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CCEO |
CIC |
| I. Pre-trial |
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| A. Eparch/bishop
receives accusation |
c. 1468 §1 |
c. 1717 §1 |
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1. cannot act on anonymous accusations |
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| B. Eparch/bishop
issues decree appointing the investigator and ordering the prior investigation |
c. 1468 §1, §2, §3 |
c. 1717 §1, §2, §3 |
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1. investigation takes place |
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2. may utilize the review board's expertise and assistance |
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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 |
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1. the matter ends |
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2. eparch/bishop issues decree closing the investigation |
c. 1469 §1 |
c. 1718 §2 |
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3. the accused does not need to be informed that an accusation was made |
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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 |
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1. hearing |
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a. Eastern churches: must hear accused and promoter of justice, may also hear two judges or experts in the law |
c. 1469 §3 |
xxx |
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b. Latin Church: may hear two judges |
xxx |
c. 1718 §3 |
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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) |
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4. measures of CCEO canon 1472 or CIC canon 1721 are decreed by the eparch/bishop |
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| II. Trial |
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| A. C. D.F. responds
ordering the trial to begin. The response might give special instructions about the process. |
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1. promoter of justice prepares and submits the libellus |
cc. 1472, 1185, 1187 |
cc. 1721,
1502, 1504 |
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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 |
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3. decree issued accepting the libellus and citing the accused |
cc. 1188, 1190 §1 |
c. 1505
§1 |
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4. accused must have an advocate |
cc. 1139 §2, 1484 |
cc. 1481 §2,
1723 |
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5. litis contestatio (sometimes called joinder of the issue) takes place |
cc. 1195-1198 |
cc. 1513-1516 |
| B. Probative stage
takes place |
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1. time allotted to the accused to prepare his defense |
c. 1198 and cc. 1207-
1210 |
c. 1516
and cc. 1526
1529 |
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2. accused is given names of witnesses who will be called |
c. 1235 |
c. 1554 |
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3. proofs, names of witnesses and questions for them submitted to the judges |
cc. 1220, 1223 §1, §2 |
cc. 1539, 1552 §1, §2 |
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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 |
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5. parties can propose additional proofs. These may also be reviewed by the parties |
c. 1281 §2 |
c. 1598
§2 |
| C. Conclusion and
sentencing |
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1. ponens issues decree of conclusion |
c. 1282 §1, §2, §3 |
c. 1599
§1, §2, §3 |
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2. time allotted for preparation of briefs |
c. 1284 |
c. 1601 |
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a. Eastern churches only – oral discussion must take place |
c. 1476 |
xxx |
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b. additional proofs gathered, if needed, and made available to the parties |
c. 1479 §2 |
xxx |
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3. opportunity for rejoinder briefs |
c. 1286 §1, §2, §3 |
c. 1603
§1 §2, §3 |
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4. judges render sentence |
cc. 1290-1292 |
cc. 1607-1609 |
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a. Eastern churches only – dispositive part normally published immediately |
c. 1480 |
xxx |
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b. formal publication of sentence take place within a month |
c. 1480 |
xxx |
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5. sentence is published |
c. 1480 |
c. 1614 |
| D. Appeals |
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1. promoter of justice and respondent both have the right to appeal |
c. 1481 §1, §2 |
c. 1727 §1, §2 |
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a. appeal can be nullity of sentence |
c. 1302 ff |
c. 1619 ff |
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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 |
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| III. Post-trial |
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| A. Execution of
sentence |
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1. executed immediately if no appeal |
c. 1337 ff |
c. 1650 ff |
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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 |
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1. must be destroyed after ten years have elapsed |
c. 259 §2 |
c. 489 §2 |
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2. must be destroyed if the guilty has died |
c. 259 §2 |
c. 489 §2 |
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3. archives must be reviewed annually |
c. 259 §2 |
c. 489 §2 |
