sentences or from decrees, which impose or declare a penalty, has a suspensive effect.
1354 §1. In addition to the persons listed in CIC 1355-1356, all who can dispense from a law which includes a penalty or who can exempt from a precept which threatens a penalty can also remit that penalty.
§2. Moreover, a law or precept which establishes a penalty can also give the power of remission to others.
§3. If the Apostolic See has reserved the remission of a penalty to itself or to others, the reservation must be interpreted strictly.
1355 §1. Provided that the penalty has not been reserved to the Apostolic See, the following can remit an imposed or declared penalty established by law:
1/ the ordinary who initiated the trial to impose or declare a penalty or who personally or through another imposed or declared it by decree;
2/ the ordinary of the place where the offender is present, after the ordinary mentioned under n. 1 has been consulted unless this is impossible because of extraordinary circumstances.
§2. If the penalty has not been reserved to the Apostolic See, an ordinary can remit a latae sententiae penalty established by law but not yet declared for his subjects and those who are present in his territory or who committed the offense there; any bishop can also do this in the act of sacramental confession.
1356 §1. The following can remit a ferendae sententiae or latae sententiae penalty established by a precept not issued by the Apostolic See:
1/ the ordinary of the place where the offender is present;
2/ if the penalty has been imposed or declared, the ordinary who initiated the trial to impose or declare the penalty or who personally or through another imposed or declared it by decree.
§2. The author of the precept must be consulted before remission is made unless this is impossible because of extraordinary circumstances.
1357 §1. Without prejudice to the prescripts of cann. 508 and 976, a confessor can remit in the internal sacramental forum an undeclared latae sententiae censure of excommunication or interdict if it is burdensome for the penitent to remain in the state of grave sin during the time necessary for the competent superior to make provision.
§2. In granting the remission, the confessor is to impose on the penitent, under the penalty of reincidence, the obligation of making recourse within a month to the competent superior or to a priest endowed with the faculty and the obligation of obeying his mandates; in the meantime he is to impose a suitable penance and, insofar as it is demanded, reparation of any scandal and damage; however, recourse can also be made through the confessor, without mention of the name.
§3. After they have recovered, those for whom an imposed or declared censure or one reserved to the Apostolic See has been remitted according to the norm of CIC 976 are also obliged to make recourse.
1358 §1. Remission of a censure cannot be granted unless the offender has withdrawn from contumacy according to the norm of CIC 1347, §2; it cannot be denied, however, to a person who withdraws from contumacy.
§2. The person who remits a censure can make provision according to the norm of CIC 1348 or can even impose a penance.
1359 If several penalties bind a person, a remission is valid only for the penalties expressed in it; a general remission, however, takes away all penalties except those which the offender in bad faith omitted in the petition.
1360 The remission of a penalty extorted by grave fear is invalid.
1361 §1. A remission can also be given conditionally or to a person who is absent.
§2. A remission in the external forum is to be given in writing unless a grave cause suggests otherwise.
§3. Care is to be taken that the petition of remission or the remission itself is not divulged except insofar as it is either useful to protect the reputation of the offender or necessary to repair scandal.
1362 §1. Prescription extinguishes a criminal action after three years unless it concerns:
1/ delicts reserved to the Congregation for the Doctrine of the Faith;
2/ an action arising from the delicts mentioned in cann. 1394, 1395, 1397, and 1398, which have a prescription of five years;
3/ delicts which are not punished in the common law if particular law has established another period for prescription.
§2. Prescription runs from the day on which the delict was committed or, if the delict is continuous or habitual, from the day on which it ceased.
1363 §1. Prescription extinguishes an action to execute a penalty if the offender is not notified of the executive decree of the judge mentioned in CIC 1651 within the time limits mentioned in CIC 1362; these limits are to be computed from the day on which the condemnatory sentence became a res iudicata.
§2. Having observed what is required, the same is valid if the penalty was imposed by extrajudicial decree.
1364 §1. Without prejudice to the prescript of CIC 194, §1, n. 2, an apostate from the faith, a heretic, or a schismatic incurs a latae sententiae excommunication; in addition, a cleric can be punished with the penalties mentioned in CIC 1336, §1, nn. 1, 2, and 3.
§2. If contumacy of long duration or the gravity of scandal demands it, other penalties can be added, including dismissal from the clerical state.
1365 A person guilty of prohibited participation in sacred rites (communicatio in sacris) is to be punished with a just penalty.
1366 Parents or those who take the place of parents who hand offer their children to be baptized or educated in a non Catholic religion are to be punished with a censure or other just penalty.
1367 A person who throws away the consecrated species or takes or retains them for a sacrilegious purpose incurs a latae sententiae excommunication reserved to the Apostolic See; moreover, a cleric can be punished with another penalty, not excluding dismissal from the clerical state.
1368 A person who commits perjury while asserting or promising something before ecclesiastical authority is to be punished with a just penalty.
1369 A person who in a public show or speech, in published writing, or in other uses of the instruments of social communication utters blasphemy, gravely injures good morals, expresses insults, or excites hatred or contempt against religion or the Church is to be punished with a just penalty.
1370 §1. A person who uses physical force against the Roman Pontiff incurs a latae sententiae excommunication reserved to the Apostolic See; if he is a cleric, another penalty, not excluding dismissal from the clerical state, can be added according to the gravity of the delict.
§2. A person who does this against a bishop incurs a latae sententiae interdict and, if he is a cleric, also a latae sententiae suspension.
§3. A person who uses physical force against a cleric or religious out of contempt for the faith, the Church, ecclesiastical power, or the ministry is to be punished with a just penalty.
1371 The following are to be punished with a just penalty:
1/ in addition to the case mentioned in CIC 1364, §1, a person who teaches a doctrine condemned by the Roman Pontiff or an ecumenical council or who obstinately rejects the doctrine mentioned in CIC 750, §2 or in CIC 752 and who does not retract after having been admonished by the Apostolic See or an ordinary;
2/ a person who otherwise does not obey a legitimate precept or prohibition of the Apostolic See, an ordinary, or a superior and who persists in disobedience after a warning.
1372 A person who makes recourse against an act of the Roman Pontiff to an ecumenical council or the college of bishops is to be punished with a censure.
1373 A person who publicly incites among subjects animosities or hatred against the Apostolic See or an ordinary because of some act of power or ecclesiastical ministry or provokes subjects to disobey them is to be punished by an interdict or other just penalties.
1374 A person who joins an association which plots against the Church is to be punished with a just penalty; however, a person who promotes or directs an association of this kind is to be punished with an interdict.
1375 Those who impede the freedom of ministry, of election, or of ecclesiastical power or the legitimate use of sacred goods or other ecclesiastical goods or who greatly intimidate an elector, one elected, or one who exercises ecclesiastical power or ministry can be punished with a just penalty.
1376 A person who profanes a movable or immovable sacred object is to be punished with a just penalty.
1377 A person who alienates ecclesiastical goods without the prescribed permission is to be punished with a just penalty.
1378 §1. A priest who acts against the prescript of CIC 977 incurs a latae sententiae excommunication reserved to the Apostolic See.
§2. The following incur a latae sententiae penalty of interdict or, if a cleric, a latae sententiae penalty of suspension:
1/ a person who attempts the liturgical action of the Eucharistic sacrifice though not promoted to the sacerdotal order;
2/ apart from the case mentioned in §1, a person who, though unable to give sacramental absolution validly, attempts to impart it or who hears sacramental confession.
§3. In the cases mentioned in §2, other penalties, not excluding excommunication, can be added according to the gravity of the delict.
1379 In addition to the cases mentioned in CIC 1378, a person who simulates the administration of a sacrament is to be punished with a just penalty.
1380 A person who celebrates or receives a sacrament through simony is to be punished with an interdict or suspension.
1381 §1. Whoever usurps an ecclesiastical office is to be punished with a just penalty.
§2. Illegitimate retention of a function after its privation or cessation is equivalent to usurpation.
1382 A bishop who consecrates some one a bishop without a pontifical mandate and the person who receives the consecration from him incur a latae sententiae excommunication reserved to the Apostolic See.
1383 A bishop who, contrary to the prescript of CIC 1015, ordains without legitimate dimissorial letters someone who is not his subject is prohibited for a year from conferring the order. The person who has received the ordination, however, is ipso facto suspended from the order received.
1384 In addition to the cases mentioned in CIC 1378-1383, a person who illegitimately performs a priestly function or another sacred ministry can be punished with a just penalty.
1385 A person who illegitimately makes a profit from a Mass offering is to be punished with a censure or another just penalty.
1386 A person who gives or promises something so that someone who exercises a function in the Church will do or omit something illegitimately is to be punished with a just penalty; likewise, the one who accepts such gifts or promises.
1387 A priest who in the act, on the occasion, or under the pretext of confession solicits a penitent to sin against the sixth commandment of the Decalogue is to be punished, according to the gravity of the delict, by suspension, prohibitions, and privations; in graver cases he is to be dismissed from the clerical state.
1388 §1. A confessor who directly violates the sacramental seal incurs a latae sententiae excommunication reserved to the Apostolic See; one who does so only indirectly is to be punished according to the gravity of the delict.
§2. An interpreter and the others mentioned in CIC 983, §2 who violate the secret are to be punished with a just penalty, not excluding excommunication.
1389 §1. A person who abuses an ecclesiastical power or function is to be punished according to the gravity of the act or omission, not excluding privation of office, unless a law or precept has already established the penalty for this abuse.
§2. A person who through culpable negligence illegitimately places or omits an act of ecclesiastical power, ministry, or function with harm to another is to be punished with a just penalty.
1390 §1. A person who falsely denounces before an ecclesiastical superior a confessor for the delict mentioned in CIC 1387 incurs a latae sententiae interdict and, if he is a cleric, also a suspension.
§2. A person who offers an ecclesiastical superior any other calumnious denunciation of a delict or who otherwise injures the good reputation of another can be punished with a just penalty, not excluding a censure.
§3. A calumniator can also be forced to make suitable reparation.
1391 The following can be punished with a just penalty according to the gravity of the delict:
1/ a person who produces a false public ecclesiastical document, who changes, destroys, or conceals an authentic one, or who uses a false or altered one;
2/ a person who uses another false or altered document in an ecclesiastical matter;
3/ a person who asserts a falsehood in a public ecclesiastical document.
1392 Clerics or religious who exercise a trade or business contrary to the prescripts of the canons are to be punished according to the gravity of the delict.
1393 A person who violates obligations imposed by a penalty can be punished with a just penalty.
1394 §1. Without prejudice to the prescript of CIC 194, §1, n. 3, a cleric who attempts marriage, even if only civilly, incurs a latae sententiae suspension. If he does not repent after being warned and continues to give scandal, he can be punished gradually by privations or even by dismissal from the clerical state.
§2. A perpetually professed religious who is not a cleric and who attempts marriage, even if only civilly, incurs a latae sententiae interdict, without prejudice to the prescript of CIC 694.
1395 §1. A cleric who lives in concubinage, other than the case mentioned in CIC 1394, and a cleric who persists with scandal in another external sin against the sixth commandment of the Decalogue is to be punished by a suspension. If he persists in the delict after a warning, other penalties can gradually be added, including dismissal from the clerical state.
§2. A cleric who in another way has committed an offense against the sixth commandment of the Decalogue, if the delict was committed by force or threats or publicly or with a minor below the age of sixteen years, is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants.
1396 A person who gravely violates the obligation of residence which binds by reason of ecclesiastical office is to be punished by a just penalty, not excluding, after a warning, even privation from office.
1397 A person who commits a homicide or who kidnaps, detains, mutilates, or gravely wounds a person by force or fraud is to be punished with the privations and prohibitions mentioned in CIC 1336 according to the gravity of the delict. Homicide against the persons mentioned in CIC 1370, however, is to be punished by the penalties established there.
1398 A person who procures a completed abortion incurs a latae sententiae excommunication.
1399 In addition to the cases established here or in other laws, the external violation of a divine or canonical law can be punished by a just penalty only when the special gravity of the violation demands punishment and there is an urgent need to prevent or repair scandals.
1400 §1. The object of a trial is:
1/ the pursuit or vindication of the rights of physical or juridic persons, or the declaration of juridic facts;
2/ the imposition or declaration of a penalty for delicts.
§2. Nevertheless, controversies arising from an act of administrative power can be brought only before the superior or an administrative tribunal.
1401 By proper and exclusive right the Church adjudicates:
1/ cases which regard spiritual matters or those connected to spiritual matters;
2/ the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties.
1402 The following canons govern all tribunals of the Church, without prejudice to the norms of the tribunals of the Apostolic See.
1403 §1. Special pontifical law governs the causes of canonization of the servants of God.
§2. The prescripts of this Code, however, apply to these causes whenever the special pontifical law refers to the universal law, or norms are involved which also affect these causes by the very nature of the matter.
1404 The First See is judged by no one.
1405 §1. It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in CIC 1401:
1/ those who hold the highest civil office of a state;
3/ legates of the Apostolic See and, in penal cases, bishops;
4/ other cases which he has called to his own judgment.
§2. A judge cannot review an act or instrument confirmed specifically (in forma specifica) by the Roman Pontiff without his prior mandate.
§3. Judgment of the following is reserved to the Roman Rota:
1/ bishops in contentious matters, without prejudice to the prescript of CIC 1419, §2;
2/ an abbot primate or abbot superior of a monastic congregation and a supreme moderator of religious institutes of pontifical right;
3/ dioceses or other physical or juridic ecclesiastical persons which do not have a superior below the Roman Pontiff.
1406 §1. If the prescript of CIC 1404is violated, the acts and decisions are considered as not to have been placed.
§2. In the cases mentioned in CIC 1405, the incompetence of other judges is absolute.
1407 §1. No one can be brought to trial in first instance except before an ecclesiastical judge who is competent by reason of one of the titles determined in cann. 1408-1414.
§2. The incompetence of a judge supported by none of these titles is called relative.
§3. The petitioner follows the forum of the respondent. If the respondent has more than one forum, the choice of forum is granted to the petitioner.
1408 Anyone can be brought to trial before the tribunal of domicile or quasi-domicile.
1409 §1. A transient has a forum in the place of his or her actual residence.
§2. A person whose domicile, quasi-domicile, and place of residence are unknown can be brought to trial in the forum of the petitioner provided that no other legitimate forum is available.
1410 By reason of the location of an object, a party can be brought to trial before the tribunal of the place where the object in dispute is located whenever the action is directed against the object or concerns damages.
1411 §1. By reason of a contract, a party can be brought to trial before the tribunal of the place where the contract was entered into or must be fulfilled unless the parties agree to choose some other tribunal.
§2. If the case concerns obligations which originate from another title, a party can be brought to trial before the tribunal of the place where the obligation either originated or must be fulfilled.
1412 In penal cases the accused, even if absent, can be brought to trial before the tribunal of the place where the delict was committed.
1413 A party can be brought to trial:
1/ in cases which concern administration, before the tribunal of the place where the administration was conducted;
2/ in cases which regard inheritances or pious legacies, before the tribunal of the last domicile, quasi-domicile, or place of residence, according to the norm of CIC 1408-1409, of the one whose inheritance or pious legacy is at issue unless it concerns the mere execution of the legacy, which must be examined according to the ordinary norms of competence.
1414 By reason of connection, interconnected cases must be adjudicated by one and the same tribunal in the same process unless a prescript of law prevents this.
1415 By reason of prevention, if two or more tribunals are equally competent, the right of adjudicating the case belongs to the one which legitimately cited the respondent first.
1416 The appellate tribunal resolves conflicts of competence between tribunals subject to it; if the tribunals are not subject to the same appellate tribunal, the Apostolic Signatura resolves conflicts of competence.
Code of Canon Law 1330