Title VII: Of the Remission of Penalties

§ 1. Remission of a penalty, whether by absolution, if there is question of censures, or by dispensation, if of vindicative penalties, can be granted only by him who bore the penalty, or by his competent Superior or successor, or by him to whom this power has been committed.

§ 2. He who can exempt from a law can also remit a penalty attached to the law.

§ 3. A judge who from office applies a penalty constituted by a Superior cannot remit it once it has been applied.

§ 1. In public cases the Ordinary can remit latae sententiae penalties established by common law, except:

1° Cases brought to the contentious forum.

2° Censures reserved to the Apostolic See.

3° Penalties of incapacity for benefices, offices, dignities, functions in the Church, active and passive voice, or privation of them, perpetual suspension, infamy of law, privation of the right of patronage, and of a privilege or grace granted by the Apostolic See.

§ 2. But in occult cases, with the prescription of can. 2254 and 2290 remaining firm, the Ordinary can remit latae sententiae penalties established by common law by himself or through another, except censures reserved in a most special or special manner to the Apostolic See.

Remission of a penalty extorted by force or grave fear is invalid by the law itself.

§ 1. A penalty can validly be remitted to one present or absent, absolutely or under condition, in the external forum or only in the internal forum.

§ 2. Although a penalty can also be remitted orally, nevertheless if it was inflicted in writing, it is expedient that its remission also be granted in writing.

As regards prescription of a penal action, the disposition of can. 1703 is to be observed.