§ 3. Penal Sanctions

— 1. Suspension ipso iure and indefinitely, reserved to the Holy See, punishes the consecrating bishop, the bishops or priests assisting (in place of bishops), and the one consecrated without apostolic mandate (c. 2370); clerics who knowingly have been promoted to orders through simony (c. 2371); those who presume to receive orders from one excommunicated or suspended or interdicted, after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, or schismatic (c. 2372). These are graver delicts.

2. For a year from the conferral of orders, by the fact itself, they are suspended, with the suspension reserved to the Holy See: a) those who have ordained another's subject without the dismissorial letters of the proper Ordinary; b) those who have ordained their own subject without the testimonial letters due from cc. 993, 3 and 994; c) those who have promoted someone to major orders without canonical title, against the prescription of c. 974, §1, n. 7; d) those who, saving legitimate privilege, have promoted a religious belonging to a family which is outside the territory of the ordaining minister, even with dismissorial letters of his proper Superior, unless it has been proved that the case occurs which is excepted by canon 966 (c. 2373). These are less grave delicts.

3. All are said to be suspect of heresy, even those increased by episcopal dignity, who knowingly have promoted to orders through simony or have been promoted (c. 2371).

4. He is suspended by the fact itself from the order received who has maliciously approached orders without letters or with false dismissorial letters, or before the canonical age, or by leap (c. 2374). These are graver delicts in the ordained man.

5. He is declared to be punished with grave penalties who has maliciously approached orders without testimonial letters or while held by some censure, irregularity, or other impediment (c. 2374).

N.B. 1. He who in good faith has received orders from one excommunicated or suspended or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, or schismatic, lacks the exercise of order until he is dispensed (c. 2372).

2. Concerning irregularity because of an order badly exercised, it was said above in n. 711.

— I. Doubts concerning the value of ordination, even for religious, pertain to the Sacred Congregation of the Sacraments. Matters which must remain occult can be referred to the Sacred Penitentiary, with the name withheld. Doctrinal points are defined by the Holy Office.

II. A libellus for impugning the value of ordination or its obligations is likewise sent to the Sacred Congregation of the Sacraments, or, if it is a question of a vitiated rite, to the Holy Office. The Sacred Congregation either remits the cause to the diocesan tribunal, or itself settles the question in the disciplinary line.

III. Various penal sanctions, chiefly of suspension, are borne against those badly ordaining or badly receiving orders. And until he is dispensed, he lacks the exercise of order who in good faith has received orders from one excommunicated, or suspended or interdicted after a declaratory or condemnatory sentence, or from a notorious apostate, heretic, or schismatic.