Morals of the Church
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Section — Prümmer, Manuale Theologiae Moralis

§ 2. On The Obligations And Sins Of The Accuser And The Plaintiff

159.

159. Notions. In a civil cause he who presses before the judge against another is called the actor (Kläger), but in a criminal cause the accuser (Ankläger). In the strict sense the accuser is distinguished from the denouncer, and accusation from denunciation. For accusation is usually defined: the delation of a defendant concerning a crime for public vindication, made by one who pledges that he will prove the crime. Therefore the end of accusation is the public vindication of crime for preserving the common good. The accuser is held strictly to prove the existence of the crime; otherwise the accused must be freed. In ancient Roman law, in modern laws, and in ecclesiastical law there are several requisites for legitimate formal accusation.243 Denunciation is the delation of a crime to a legitimate superior, so that he can investigate and punish; but it does not induce a strict obligation of proving. This denunciation indeed is either judicial, if it tends toward a delict to be punished, or evangelical, if a crime is denounced to the superior not as to a judge, but as to a father, for correcting the delinquent. - Therefore these are not to be confused: plaintiff, accuser, denouncer, or action, accusation, denunciation.

  1. In more recent laws formal accusation is scarcely admitted except by persons destined for this from their office,244 e.g., by a procurator of public causes (commonly Staatsanwalt, procureur général), by guardians of forests, of customs, etc. But these persons are held to accuse, or at least judicially denounce, crimes found, unless there is question of certain matters of lighter moment. The reason is that they have been constituted for this end by legitimate superiors. Therefore officials of this kind sin if they neglect their offices; indeed they are held to reparation of damage if from the neglected accusation real damage has occurred either to the republic or to private men.

  2. A private man is held to denounce crimes a) if this is prescribed by positive law, e.g., denunciation of one soliciting to shameful things on the occasion of confession; b) if the common good demands this, e.g., denunciation of counterfeiters of money; c) if there is question of grave damages to be averted from a private neighbor. - In other cases denunciation can indeed sometimes be done laudably, but it is not necessary. But a man is never held to denounce or defame himself.245

  3. Judicial denunciation can be made from a reasonable cause, even if fraternal correction has not preceded, because this denunciation chiefly intends the punishment of the delinquent for preserving the common good. Evangelical denunciation also can often be made without fraternal correction having been previously given, namely, if the amendment of the delinquent is thus obtained more efficaciously, or if fraternal correction appears too difficult, as was said above, I, n. 602.

243 Cf. ibid. diss. 13, a. 1.

244 Code of Canon Law c. 1934.

245 Cf. below, on the defendant.

Prosecutors and accusers