Excommunication: Difference between revisions

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:: Unless the excusing circumstances outlined in canons 1321-1330<ref>[http://www.vatican.va/archive/ENG1104/__P4W.HTM Cann. 1321-1330]</ref> exist, the Code of Canon Law imposes ''latae sententiae'' excommunication on the following:
:: Unless the excusing circumstances outlined in canons 1321-1330<ref>[http://www.vatican.va/archive/ENG1104/__P4W.HTM Cann. 1321-1330]</ref> exist, the Code of Canon Law imposes ''latae sententiae'' excommunication on the following:
::* an [[apostate]] from the faith, a heretic, or a schismatic;<ref>[http://www.vatican.va/archive/ENG1104/__P52.HTM Can. 1364]</ref>
::* an apostate from the faith, a heretic, or a schismatic;<ref>[http://www.vatican.va/archive/ENG1104/__P52.HTM Can. 1364]</ref>
::* a person who throws away the consecrated Eucharistic species or takes and retains them for a sacrilegious purpose;<ref>[http://www.vatican.va/archive/ENG1104/__P52.HTM Can. 1367]</ref>
::* a person who throws away the consecrated Eucharistic species or takes and retains them for a sacrilegious purpose;<ref>[http://www.vatican.va/archive/ENG1104/__P52.HTM Can. 1367]</ref>
::* a person who uses physical force against the [[Pope]];<ref name="can-1370">[http://www.vatican.va/archive/ENG1104/__P53.HTM Can. 1370]</ref>
::* a person who uses physical force against the Pope;<ref name="can-1370">[http://www.vatican.va/archive/ENG1104/__P53.HTM Can. 1370]</ref>
::* a priest who uses confession as a pretext to solicit the penitent to break the commandment against adultery;<ref name="can-1378">[http://www.vatican.va/archive/ENG1104/__P54.HTM Can. 1378]</ref>
::* a priest who uses confession as a pretext to solicit the penitent to break the commandment against adultery;<ref name="can-1378">[http://www.vatican.va/archive/ENG1104/__P54.HTM Can. 1378]</ref>
::* a bishop who ordains someone a bishop without a papal mandate, and the person who receives the ordination from him;<ref>[http://www.vatican.va/archive/ENG1104/__P54.HTM Can. 1382]</ref>
::* a bishop who ordains someone a bishop without a papal mandate, and the person who receives the ordination from him;<ref>[http://www.vatican.va/archive/ENG1104/__P54.HTM Can. 1382]</ref>
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::* accomplices without whose assistance a violation of a law prescribing ''latae sententiae'' excommunication would not have been committed.<ref>[http://www.vatican.va/archive/ENG1104/__P4W.HTM Can. 1329]</ref>
::* accomplices without whose assistance a violation of a law prescribing ''latae sententiae'' excommunication would not have been committed.<ref>[http://www.vatican.va/archive/ENG1104/__P4W.HTM Can. 1329]</ref>


:: Legislation outside of the Code of Canon Law may also decree ''latae sententiae'' excommunication. An example is that governing papal elections, which applies it to persons who violate secrecy, or who interfere with the election by means such as [[simony]] or communicating the veto of a civil authority.<ref>[http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_22021996_universi-dominici-gregis_en.html Universi Dominici Gregis]<ref>
:: Legislation outside of the Code of Canon Law may also decree ''latae sententiae'' excommunication. An example is that governing papal elections, which applies it to persons who violate secrecy, or who interfere with the election by means such as simony or communicating the veto of a civil authority.<ref>[http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_22021996_universi-dominici-gregis_en.html Universi Dominici Gregis]</ref>


:: The ''ipso facto'' excommunication that applied before 1983 to Catholics who became members of [[Freemasonry]] was not maintained in the revised Code of Canon Law that came into force in that year. However, the [[Holy See]] has declared that membership remains forbidden and that "the faithful who enroll in Masonic associations are in a state of grave sin and may not receive Holy Communion".<ref>[http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19831126_declaration-masonic_en.html Declaration on Masonic Associations.]</ref>
:: The ''ipso facto'' excommunication that applied before 1983 to Catholics who became members of [[Freemasonry]] was not maintained in the revised Code of Canon Law that came into force in that year. However, the [[Holy See]] has declared that membership remains forbidden and that "the faithful who enroll in Masonic associations are in a state of grave sin and may not receive Holy Communion".<ref>[http://www.vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19831126_declaration-masonic_en.html Declaration on Masonic Associations.]</ref>

Revision as of 13:29, 20 August 2012

Scripture

Canon law

Overview

Wikipedia, "Latae sententiae--Excommunications"
Unless the excusing circumstances outlined in canons 1321-1330[1] exist, the Code of Canon Law imposes latae sententiae excommunication on the following:
  • an apostate from the faith, a heretic, or a schismatic;[2]
  • a person who throws away the consecrated Eucharistic species or takes and retains them for a sacrilegious purpose;[3]
  • a person who uses physical force against the Pope;[4]
  • a priest who uses confession as a pretext to solicit the penitent to break the commandment against adultery;[5]
  • a bishop who ordains someone a bishop without a papal mandate, and the person who receives the ordination from him;[6]
  • a confessor who directly violates the sacramental seal of confession;[7]
  • a person who procures a completed abortion;[8]
  • accomplices without whose assistance a violation of a law prescribing latae sententiae excommunication would not have been committed.[9]
Legislation outside of the Code of Canon Law may also decree latae sententiae excommunication. An example is that governing papal elections, which applies it to persons who violate secrecy, or who interfere with the election by means such as simony or communicating the veto of a civil authority.[10]
The ipso facto excommunication that applied before 1983 to Catholics who became members of Freemasonry was not maintained in the revised Code of Canon Law that came into force in that year. However, the Holy See has declared that membership remains forbidden and that "the faithful who enroll in Masonic associations are in a state of grave sin and may not receive Holy Communion".[11]

Catechism

The word "excommunication" appears only three times in the Catechism.

#1463
Certain particularly grave sins incur excommunication, the most severe ecclesiastical penalty, which impedes the reception of the sacraments and the exercise of certain ecclesiastical acts, and for which absolution consequently cannot be granted, according to canon law, except by the Pope, the bishop of the place or priests authorized by them. In danger of death any priest, even if deprived of faculties for hearing confessions, can absolve from every sin and excommunication.[12]
#2272
Formal cooperation in an abortion constitutes a grave offense. The Church attaches the canonical penalty of excommunication to this crime against human life. "A person who procures a completed abortion incurs excommunication latae sententiae,"[13] "by the very commission of the offense,"[14] and subject to the conditions provided by Canon Law.[15] The Church does not thereby intend to restrict the scope of mercy. Rather, she makes clear the gravity of the crime committed, the irreparable harm done to the innocent who is put to death, as well as to the parents and the whole of society.
#2322
From its conception, the child has the right to life. Direct abortion, that is, abortion willed as an end or as a means, is a "criminal" practice (GS 27 § 3), gravely contrary to the moral law. The Church imposes the canonical penalty of excommunication for this crime against human life.

References

  1. Cann. 1321-1330
  2. Can. 1364
  3. Can. 1367
  4. Can. 1370
  5. Can. 1378
  6. Can. 1382
  7. Can. 1388
  8. Can. 1398
  9. Can. 1329
  10. Universi Dominici Gregis
  11. Declaration on Masonic Associations.
  12. Cf. CIC, can. 976: "Even though a priest lacks the faculty to hear confessions, he absolves validly and licitly any penitents whatsoever in danger of death from any censures and sins, even if an approved priest is present"; CCEO, can. 725.
  13. CIC, can. 1398.
  14. CIC, can. 1314: "Can. 1314 Generally, a penalty is ferendae sententiae, ["judgment to be imposed"] so that it does not bind the guilty party until after it has been imposed; if the law or precept expressly establishes it, however, a penalty is latae sententiae, ["judgment imposed"] so that it is incurred ipso facto when the delict is committed."
  15. Cf. CIC, cann. 1323-1324.

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