Title — 1917 Code of Canon Law
Title IX: Of Interrogations To Be Made to the Parties in Judgment
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1742.§ 1. To elicit the truth of a fact which it is publicly of interest be placed beyond doubt, the judge must interrogate the parties.
§ 2. In other cases he can interrogate one of the contestants not only at the instance of the other party, but also from office, whenever there is question of illustrating a proof brought forward.
§ 3. Interrogation of the parties can be made by the judge at any stage of the judgment before conclusion in the cause; after conclusion in the cause the prescription of can. 1861 is to be observed.
§ 1. Iudex ad eruendam veritatem facti quod publice interest ut extra dubium ponatur, debet partes interrogare.
§ 2. In aliis casibus potest unum ex contendentibus interrogare non solum ad instantiam alterius partis, sed etiam ex officio, quoties agitur de illustranda probatione adducta.
§ 3. Interrogatio partium fieri a iudice potest in quovis stadio iudicii ante conclusionem in causa; post conclusionem in causa servetur praescriptum can. 1861.
1983 Code correlation: can. 1530
Cited by 3 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1743.§ 1. The parties are bound to respond to the judge legitimately interrogating them and to confess the truth, unless there is question of a delict committed by themselves.
§ 2. If a party legitimately interrogated refuses to respond, it belongs to the judge to estimate how much this refusal is to be valued, whether it is just or to be equated with confession or not.
§ 3. A party who must respond, if he has illegitimately refused to respond or if after he has responded he is found mendacious, is to be punished, for a time to be defined by the judge according to the circumstances of things, by removal from legitimate ecclesiastical acts; and if before the response he had rendered an oath concerning telling the truth, a lay person is to be punished by personal interdict, a cleric by suspension.
§ 1. Iudici legitime interroganti partes respondere tenentur et fateri veritatem, nisi agatur de delicto ab ipsis commisso.
§ 2. Si pars legitime interrogata respondere recuset, quanti facienda sit haec recusatio, utrum iusta sit, an confessioni aequiparanda, necne, iudicis est aestimare.
§ 3. Pars, quae respondere debet, si illegitime respondere recusaverit aut si postquam responderit mendax reperta fuerit, puniatur, ad tempus a iudice pro rerum adiunctis definiendum remotione ab actibus legitimis ecclesiasticis; et si ante responsionem iusiurandum de veritate dicenda praestiterit, laicus interdicto personali, clericus suspensione plectatur.
1983 Code correlation: can. 1531
Cited by 10 passages
- Slater, Manual of Moral Theology, Volume II, Book I. Duties Attached to Particular States and Offices, Part I. Duties of Certain Laymen, Chapter III. Prosecutors, Defendants, and Witnesses, n. 2
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part I. On the Duties of Certain Secular Persons, Section IV. On Advocates, Scholion I. On the Accused, n. 1145
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- McHugh–Callan, Moral Theology, Volume II, Part II. Special Moral Theology (Continued), Question II. The Duties of All Classes of Men (the Moral Virtues), Art. 4. The Vices Opposed to Commutative and Distributive Justice, In Defendants, n. 1979
- Prümmer, Manuale Theologiae Moralis, Volume II, Treatise XI. On The Virtue Of Justice And The Opposed Vices, Section I. On Right And On The Virtue Of Justice Itself, Question III. On The Violation Of Justice And The Reparation Of Violated Justice, Chapter III. On Unjust Damaging, Article IV. On Unjust Damaging By Words, I. On Injuries By Words In Judgment, § 5. On The Obligations And Sins Of The Accused Or Defendant In Criminal Judgment, n. 163
- Merkelbach, Summa Theologiae Moralis, Volume II. On the Moral Virtues (1935), Special Moral Theology: On Moral Virtues, Treatise: On the Cardinal Virtue of Justice and on the Annexed Virtues, Fourth Part: On Distributive Justice, Question Four: On Public Judgments, Article II: On the Plaintiff, the Accused, and Witnesses, n. 641
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title X: Of Proofs, Chapter II: Of Witnesses and Attestations, can. 1755
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title X: Of Proofs, Chapter III: Of Experts, can. 1794
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1744.The judge cannot defer an oath concerning telling the truth to the accused in criminal causes; in contentious causes, whenever the public good is involved in the cause, he must exact it from the parties; in other causes, he can exact it according to his prudence.
Iusiurandum de veritate dicenda in causis criminalibus nequit iudex accusato deferre; in contentiosis, quoties bonum publicum in causa est, debet illud a partibus exigere; in aliis, potest pro sua prudentia.
1983 Code correlation: can. 1532, 1728
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book III. On the Aids of the Christian Life, or on the Sacraments, Treatise V. On Penance, Dissertation II. On the Sacrament of Penance, Part II. On the Ministration of the Sacrament of Penance, Section I. On the Ministration of the Sacrament of Penance Generally, Chapter II. On the Right Use of the Power, Article II. On Things to Be Avoided in Confession, § III. On Solicitation to Shameful Things, Point IV. On the Obligation of the Confessor with Respect to a Penitent who Is Bound to Denounce, Scholion I. On the Manner of Receiving a Denunciation, And, Once It Has Been Received, of Proceeding Further Against Those Denounced, n. 426
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- McHugh–Callan, Moral Theology, Volume II, Part II. Special Moral Theology (Continued), Question II. The Duties of All Classes of Men (the Moral Virtues), Art. 4. The Vices Opposed to Commutative and Distributive Justice, In Defendants, n. 1979
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1745.§ 1. Both actor and defendant mutually, and also the promoter of justice and defender of the bond, can exhibit to the judge articles, or questions, concerning which the party is to be interrogated, and which are commonly called positions.
§ 2. In drafting, admitting, and proposing positions to the party, the rules established in can. 1773-1781 are to be observed proportionally.
§ 1. Tum actor tum reus invicem, tum etiam promotor iustitiae et defensor vinculi possunt iudici exhibere articulos, seu quaesita, super quibus pars interrogetur, quaeque vulgo positiones dicuntur.
§ 2. In positionibus exarandis, admittendis et parti proponendis regulae cum proportione serventur quae in can. 1773-1781 statutae sunt.
1983 Code correlation: can. 1533-34
Cited by 3 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1746.For rendering an oath or responding to interrogations, the parties must present themselves personally before the judge, except those of whom in can. 1770, Sec. 2, nn. 1, 2.
Ad iusiurandum praestandum vel interrogationibus respondendum partes personaliter coram iudice se sistere debent, exceptis iis de quibus in can. 1770, § 2, nn. 1, 2.
Cited by 3 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210