Some information about the trial process

Some information about the trial process

When the prior investigation shows that there is substance to the accusation, the bishop issues the decree that a trial shall take place.

The promoter of justice prepares and submits the libellus (CCEO canon 1472; CIC canon 1721).

At this point, the accused will already have an advocate. Should he not, then he must select one.

The vicar judicial (or the eparch/bishop) constitutes the tribunal. This is to be a collegiate tribunal of three judges (CCEO canon 1084 §1, 3o; CIC 1425 §1, 2o). It is also possible that the bishop (Latin Church only) would decide that a tribunal of five judges be appointed (CIC canon 1425 §2).

The presiding judge issues the decree accepting the libellus and cites the respondent for the litis contestatio. The judge is to make sure that the accused has a canonical advocate. (CCEO canon 1139, §2, 1474; CIC canon 1481 §2, 1723). The accused is free to appoint any qualified person as his advocate (CCEO canon 1141; CIC canon 1483). He must appoint the advocate with a valid and authentic mandate. (CCEO canon 1142 §1; CIC canon 1484 §1) The bishop/eparch must issue a decree accepting an advocate if he has not already been accepted to serve before the tribunal hearing the case. The bishop/eparch should not refuse this acceptance except for grave cause (refer to "Code of Professional Standards", Canon Law Society of America, courtesy #2).

The litis contestatio takes place in accordance with CCEO canons 1195-1198; CIC canons 1513- 1516.

Once the litis contestatio has occurred the accused must be given adequate time to present and complete proofs (CCEO canon 1198, 1207-1210; CIC canon 1516, 1526-1529).

A caution about the judicial confession (CCEO canon 1217; CIC canon 1535). If made, it must be clear that it is not from force or fear, even reverential fear. Even this confession, because the case is a matter of the public good, does not necessarily end the probative stage (CCEO canon 1217; CIC canon 1536).

In the matter of witnesses, the parties must know the names of all witnesses before the witnesses are examined (CCEO canon 1235; CIC canon 1554). A single witness does not normally provide full proof (CCEO canon 1254; CIC canon 1573). The accused also has the right to request exclusion of one or more witnesses before the witness is examined (CCEO canon 1236; CIC canon 1555).

Expert witnesses may be needed in regard to the presumption of imputability.

Besides written evidence, in a penal trial in any of the Eastern churches, there must be an oral discussion (CCEO canon 1476) in which the promoter of justice, the accused and the advocate for the accused, an injured party and that party’s advocate (if the injured party has intervened in accord with canons 1483-1485) take part (CCEO canon 1477). If the discussion indicates that new proofs must be gathered, the decision is delayed (CCEO canon 1479 §2).

The judges must have moral certitude in rendering the sentence. The promoter of justice has the burden of proof.

Once the sentence is rendered, the accused (as well as the promoter of justice) can appeal. The appeal suspends execution of the sentence. (CCEO canon 1481 §1, §2; CIC canon 1727 §1 ,§2).

If the sentence be not guilty, either at the first instance sentence or upon appeal, the one who had been accused must be returned to active ministry, even in the office of pastor if he held that office prior to the accusation. Every effort must be made to restore his good name, even though that may be difficult. He may also want to take measures in the tribunal against the person who falsely accused him. Eparchial/diocesan officials should not be surprised if this take place. Refer to CCEO canon 1451; CIC canon 1390 §2 and CCEO canon 1452; CIC canon 1390 §2.

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