Title VI: Of the Subject Liable to Coercive Power

§ 1. One is liable to penalties attached to a law or precept who is held by the law or precept, unless he is expressly exempted.

§ 2. Although a later penal law abrogates an earlier one, nevertheless, if the delict had already been committed when the later law was borne, the law more favorable to the accused is to be applied.

§ 3. But if the later law removes the law or the penalty only, this ceases at once, unless there is question of censures already contracted.

§ 4. A penalty binds the accused everywhere on earth, even when the right of the Superior has been dissolved, unless another thing is expressly provided.

§ 1. A penalty can be inflicted or declared only by the Roman Pontiff against those of whom in can. 1557, Sec. 1.

§ 2. Unless they are expressly named, Cardinals of the Holy Roman Church are not comprehended under penal law, nor Bishops under latae sententiae penalties of suspension and interdict.

A penalty established by law is not incurred unless the delict has been perfected in its own kind according to the proper meaning of the words of the law.

§ 1. Affected ignorance, whether of the law or of the penalty alone, excuses from no latae sententiae penalties, although the law contains the words of which in Sec. 2.

§ 2. If the law has the words: he shall have presumed, he shall have dared, knowingly, deliberately, rashly, he shall have acted advisedly, or other similar words which require full knowledge and deliberation, any diminishment of imputability, whether on the part of the intellect or on the part of the will, exempts from latae sententiae penalties.

§ 3. If the law does not have those words:

1° Ignorance of the law or even of the penalty alone, if it was crass or supine, exempts from no latae sententiae penalty; if it was not crass or supine, it excuses from medicinal latae sententiae penalties, but not from vindicative ones.

2° Drunkenness, omission of due diligence, weakness of mind, impulse of passion, if, notwithstanding the diminishment of imputability, the action is still gravely culpable, do not excuse from latae sententiae penalties.

3° Grave fear, if the delict tends toward contempt of the faith or of ecclesiastical authority or toward public damage of souls, in no way exempts from latae sententiae penalties.

§ 4. Although the accused is not held by latae sententiae censures according to the norm of Sec. 3, n. 1, nevertheless this does not prevent him, if the matter bears it, from being affected by another congruous penalty or penance.

Those below puberty are excused from latae sententiae penalties, and are to be corrected rather by educative punishments than by censures or other graver vindicative penalties; but those who are of puberty and have induced them to violate the law or have concurred with them in the delict according to the norm of can. 2209, Sec. 1-3, themselves indeed incur the penalty established by law.

If several have concurred in perpetrating a delict, although only one is named in the law, those also of whom in can. 2209, Sec. 1-3, are held, unless the law expressly provides another thing, by the same penalty; but the rest are not likewise held, but are to be punished by another just penalty according to the prudent judgment of the Superior, unless the law establishes a peculiar penalty against them.

§ 1. A latae sententiae penalty, whether medicinal or vindicative, binds by the fact itself in each forum the delinquent who is conscious of his delict; before a declaratory sentence, however, the delinquent is excused from observing the penalty as often as he cannot observe it without infamy, and in the external forum no one can exact from him the observance of the same penalty, unless the delict is notorious, with the prescription of can. 2223, Sec. 4 remaining firm.

§ 2. A declaratory sentence draws the penalty back to the moment of the committed delict.

§ 1. No penalty can be inflicted unless it is certainly established that the delict was committed and is not legitimately prescribed.

§ 2. Although this is legitimately established, if there is question of inflicting a censure, the accused is to be rebuked and warned that he recede from contumacy according to the norm of can. 2242, Sec. 3, with a congruous time for coming to his senses given if, in the prudent judgment of the same judge or Superior, the case bears it; with contumacy persisting, the censure can be inflicted.

One who has committed several delicts must not only be punished more gravely, but also, if in the prudent judgment of the judge the matter bears it, be subjected to vigilance or another penal remedy.

A frustrated delict or an attempt of a delict, unless they are punished by law as distinct delicts, can be punished by a congruous penalty according to gravity, with the prescription of can. 2213, Sec. 3 preserved.