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Benedict Gets Serious

[2010-07-16]
[Engleză]
A new document from the Vatican, published today, sets forth new, faster procedures for the handling of sexual abuse cases in the Church. The new document, signed on May 21, 2010, but published today, is a revision of norms originally published nine years ago, on April 30, 2001. The bottom line: Pope Benedict is beginning to get serious about his reform of the Church...

By Robert Moynihan

=====================================

The Benedictine Reform

July 15, 2010 — Today in Rome, the Holy See published revisions in the norms to be used throughout the Church to handle 'more serious (or exceptionally serious) crimes' ('graviora delicta').

Pope Benedict XVI approved these revisions on May 21, and that have since been translated and prepared for publication today.

The essential meaning of these changes is that Pope Benedict is moving forward steadily in his overarching vision to reform the Catholic Church.

But it is important to note that this is not the end of the 'Benedictine Reform,' only the beginning.
So stay tuned for more developments in the weeks and months ahead...

I note, also, that below the Latin word 'delictum' (Etymology: a noun derived from the verb d?linqu? (“fail, be wanting”), d?lictum (genitive d?lict?), is a neuter, second declension noun which means 'fault, offense, misdeed, crime, transgression') is often translated simply as 'delict'. This is an English word, but may be unfamiliar to many; thus, when you read 'delict' in the English text, you may simply wish to translate it mentally as 'crime.'

More Rapid Response

The essence of the matter is that these norms call for more rapid responses to all sexual abuse charges, so that they are dealt with more effectively than in the past.

The revised norms also lay the basis for a more vigilant defense of the sanctity of the sacraments, above all, of the Eucharist, but also of Penance and Holy Orders.

The Pope's spokesman, Father Federico Lombardi, S.J., gave this summary of the reason for the revisions published today:

'The Norms of canon law dealing with crimes of sexual abuse of minors by members of the clergy have been published today in a comprehensive and updated form, in a document which covers all the crimes the Church considers as exceptionally serious and, for that reason, subject to the competency of the Tribunal of the Congregation for the Doctrine of the Faith,' he said.

'Apart from sexual abuse, these include crimes against the faith and against the Sacraments of the Eucharist, Penance and Holy Orders,' he said.

Lombardi added: 'The Norms concerning sexual abuse make specific provision for more rapid procedures in order to deal with the most urgent and serious situations more effectively. [emphasis mine]

'They also admit lay people into the tribunal staff; extend the statue of limitations from 10 to 20 years; establish parity between the abuse of mentally disabled people and that of minors, and introduce the crime of paedophile pornography,' he said.

'The Norm concerning the secrecy of trials is maintained in order to protect the dignity of everyone involved,' he said.

He specified that these are internal Church laws [emphasis mine] and procedures.

'These norms are part of canon law; i.e., they exclusively concern the Church,' he said.

'For this reason they do not deal with the subject of reporting offenders to the civil authorities. It should be noted, however, that compliance with civil law is contained in the instructions issued by the Congregation for the Doctrine of the Faith as part of the preliminary procedures to be followed in abuse cases, as per the 'Guide to Understanding Basic CDF Procedures.''

And this is not the end of the Vatican's developing response to the sexual abuse crisis.

'The Congregation for the Doctrine of the Faith is also working on further instructions for bishops, so that the directives it issues on the subject of sexual abuse of minors, either by the clergy or in institutions connected with the Church, may be increasingly rigorous, coherent and effective,' Lombardi said.

So, nota bene ('note well'), we may expect further developments soon in this regard.

==================================

Presentation of the New Norms by Levada

Cardinal William Levada, an American, the successor of Cardinal Joseph Ratzinger (now Pope Benedict XVI) as Prefect of the Congregation for the Doctrine of the Faith in Rome, released the following brief statement explaining the meaning of these revisions:

NORMAE DE GRAVIORIBUS DELICTIS ('Norms Concerning More Serious, or Exceptionally Serious, Crimes')

Nine years after the promulgation of the Apostolic Letter Motu proprio data, «Sacramentorum sanctitatis tutela», ['The Safeguarding of the Holiness of the Sacraments'] regarding the norms de gravioribus delictis ['concerning more serious crimes'] reserved to the Congregation for the Doctrine of the Faith, this Dicastery held it necessary to proceed with a reform of the above mentioned text, emending it not in its entirety, but only in certain areas, in order to render the text more useful.

After a thorough and attentive study of the proposed modifications to the norms, the Fathers of the Congregation for the Doctrine of the Faith presented the Roman Pontiff with a draft. The Holy Father approved and ordered the promulgation of these revised norms on 21 May 2010.

Attached with this letter is a brief description of the changes and amendments of the normative text, «Sacramentorum sanctitatis tutela». In this way, the modifications are rendered more immediately accessible.

Rome, from the Congregation for the Doctrine of the Faith, 21 May 2010.

—William Cardinal Levada
Prefect

— Luis F. Ladaria, S.I., Arcivescovo tit. di Thibica
Secretary

=================================

Brief Summary of the Contents

Here below is a brief summary, prepared by Cardinal Levada, of the changes made:

CONGREGAZIONE PER LA DOTTRINA DELLA FEDE: BREVE RELAZIONE CIRCA LE MODIFICHE INTRODOTTE NELLE NORMAE DE GRAVIORIBUS DELICTIS RISERVATI ALLA CONGREGAZIONE PER LA DOTTRINA DELLA FEDE (Brief Relation on the Modifications Introduced in the Norms Concerning More Serious Crimes Reserved to the Congregation for the Doctrine of the Faith)

The new text of the Normae de gravioribus delictis, as revised by Pope Benedict XVI on 21 May 2010, contains modifications to both the substantial and the procedural norms found in the original text of Sacramentorum sanctitatis tutela.

The following are the changes introduced into the text:

A) The following faculties, originally granted by Pope John Paul II to the Congregation for the Doctrine of the Faith and later confirmed by his successor, Pope Benedict XVI, on 6 May 2005, have been introduced into the text:

1. The right, as mandated by the Roman Pontiff, to judge Cardinals, Patriarchs, Legates of the Apostolic See, Bishops and other physical persons found in CIC can. 1405 §3 and CCEO can. 1061 (art. 1 § 2);

2. The extension of the term of prescription of a criminal action to twenty years, maintaining the right of the Congregation for the Doctrine of the Faith to derogate from prescription on a case by case basis (art. 7);

3. The faculty to dispense from the requirement of priesthood and the requirement of a doctorate in canon law for the personnel of the Tribunal, advocates and procurators (art. 15);

4. The faculty to sanate acts in cases where only procedural laws have been violated by an inferior Tribunal, guaranteeing, always, the right to a proper defense (art. 18);

5. The faculty to dispense from a judicial trial and, therefore, to proceed per decretum extra iudicium. In these cases the Congregation for the Doctrine of the Faith, after a careful examination of the facts, decides on a case by case basis when to authorize an extra-judicial (administrative) process, at the request of the Ordinary or local Hierarch or ex officio (in any of these cases, the imposition of a perpetual, expiatory penalty requires the mandate of the Congregation for the Doctrine of the Faith) (art. 21 § 2 n. 1);

6. The faculty to present cases directly to the Holy Father for dimissio e statu clericali or depositio, una cum dispensatione a lege caelibatus; to proceed in this manner, in addition to the extreme gravity of the particular case, the commission of the delict in question must be manifest and the right to a proper defense of the accused must be guaranteed (art. 21 § 2 n. 2);

7. The faculty to make recourse to the Ordinary Session of the Congregation for the Doctrine of the Faith against administrative acts issued or approved by the same Congregation in a lower grade of judgment, in cases of reserved delicts (art. 27).

B) The following modifications have also been introduced into the text:

8. The delicta contra fidem (heresy, apostasy and schism) have been included; for these delicts, the norms indicate a particular competence for the local Ordinary to proceed ad normam iuris, either in a judicial manner or extra iudicium in the first instance, maintaining the right of appeal or recourse to the Congregation for the Doctrine of the Faith (art. 1 § 1 and art. 2);

9. Regarding the Eucharist, the two delicts of attentatio liturgicae eucharistici Sacrificii actionis (CIC can. 1378 § 2 n.1) and the simulation of the same (CIC can. 1379; CCEO can. 1443) are now considered under separate numbers (art 3 § 1 nn. 2 and 3);

10. Also concerning delicts against the Eucharist, with respect to the previous version of the text, the phrase 'alterius materiae sine altera' has been replaced with the expression 'unius materiae vel utriusque' and the phrase 'aut etiam utriusque extra eucharisticam celebrationem' has been replaced with 'aut extra eam' (art. 3 § 2);

11. Regarding the Sacrament of Penance, the crimes specified in CIC can. 1378 § 2 (attempting to impart sacramental absolution or hearing a sacramental confession, when one cannot do so validly) and CIC 1379 and CCEO can. 1443 (simulation of sacramental absolution) have been included in the text (art. 4 § 1 nn. 2 and 3);

12. Also included among the delicts are the indirect violation of the seal (art. 4 § 1 n. 5), the recording and divulgation of a sacramental confession done with malice (decree of the Congregation for the Doctrine of the Faith, 23 September 1988) (art. 4 § 2);

13. The attempted ordination of a woman has also been introduced as a delict in the new text, as established by the decree of the Congregation for the Doctrine of the Faith on 19 December 2007 (art. 5);

14. Among the delicta contra mores: a person over 18 years of age who is developmentally disabled is equated to a minor exclusively in regards to art. 6 § 1 n. 1;

15. Also added as delicts are the acquisition, possession or distribution of pornographic images of minors under the age of 14, a clerico turpe patrata, in any way and by any means (art. 6 § 1 n. 2);

16. It is clarified that the munera processui praeliminaria may be, but need not necessarily be, undertaken directly by the Congregation for the Doctrine of the Faith (art. 17);

17. The possibility of taking the cautionary measures foreseen in CIC can. 1722 and CCEO can. 1473 during the preliminary investigation is allowed (art. 19).

Given at the Congregation for the Doctrine of the Faith

William Cardinal Levada
Prefect

Luis F. Ladaria, S.I.
Titular Archbishop of Thibica
Secretary

===================================================

Father Lombardi's Complete Presentation

Here is the complete text of Father Lombardi's explanation of this revised document.

The significance of the publication of the new 'Norms concerning the most serious crimes.'

Note by Fr. F. Lombardi.

By Father Federico Lombardi

In 2001 the Holy Father John Paul II promulgated a very important document, the Motu Proprio 'Sacramentorum sanctitatis tutela', which gave the Congregation for the Doctrine of the Faith responsibility to deal with and judge a series of particularly serious crimes within the ambit of canon law. This responsibility had previously been attributed also to other dicasteries, or was not completely clear.

The Motu Proprio (the 'law' in the strict sense) was accompanied by a series of practical and procedural Norms, known as 'Normae de gravioribus delictis'. Over the nine years since then, experience has naturally suggested that these Norms be integrated and updated, so as to streamline and simplify the procedures and make them more effective, and to take account of new problems. This has been achieved principally by the Pope attributing new 'faculties' to the Congregation for the Doctrine of the Faith; faculties which, however, were not organically integrated into the initial Norms. This has now come about, within the context of a systematic revision of those Norms.

The serious crimes to which the regulations referred concerned vital aspects of Church life: the Sacraments of the Eucharist and of Penance, but also sexual abuse committed by a priest against a minor under the age of eighteen.

The vast public echo this latter kind of crime has had over recent years has attracted great attention and generated intense debate on the norms and procedures applied by the Church to judge and punish such acts.

It is right, then, that there should be complete clarity concerning the regulations currently in force in this field, and that these regulations be presented organically so as to facilitate the work of the people who deal with these matters.

An initial clarification - especially for use by the media - was provided recently with the publication on the Holy See website of a brief 'Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations'. The publication of the new Norms is, however, quite a different thing, providing us with an official and updated legal text which is valid for the whole Church.

In order to facilitate the reading of the Norms by a non-specialist public, particularly interested in the problems of sexual abuse, we will seek to highlight a number of important aspects:

Among the novelties introduced with respect to the earlier Norms, mention must be made, above all, of measures intended to accelerate procedures, such as the possibility of not following the 'judicial process' but proceeding by 'extrajudicial decree', or that of presenting (in particular circumstances) the most serious cases to the Holy Father with a view to dismissing the offender from the clerical state.

Another Norm intended to simplify earlier problems and to take account of the evolution of the situation in the Church concerns the possibility of having not only priests but also lay persons as members of the tribunal staff, or as lawyers or prosecutors. Likewise, in order to undertake these functions it is no longer strictly necessary to have a doctorate in canon law, but the required competency can also be proved in another way; for example, with a licentiate.

Another aspect worthy of note is the increase of the statue of limitations from ten years to twenty years, with the possibility of extension even beyond that period.

Another significant aspect is establishing parity between the abuse of mentally disabled people and that of minors, and the introduction of a new category: paedophile pornography. This is defined as: 'the acquisition, possession or disclosure' by a member of the clergy, 'in any way and by any means, of pornographic images of minors under the age of fourteen'.

Regulations concerning the secrecy of trials are maintained, in order to safeguard the dignity of all the people involved.

One point that remains untouched, though it has often been the subject of discussion in recent times, concerns collaboration with the civil authorities. It must be borne in mind that the Norms being published today are part of the penal code of canon law, which is complete in itself and entirely distinct from the law of States.

On this subject, however, it is important to take note of the 'Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations', as published on the Holy See website. In that Guide, the phrase 'Civil law concerning reporting of crimes to the appropriate authorities should always be followed' is contained in the section dedicated to 'Preliminary Procedures'. This means that in the practice suggested by the Congregation for the Doctrine of the Faith it is necessary to comply with the requirements of law in the various countries, and to do so in good time, not during or subsequent to the canonical trial.

Today's publication of the Norms makes a great contribution to the clarity and certainty of law in this field; a field in which the Church is today strongly committed to proceeding with rigour and transparency so as to respond fully to the just expectations of moral coherence and evangelical sanctity nourished by the faithful and by public opinion, and which the Holy Father has constantly reiterated.

Of course, many other measures and initiatives are required from the various ecclesiastical bodies. The Congregation for the Doctrine of the Faith is currently examining how to help the bishops of the world formulate and develop, coherently and effectively, the indications and guidelines necessary to face the problems of the sexual abuse of minors, either by members of the clergy or within the environment of activities and institutions connected with the Church, bearing in mind the situation and the problems of the societies in which they operate.

This will be another crucial step on the Church's journey as she translates into permanent practice and continuous awareness the fruits of the teachings and ideas that have matured over the course of the painful events of the 'crisis' engendered by sexual abuse by members of the clergy.

In order to complete this brief overview of the principal novelties contained in the 'Norms', mention must also be made of those that refer to crimes of a different nature. In this case too it is not so much a case of introducing new substance as of integrating rules that are already in force so as to obtain a better ordered and more organic set of regulations on the 'most serious crimes' reserved to the Congregation for the Doctrine of the Faith.

These include crimes against the faith (heresy, apostasy and schism) for which competency normally falls to ordinaries, although the Congregation becomes competent in the case of an appeal; the malicious recording and disclosure of sacramental Confession about which a decree of condemnation was published in 1988; and the attempted ordination of women, about which a decree was published in 2007.

Sursa: www.InSideTheVatican.com

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