Title XVII: Of Execution of Sentence

§ 1. A sentence which has passed into a judged matter can be committed to execution.

§ 2. Nevertheless the judge can order provisional execution of a sentence which has not yet passed into a judged matter:

1° If there is question of provisions or prestations ordered for necessary sustenance.

2° If another grave necessity urges, yet so that, provisional execution having been granted, by cautions, suretyships, or pledges enough provision has been made for the indemnity of the other party in the case in which the execution must be revoked.

There will not be place for execution before the executory decree of the judge is had, by which namely it is declared that the sentence itself must be committed to execution; this decree, according to the diverse nature of causes, is either included in the very tenor of the sentence or issued separately.

If the execution of a sentence requires a prior rendering of accounts, an incidental cause is had, to be decided, with the things to be observed by law being observed, by that very judge who rendered the sentence to be committed to execution.

§ 1. The Ordinary of the place in which the sentence of first grade was rendered must commit the sentence to execution, either personally by himself or through another.

§ 2. But if he refuses or neglects this, at the instance of the party whose interest it is or even from office, execution pertains to the judge of appeal.

§ 3. Among religious, execution of the sentence pertains to the Superior who rendered the definitive sentence or delegated the judge.

§ 1. The executor, unless something has been permitted to his judgment in the very tenor of the sentence, must commit the sentence itself to execution according to the obvious sense of the words.

§ 2. It is permitted to him to see concerning exceptions about the manner and force of execution, but not concerning the merit of the cause; but if he has learned from elsewhere that the sentence is manifestly unjust, he is to abstain from execution and remit the party to the one who committed the execution.

§ 1. As regards real actions, once some thing has been adjudged to the actor, it is to be handed over to the actor as soon as the judged matter is had.

§ 2. But as regards personal actions, when the defendant has been condemned to furnish a movable thing, or to pay money, or to give or do something else, four months are granted for fulfilling the obligation.

§ 3. The judge can reduce or prolong the prescribed term, yet so that it is neither shortened below two months nor exceeds six months.

§ 1. In carrying out execution the executor is to take care that the condemned person be harmed as little as possible, and for that reason he is to begin execution by selling off things which are less necessary to him, always preserving those things which serve his food or industry; and if there is question of a cleric, his honorable sustenance is to be preserved according to the norm of can. 122.

§ 2. The judge is not to proceed to the execution of privation of a benefice against a cleric who has approached the Holy See; but if there is question of a benefice to which care of souls is attached, the Ordinary is to provide through designation of a substitute vicar.

The executor is first to use warnings and precepts toward the reluctant person; but he is not to come to spiritual penalties and censures unless from necessity and by steps.