Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise V. On Penance › Dissertation II. On the Sacrament of Penance › Part II. On the Ministration of the Sacrament of Penance › Section I. On the Ministration of the Sacrament of Penance Generally › Chapter II. On the Right Use of the Power › Article II. On Things to Be Avoided in Confession › § III. On Solicitation to Shameful Things › Point IV. On the Obligation of the Confessor with Respect to a Penitent who Is Bound to Denounce

Section — Wouters, Manual of Moral Theology

Scholion II. On False Denunciation

427.

I premise the canons which regard false denunciation. Canon 894 establishes: "The sole sin reserved to the Holy See by reason of itself is false denunciation by which an innocent priest is accused of the crime of solicitation before ecclesiastical judges." And canon 2363 decrees: "If anyone, by himself or through others, has falsely denounced a confessor for the crime of solicitation before Superiors, he incurs by the fact itself an excommunication reserved in a special manner to the Apostolic See, from which in no case can he be absolved unless he has formally retracted the false denunciation, and has repaired, according to his powers, the damages if any have followed from it, with a grave and lasting penance having also been imposed, the prescription of canon 894 remaining firm." Therefore two things must be distinguished: namely, the crime of false denunciation is: 1. a sin reserved by reason of itself, and indeed to the Holy See; 2. a sin reserved by reason of the censure, or one which has annexed to it an excommunication reserved in a special manner to the Apostolic See. These things having been noted, let these be the conclusions:

I. Requisites in order that the crime be reserved by reason of itself to the Holy See. There is required a false denunciation by which an innocent priest is accused of the crime of solicitation before ecclesiastical judges. It is said:

  1. A false denunciation, made either by oneself or through another, namely "by wickedly procuring that it be done by others";1 it can be procured by mandate, threats, or efficacious counsel. According to the more common and safe opinion, it is required that the denunciation be made juridically, that is, either personally and with the intervention of an ecclesiastical man who holds the part of notary, and with oath and subscription of one's name, or personally without the intervention of a notary.2 Hence letters directed to the Ordinary do not suffice, even if they are subscribed; a fortiori anonymous letters are excluded, which have no force.3

  2. For the crime of solicitation, that is, for a crime which, if it had taken place, would carry with it the obligation of denouncing.

  3. Before ecclesiastical judges, that is, before the Sacred Congregation of the Holy Office, or the local Ordinary, or another delegated by them for this affair. It suffices that the denunciation has been made before them, whether they institute a further inquiry or do not institute it. Knowledge of the reservation does not seem to be required (n. 384).

II. Requisites in order that the crime be reserved by reason of the censure, or that it have annexed to it an excommunication reserved in a special manner to the Apostolic See. First the same things are required which were set forth under I,4 then knowledge of the censure and puberty. It is said:

  1. Knowledge of the censure; ignorance excuses from it unless it was affected (can. 2229, § 1), crass, or supine (can. 2229, § 3, 1). Ignorance only of the reservation does not excuse (cited canon).

  2. Puberty; since "the immature are excused from penalties latae sententiae" (can. 2230).

III. Absolution from false denunciation.

  1. Absolution from the censure, if it has been contracted, must be put before absolution from the sin; but insofar as one can be absolved from the censure, this is explained in the treatise on ecclesiastical penalties.

  2. As regards absolution from the sin, which is also reserved by reason of itself, by whom it can be given, see n. 387; but note that the reservation of the sin ceases in the cases set forth in n. 385.

1 Constitution Sacramentum Poenitentiae, § 3.

2 Cf. Instruction of the Holy Office, February 20, 1867.

3 Cited Instruction, n. 6.

4 Canon 2363, which treats of the censure annexed to the crime, indeed speaks of denunciation before Superiors, while canon 894 speaks of denunciation before ecclesiastical judges. Hence some think that, for the censure, it suffices that the denunciation be made before ecclesiastical Superiors. But by "Superiors" there seem to be understood the Superiors competent here, that is, the ecclesiastical judges of whom canon 894 speaks. Major Superiors, even of exempt religious institutes, are prohibited from involving themselves in this affair (can. 501, § 2).

False Denunciation