Some information about the action to be taken |
The accused could confess, submit resignation from office and request return to the lay state. If he be guilty, this may be in the best interests of all involved. It would eliminate the need for a trial that could be to the detriment of all parties involved and the common good. |
The accused could confess but not submit resignation from office nor request return to the lay state. In that case the hierarch/ordinary should proceed to removal and, possibly, returning him to the lay state, all in accord with the norms of the law. |
The accused could deny the truth of the allegations. In this case, since, if he be found guilty of even one offense, he will “be removed permanently form ecclesiastical ministry, not excluding dismissal from the clerical state ... ” (norm 8), the administrative process cannot be followed. The penalty threatened is a permanent one (CCEO canon 1402 §2; CIC canon 1342 §2. These two canons differ somewhat). |
The hierarch/ordinary makes the decision to move to a judicial process (trial). He must issue the decree. Although he has listened to the investigator and the review board, it is to him and to him alone that this obligation falls (CCEO canon 1469; CIC 1718). |
The acts of the investigation and the decrees must be put in the secret archive if they are not necessary for the procedure of imposing penalties (CCEO canon 1469; CIC canon 1719). |
This is the point at which the C.D.F. is to be notified and the measures of CCEO canon 1473; CIC canon 1722 are to be employed. They cannot be employed before this point. This is to be done by administrative decree of the hierarch/ordinary in accordance with the requirements of law for administrative decrees (CCEO canons 1514, 1519; CIC canons 37, 51). |
Bear in mind that the accused cleric does not lose his right to the means of a decent livelihood (CCEO canons, 390 §1, §2; 1410; CIC canons 281, §1, §2; 1350 §1, §2). The eparchy/diocese is obliged to take care of this, even if it mean providing a larger cash payment than the cleric would receive were he still engaged in ministry and living in a rectory. The usual context of, especially a priest, is in a rectory with utilities and food provided. If he must rent an apartment and pay his own utilities, food costs and any others that would normally be provided, he must then receive, not only his normal income, but the additional amount to compensate for the loss of the other means of a decent livelihood. This also includes health insurance and payments into the pension plan fund. |
It appears that, at this stage, one must wait for a response from the C.D.F.. The congregation will either call the case to itself or notify the bishop/eparch how to proceed (norm 8A). The word, how, is an addition to the revised text from the Nov., 2002 USCCB meeting. It suggests that the C.D.F. may require a process that differs in some respects from that currently found in the two codes. In the light of this, ordinaries/hierarchs, judges, promoters of justice and advocates should all look at any communication from the C.D.F. very carefully. |
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