An outline of the trial process

	CCEO	CIC
I. Pre-trial

A. Eparch/bishop receives accusation	c. 1468 §1	c. 1717 §1
1. cannot act on anonymous accusations
B. Eparch/bishop issues decree appointing	c. 1468 §1, §2, §3	c. 1717 §1, §2, §3
the investigator and ordering the prior investigation
1. investigation takes place
2. may utilize the review board's expertise and assistance
3. care not to harm the accused's good name	c. 1468 §2	c. 1717 §2
C. Accusation does not seem to have merit	c. 1469 §1	c. 1718 §1, #1; §2
1. the matter ends
2. eparch/bishop issues decree closing the investigation	c. 1469 §1	c. 1718 §2
3. the accused does not need to be informed that an accusation
was made
4. the acts of the investigation, eparch’s/bishop's decrees, all matters preceding the investigation are placed in the secret archives of the eparchial/diocesan curia. (except those needed for the penal process).	c. 1470, c. 259 §2	c. 1719, c. 489 §1 & §2
D. Accusation seems to have merit
1. hearing
a. Eastern churches: must hear accused and promoter of justice, may also hear two judges or experts in the law	c. 1469 §3	xxx
b. Latin Church: may hear two judges	xxx	c. 1718 §3
2. eparch/bishop issues decree that a trial is to take place	c. 1469 §1	c. 1718 §1, #3
3. Congregation for the Doctrine of the Faith is informed (Norms #6)
4. measures of CCEO canon 1472 or CIC canon 1721 are decreed by the eparch/bishop

II. Trial

A. C.D.F. responds ordering the trial to begin. The response might give special instructions about the process.
1. promoter of justice prepares and submits the libellus	cc. 1472, 1185, 1187	cc. 1721, 1502, 1504
2. appointment of those who will on the tribunal for the case	refer to c. 1084 §1, #3	refer to c. 1425 §1, #2; §2
3. decree issued accepting the libellus and citing the accused	cc. 1188, 1190 §1	c. 1505 §1
4. accused must have an advocate	cc. 1139 §2, 1484	cc. 1481 §2, 1723
5. litis contestatio (sometimes called joinder of the issue) takes place	cc. 1195-1198	cc. 1513-1516
B. Probative stage takes place
1. time allotted to the accused to prepare his defense	c. 1198 and cc. 1207- 1210	c. 1516 and cc. 1526 1529
2. accused is given names of witnesses who will be called	c. 1235	c. 1554
3. proofs, names of witnesses and questions for them submitted to the judges	cc. 1220, 1223 §1, §2	cc. 1539, 1552 §1, §2
4. promoter of justice, the accused and his advocate have the opportunity to review acts not yet known to them	c. 1281 §1	c. 1598 §1
5. parties can propose additional proofs. These may also be reviewed by the parties	c. 1281 §2	c. 1598 §2
C. Conclusion and sentencing
1. ponens issues decree of conclusion	c. 1282 §1, §2, §3	c. 1599 §1, §2, §3
2. time allotted for preparation of briefs	c. 1284	c. 1601
a. Eastern churches only – oral discussion must take place	c. 1476	xxx
b. additional proofs gathered, if needed, and made available to the parties	c. 1479 §2	xxx
3. opportunity for rejoinder briefs	c. 1286 §1, §2, §3	c. 1603 §1 §2, §3
4. judges render sentence	cc. 1290-1292	cc. 1607-1609
a. Eastern churches only – dispositive part normally published immediately	c. 1480	xxx
b. formal publication of sentence take place within a month	c. 1480	xxx
5. sentence is published	c. 1480	c. 1614
D. Appeals
1. promoter of justice and respondent both have the right to appeal	c. 1481 §1, §2	c. 1727 §1, §2
a. appeal can be nullity of sentence	c. 1302 ff	c. 1619 ff
b. appeal can be the decision itself	c. 1481 §1, §2	c. 1727 §1, §2
2. appeal is made to second instance tribunal or directly to the Holy See	cc. 1064 §1, 1059	cc. 1438, 1417 §1

III. Post-trial

A. Execution of sentence
1. executed immediately if no appeal	c. 1337 ff	c. 1650 ff
2. any appeal suspends execution of sentence	c. 1319	c. 1638
B. If first instance sentence is upheld upon appeal, sentence is executed	c. 1337 ff	c. 1650 ff
C. All acts from the trial are placed in the secret archive of the eparchial/diocesan curia	c. 259 §1	c. 489 §1
1. must be destroyed after ten years have elapsed	c. 259 §2	c. 489 §2
2. must be destroyed if the guilty has died	c. 259 §2	c. 489 §2
3. archives must be reviewed annually	c. 259 §2	c. 489 §2

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