Chapter — 1917 Code of Canon Law
Chapter III: Of the Correction of the Delinquent
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1947.If the defendant, having been interrogated, confesses the delict, the Ordinary, in place of a criminal judgment, is to use judicial correction if there is place for it.
Si reus interrogatus delictum confiteatur, Ordinarius, loco criminalis iudicii, utatur correptione iudiciali si eidem locus sit.
Cited by 6 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- 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 II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, Chapter III: Of the Correction of the Delinquent, can. 1950
- 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. 1948.Judicial correction cannot have place:
1° In delicts which carry the penalty of excommunication reserved in a most special or special manner to the Apostolic See, or of privation of benefice, infamy, deposition, or degradation.
2° When there is question of rendering a declaratory sentence of a vindicative penalty or censure into which someone has fallen.
3° When the Ordinary considers that it is not sufficient for reparation of scandal and restitution of justice.
Correptio iudicialis locum habere nequit:
1° In delictis quae poenam secumferunt excommunicationis specialissimo vel speciali modo Sedi Apostolicae reservatae, aut privationis beneficii, infamiae, depositionis aut degradationis;
2° Quando agitur de ferenda sententia declaratoria poenae vindicativae vel censurae in quam quis inciderit;
3° Quando Ordinarius existimet eam non sufficere reparationi scandali et restitutioni iustitiae.
Cited by 5 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- 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 II: Of Particular Norms To Be Observed in Certain Trials, Title XIX: Of Criminal Judgment, Chapter III: Of the Correction of the Delinquent, can. 1950
- 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. 1949.§ 1. There can be place for correction once and again, but not a third time against the same defendant.
§ 2. Wherefore if after the second correction the defendant commits the same delict, a criminal judgment must be instructed or one already begun must be continued according to the norm of can. 1954 and following.
§ 1. Correptioni locus esse potest semel et iterum, non autem tertio contra eundem reum.
§ 2. Quare si post alteram correptionem reus idem delictum commiserit, criminale iudicium instrui aut inceptum continuari debet ad normam can. 1954 seqq.
Cited by 5 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- Marc, Institutiones Morales, Volume I, Supplement: Dispositions of the Code of Canon Law Which Pertain to Moral Theology, PART II: SECTION I, SECTION THIRD, TRACTATE II: On Ecclesiastical Censures and Penalties, Chapter I: On Censures in General, ¶ 2
- 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. 1950.Within the limits of can. 1947, 1948 correction can be used by the Ordinary not only before a step is made to formal judgment, but also after it has begun before conclusion in the cause; and then indeed the judgment is suspended, unless nevertheless it must be prosecuted because the correction has turned out in vain.
Intra fines can. 1947, 1948 potest correptio ab Ordinario adhiberi non solum antequam gradus fiat ad formale iudicium, sed etiam eo incepto ante conclusionem in causa; ac tunc quidem iudicium suspenditur, nisi tamen prosequendum idcirco sit quia correptio in irritum cesserit.
Cited by 4 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- 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. 1951.§ 1. Correction can also be used when a complaint of damage from the delict has been interposed.
§ 2. In this case the Ordinary can, from what is good and equitable and with the parties consenting, see and settle the question concerning damage.
§ 3. But if he has judged that the question concerning damage can be defined with difficulty from what is good and equitable, it is permitted to him, the solution of this question having been remitted to the judicial order, to consult by correction the reparation of scandal and the amendment of the delinquent.
§ 1. Correptio adhiberi etiam potest, cum interposita fuit querela damni ex delicto.
§ 2. Quo in casu Ordinarius potest de bono et aequo, partibus consentientibus, videre et dirimere quaestionem de damno.
§ 3. Sed si censuerit quaestionem de damno difficulter de bono et aequo posse definiri, licet ipsi, remissa ordini iudiciario solutione huius quaestionis, per correptionem consulere reparationi scandali et emendationi delinquentis.
Cited by 4 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- 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. 1952.§ 1. Judicial correction, besides salutary warnings, must generally have joined to it certain opportune remedies, or the prescription of penances or pious works, which can serve for the public reparation of injured justice or scandal.
§ 2. The salutary remedies, penances, and pious works to be prescribed to the defendant must be milder and lighter than those which in a criminal judgment could and should be inflicted upon him by a condemnatory sentence.
§ 1. Correptio iudicialis, praeter monita salutaria, debet plerumque coniuncta habere quaedam opportuna remedia, aut poenitentiarum vel piorum operum praescriptionem, quae valeant ad publicam reparationem laesae iustitiae aut scandali.
§ 2. Salutaria remedia, poenitentiae, pia opera reo praescribenda, mitiora et leviora esse debent iis, quae in criminali iudicio per sententiam condemnatoriam ipsi infligi possent et deberent.
Cited by 4 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- 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. 1953.Correction is considered to have been employed uselessly if the defendant does not accept the remedies, penances, and pious works prescribed to him, or, having accepted them, does not execute them.
Correptio censetur inutiliter adhibita, si reus remedia, poenitentias et pia opera sibi praescripta non acceptet aut acceptata non exsequatur.
Cited by 4 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
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part III. On Penal Remedies and Penances, Section I. On Penal Remedies, n. 892
- 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