§ 2. Concerning The Plaintiff And Denouncer

2303. • A PLAINTIFF or Petitioner, in civil causes, is he who proposes an action for obtaining reparation of his own damage, and who first summons to judgment, either by himself, or by a procurator. See n. 2316. - A Plaintiff in criminal matters is called an Accuser, and is he who brings a crime before the judge, and asks from him vindication for the common good in writing, with the burden of proving the crime charged.⁵

Note 1. From ROMAN LAW, accusers, if they are convicted of calumny, incur the penalty of retaliation, or ought to undergo the very penalty which they were seeking for the accused. - This penalty, however, from general custom, is no longer inflicted.

2. From MODERN law, private persons are not permitted to institute an accusation; for this function belongs solely to the magistracy constituted for this, i.e. to the general procurator of the State: who therefore, together with others destined for this office, is called the Public Ministry; for it belongs to them to assume and protect the parts of the Community and of good morals against defendants. - In lower tribunals, e.g. before the judge of the region, in a cause, as they say, correctional, the same office is committed to ministers of public security, or even to the first elected municipal Officials. But the general procurator, in fulfilling the parts of his office, is assisted by another official, who is called the Judge of instruction. To this man it generally belongs to collect arguments and indications of offenses before the suspects are cited, to make investigation of guilty persons, and to take care for their arrest, to inform the cause, and to order the suit in that manner which the laws prescribe or permit. - Let recourse be had to the Code of the respective nation.

2304. • The place of accusation is supplied by denouncement, concerning which a more special discussion must be given.

Denouncement in general is defined: the manifestation of someone's crime made to a Superior, with the burden of proving it not assumed. By these last words it is stated in what manner denouncement differs from accusation.

Denouncement is threefold: evangelical, canonical, and judicial. 1. Evangelical or paternal denouncement is the delation of a crime to a Superior as to a father, to the end that the defendant may come to his senses⁶ (See what was said n. 494). - 2. Canonical denouncement (which in certain cases is prescribed by the canons) is the delation of a crime to an ecclesiastical Superior, to the end that the crime may be impeded, or that an unworthy man may be removed from office.⁷ - 3. Judicial denouncement is the delation of a crime to a judge, whether lay or ecclesiastical, to the end that the defendant may be punished, or that damage may be repaired for the injured party. It is held in place of accusation, and lays the way for the judge to inquire.

2305. • The obligation of juridically denouncing arises from a threefold source, namely: from justice, from charity, and from a positive precept.

Principles. I. From LEGAL and COMMUTATIVE justice, those are held to denounce who are deputed to this by office, and are remunerated by the Prince or by masters by an agreed stipend. Of this kind are Fiscals, and other public officials, keepers of fields, of taxes, and of similar things, all of whom, since by office and by quasi-contract they are held to denounce crimes, are also held to repair damages to the Community, or to masters, which have followed from culpable omission of accusation or denouncement. - Recall what was said n. 988.

Gury notes that keepers of woods, fields, etc. sin if they denounce merely accidental damage, and that they are not held to denouncement if the delinquents spontaneously offer themselves to compensate the damage secretly.... But sometimes, he says, they can act more mildly with those causing damage, if the damages, e.g., are of lesser moment, and have not been repeated more often; if it can prudently be presumed that the master does not wish the delinquent to be brought forward; if the delinquent is very poor and not accustomed to offend, etc.; but let keepers carefully beware lest in these things they indulge more than is equitable.⁸

2306. • II. FROM CHARITY, for consulting the good of the Community or of the innocent, private persons are held to denounce certain OFFENSES or CRIMES, namely: 1. a crime turning to the damage of the Faith, or of the Community, as heresy, rebellion, falsification of monies, robbery on the public road, and the like: which each one ought to avert under grave obligation, even with grave inconvenience, because there is question of the common good (cf. n. 442). - 2. A crime from which grave damage threatens an innocent person, whenever no grave inconvenience is prudently to be feared for the denouncer. The reason is, because on the one side the innocent is to be preferred to the voluntarily harmful, but on the other, each one is held from charity to protect the innocent, when he can furnish this without grave inconvenience to himself⁹ (cf. n. 483, Reg. I.).

2307. • III. FROM THE PRECEPT OF A SUPERIOR, or from a MONITION or PUBLIC EDICT, all persons, for the most part, are held to denounce offenses. - But a precept of this kind does not urge, unless the delinquent is defamed, or at least suspected by grave indication, or when the crime turns to the damage of the Community, or of a third party; yet with this difference, that in the case of damage only inflicted or to be inflicted upon some third party, fraternal correction ought to be premised, nor is there obligation of denouncing with one's own damage; but when the offense turns to common damage, there is an obligation of denouncing, even with one's own damage, although the offense were occult; nor is previous correction to be premised, except in the rare case in which by secret warning the evil can be impeded at once (cf. n. 494 sq.).

We have said all persons for the most part; for: 1. by force of a Monition no one is held to denounce himself; for no one can be bound to brand himself with infamy; 2. he is not held to denounce those joined to himself within the fourth degree, except in the case of formal heresy, or of conspiracy against the Prince. "The reason is, because to denounce one joined to oneself is the same as to undergo grave damage or inconvenience: which reasonably excuses, when danger of common damage is absent."¹⁰

2308. • IT IS ASKED. When is it ILLICIT to denounce a crime?

Resp. You are not held, nor ought you (even supposing the precept of the Superior) to denounce: 1. If the crime is not public, nor harmful to society, and fruit is hoped from private warning; for then fraternal correction ought to be premised (cf. n. 494). - 2. If the delinquent has been amended, without danger of relapsing, and satisfaction has been made to the injured party, nor does danger threaten others; because the infamy of the neighbor would follow without cause. (See however what was said n. 1798 concerning solicitors.) - 3. If you know the crime under a committed secret, as consultant, advocate, etc.; unless however he who committed the secret to you were unjustly vexing an innocent person or the Community, and were unwilling to desist from vexing (cf. n. 1187).

Note. From ECCLESIASTICAL LAW these must be denounced: - 1. Heretics and those suspected of heresy (cf. n. 442); - 2. Confessors who solicit (cf. n. 1354; 1794 sqq.); - 3. Confessors who demand that the name of an accomplice be revealed to themselves (n. 1701); - 4. Masons and others enrolled in secret sects (n. 1331); - 5. The unworthy to be promoted to sacred Orders (cf. n. 1916); - 6. Betrothed persons entangled in a diriment impediment and about to enter matrimony already published (cf. n. 2065).¹¹