Title XVIII: Of Delicts in the Conferral, Reception, and Dismissal of Ecclesiastical Dignities, Offices, and Benefices

§ 1. Those impeding the liberty of ecclesiastical elections in any way by themselves or through others, or in any way burdening the electors or the elected person on account of the completed canonical election, are to be punished according to the measure of the fault.

§ 2. But if laymen or secular power have presumed to involve themselves illegitimately, against canonical liberty, in an election to be carried out by a college of clerics or religious, the electors who solicited this interference or spontaneously admitted it are by the fact itself deprived for that time of the right of electing; but one who knowingly consented to his election thus made becomes by the fact itself incapable for the office or benefice of which there is question.

§ 1. A college which knowingly has elected an unworthy person is by the fact itself deprived for that time of the right of proceeding to a new election.

§ 2. But individual electors who knowingly have not observed the substantial form of election can be punished by the Ordinary according to the gravity of the fault.

§ 3. Clerics or laymen who knowingly have presented or nominated an unworthy person lack by the fact itself for that time the right of presenting or nominating.

With the prescription of can. 729 remaining firm, those perpetrating the delict of simony in any ecclesiastical offices, benefices, or dignities:

1° Incur latae sententiae excommunication simply reserved to the Apostolic See.

2° By the fact itself remain deprived in perpetuity of the right of electing, presenting, or nominating, if they have any.

3° If they are clerics, moreover let them be suspended.

All who legitimately enjoy the right of electing, presenting, or nominating, if, with the authority of him to whom confirmation or institution belongs neglected, have presumed to confer an ecclesiastical office, benefice, or dignity, remain by the fact itself deprived of their right for that time.

One who by his own authority has occupied an ecclesiastical benefice, office, or dignity, or, having been elected, presented, or nominated to these, has intruded himself into their possession or governance or administration before he has received the necessary letters of confirmation or institution and shown them to those to whom by law he must:

1° Let him be by the law itself incapable for the same and moreover be punished by the Ordinary according to the gravity of the fault.

2° By suspension, privation of benefice, office, or dignity previously obtained, and, if the matter bears it, even by deposition, let him be compelled, after warning has been sent, immediately to withdraw from occupation of the benefice, office, or dignity and from their governance or administration.

3° But Chapters, convents, and all others to whom it pertains, admitting such elected, presented, or nominated persons before the exhibition of letters, remain by the fact itself suspended from the right of electing, nominating, or presenting at the good pleasure of the Apostolic See.

One who knowingly accepts the conferral of an office, benefice, or dignity not vacant by law and likewise that he be admitted into its possession, is by the fact itself incapable of later obtaining those things and is to be punished with other penalties according to the measure of the fault.

A cleric who, having obtained peaceful possession of an office or benefice incompatible with a prior one, has presumed also to retain the prior one against the prescription of can. 156, 1439, let him exist deprived of both by the law itself.

If anyone promoted to the cardinalitial dignity has refused to emit the oath of which in can. 234, by the fact itself let him remain perpetually deprived of the cardinalitial dignity.

If anyone promoted to the episcopate, against the prescription of can. 333, has neglected to receive consecration within three months, he does not make the fruits his own, they being to be applied to the fabric of the cathedral church; and if afterwards he persists in the same negligence for as many months, he remains deprived of the episcopate by the law itself.

Major clerics presuming to abandon a function committed to them by their own Ordinary, without the permission of the same Ordinary, are to be suspended from divine things for a time to be predefined by the Ordinary according to the diverse cases.

A cleric who has presumed to resign an ecclesiastical office, benefice, or dignity into the hands of laymen incurs by the fact itself suspension from divine things.

If anyone persists in retaining an office, benefice, or dignity notwithstanding legitimate privation or removal, or illegitimately weaves delays lest he relinquish them, after warning has been sent, let him be compelled to abandon them by suspension from divine things or other penalties, deposition not excluded if the matter bears it.

An Abbot or Prelate nullius who against the prescription of can. 322, Sec. 2 has not received the blessing is by the fact itself suspended from jurisdiction.

One who against the prescription of can. 1406 neglects to emit the profession of faith without just impediment is to be warned, with a congruent term also predefined; when this has passed, the contumacious one is to be punished, even by privation of office, benefice, dignity, or function; nor meanwhile does he make his own the fruits of the benefice, office, dignity, or function.