Part II. On the Superior Having the Power of Punishing

Ecclesiastical penal law treats only of a Superior who enjoys jurisdiction to be exercised in the external forum of the Church.¹ Moreover, insofar as this jurisdiction regards penalties, it is distinguished as twofold: non-judicial or voluntary, and judicial or necessary. The former in Penal Law confers the power of establishing penalties and applying them outside trial; the latter furnishes the power of applying, according to the norm of Law and indeed in trial, legitimately established penalties (cf. canon 2220, § 1).² With these things noted, we will speak first of the Superior having non-judicial jurisdiction, then of the Superior having judicial jurisdiction.

¹ In the internal forum the Church judges by a power not proper, but vicarious.

² Nevertheless you should not understand these things as if one who enjoys non-judicial jurisdiction of himself lacks judicial jurisdiction.