Chapter II: Of Inquisition

§ 1. If the delict is neither notorious nor entirely certain, but has become known either from rumor and public reputation, or from denunciation, or from complaint of damage, or from a general inquisition made by the Ordinary, or in any other way, before someone is cited to respond concerning the delict, a special inquisition must be premised so that it may be established whether and on what foundation the imputation rests.

§ 2. This rule has place whether there is question of inflicting a vindicative penalty or censure, or of rendering a declaratory sentence of a penalty or censure into which someone has fallen.

This inquisition, although it can be carried out by the local Ordinary himself, nevertheless by the general rule is to be committed to one from the synodal judges, unless for a particular reason it seems to the same Ordinary that it should be committed to another.

§ 1. The inquisitor is to be delegated not for the totality of causes, but each time and for one cause.

§ 2. The inquisitor is held to the same obligations by which ordinary judges are held, and especially must render an oath concerning preserving secrecy and faithfully fulfilling the office and abstain from receiving gifts according to the norm of can. 1621-1624.

§ 3. The inquisitor cannot act as judge in the same cause.

§ 1. It is committed to the prudent judgment of the Ordinary to establish when the arguments which are at hand suffice for instituting an inquisition.

§ 2. Denunciations which come from a manifest enemy, or from a vile and unworthy person, or anonymous denunciations lacking those circumstances and those other elements which perhaps render the accusation probable, are to be considered as nothing.

The inquisition must always be secret and conducted most cautiously, lest the rumor of the delict be spread and lest anyone's good name be called into danger.

§ 1. To achieve his end the inquisitor can summon to himself and interrogate under oath of telling the truth and preserving secrecy some persons whom he considers informed concerning the matter.

§ 2. In their examination the inquisitor is to observe, insofar as can be done and the nature of the inquisition permits, the rules established in can. 1770-1781.

Before he closes the inquisition, the inquisitor can seek the counsel of the promoter of justice whenever he has fallen into some difficulty, and communicate the acts with him.

§ 1. When the inquisition has been completed, the inquisitor, his vote having been added, is to report all things to the Ordinary.

§ 2. The Ordinary, or by his special mandate the officialis, is to order by his decree that:

1° If it appears that the denunciation is destitute of solid foundation, this is to be declared in the acts and the acts themselves are to be placed in the secret archive of the Curia.

2° If indications of crime are had, but not yet sufficient for instituting an accusatory action, the acts are to be preserved in the same archive, and meanwhile the morals of the accused are to be watched; he, according to the prudent judgment of the Ordinary, will opportunely be heard concerning the matter and, if the case requires, warned according to the norm of can. 2307.

3° If finally arguments certain or at least probable and sufficient for instituting an accusation are at hand, the defendant is to be cited to appear and one is to proceed to further things according to the norm of the canons which follow.