Penalties Against Sacrilegious Persons

Canon 2325 establishes generally: "One who has perpetrated sacrilege is to be punished by the Ordinary according to the gravity of the fault, without prejudice to the penalties established by law against certain sacrileges." These must now be discussed.

I. Penalties against personal sacrilege are:

1. One who, contrary to the prescription of canon 120, has dared to drag before a lay judge one of the Cardinals of the Holy Roman Church, or Legates of the Apostolic See, or major officials of the Roman Curia for affairs pertaining to their office, or his own Ordinary, contracts by the fact itself an excommunication reserved to the Apostolic See in a special manner; if he drags another Bishop, even merely titular, or an Abbot or Prelate nullius, or one of the supreme superiors of religions of pontifical right, he contracts by the fact itself an excommunication simply reserved to the Apostolic See; finally, if, without having obtained permission from the Ordinary of the place, he drags another person enjoying the privilege of the forum before a lay judge, a cleric indeed incurs by the fact itself suspension from office reserved to the Ordinary, while a layman is to be punished by his own Ordinary with fitting penalties according to the gravity of the fault (can. 2341).

2. One who has laid violent hands on the person of the Roman Pontiff contracts an excommunication latae sententiae reserved to the Apostolic See in a most special manner, and is by the fact itself to be avoided. One who lays violent hands on the person of a Patriarch, Archbishop, or Bishop, even only titular, incurs an excommunication latae sententiae reserved to the Apostolic See in a special manner. One who lays violent hands on the person of other clerics or of religious of either sex contracts by the fact itself an excommunication reserved to his own Ordinary, who besides may punish him with other penalties, if the matter requires, according to his prudent judgment (can. 2343).

3. Clerics constituted in sacred orders, or regulars or nuns after a solemn vow of chastity, and likewise all those presuming to contract marriage, even only civilly, with any of the aforesaid persons, incur an excommunication latae sententiae simply reserved to the Apostolic See. Professed members of perpetual simple vows, both in Orders and in religious Congregations, and likewise all those presuming to contract marriage, even only civilly, with any of the aforesaid persons, contract an excommunication latae sententiae reserved to the Ordinary (can. 2388; cf. can. 2359).

II. Penalties against local sacrilege are:

1. Violators of a church or cemetery, of whom in canons 1172 and 1207 (n. 616), are to be punished by the Ordinary according to the gravity of the delict with an interdict from entering a church and other fitting penalties (can. 2329).

2. Those who have dared to command or compel that ecclesiastical burial be given to infidels, apostates from the faith, or heretics, schismatics, or others, whether excommunicated or interdicted, contrary to the prescription of canon 1240, § 1, contract an excommunication latae sententiae reserved to no one. But those spontaneously giving burial to the same persons contract an interdict from entering a church reserved to the Ordinary (can. 2339).

III. Penalties against real sacrilege are:

1. One who has thrown away consecrated species, or has carried them off or retained them for an evil end, is suspected of heresy; he incurs an excommunication latae sententiae reserved in a most special manner to the Apostolic See; he is by the fact itself infamous, and if a cleric he is furthermore to be deposed (can. 2320).

2. One not promoted to the sacerdotal order, if he has simulated the celebration of Mass or heard a sacramental confession, contracts by the fact itself an excommunication reserved in a special manner to the Apostolic See; and besides, a layman indeed is to be deprived of a pension or office, if he has one in the Church, and is to be punished with other penalties according to the gravity of the fault; but a cleric is to be deposed (can. 2322; cf. can. 2366 and 2367).

3. Those who, by themselves or through others, usurp or detain goods or rights belonging to the Roman Church are subject to an excommunication latae sententiae reserved in a special manner to the Apostolic See; and if they are clerics, they are besides to be deprived of dignities, benefices, offices, and pensions, and declared incapable of the same (can. 2345). One who has presumed, by himself or through others, to convert and usurp for his own uses other ecclesiastical goods of any kind, or to impede the fruits or revenues of those goods from being received by those to whom they belong by law, is subject to excommunication until he has restored the goods themselves completely, removed the aforesaid impediment, and then obtained absolution from the Apostolic See. But if he has been patron of the same church or goods, he exists by that very fact deprived also of the right of patronage. Moreover a cleric committing this delict or consenting to it is besides to be deprived of any benefices, is to be rendered incapable of any others, and, even after full satisfaction and absolution, is to be suspended from the execution of his orders at the discretion of his Ordinary (can. 2346).

4. But if the Apostolic beneplacitum required for alienating ecclesiastical goods according to the norm of canons 534, § 1 and 1532 has knowingly been omitted, all who are guilty in any way, whether by giving, by receiving, or by offering consent, incur besides an excommunication latae sententiae reserved to no one (can. 2347, 3°).

XII. The penalties established against the sacrilegious are of two kinds: pecuniary, and spiritual. The pecuniary penalties do not require a judge's sentence before they take effect. The spiritual penalties, which are incurred ipso facto, are excommunication, which those who violate ecclesiastical immunity incur, and likewise those who lay violent hands on Clerics; those, too, who usurp Church goods, impose tribute on ecclesiastical persons, or drag them before a secular court; and finally, those who break down doors to plunder sacred things. Other penalties may be imposed at the judge's discretion.