The Remission of Penalties

I. The act of remission. Medicinal penalties are remitted through absolution, vindicative penalties through dispensation (canon 2236, § 1).

II. Competent person. Remission of a penalty in general can be granted by him who issued the penalty, or by his competent Superior or successor, or by him to whom this power has been committed (canon 2236). It is said competent Superior, because superiority of precedence of itself does not include power over the jurisdiction of an inferior (cf. canon 271; canon 2236, § 1). Furthermore, the power of exempting from a law also carries with it the power of remitting a penalty annexed to the law (canon 2236, § 2). But a judge who by office applies a penalty constituted by a Superior cannot remit it once it has been applied (canon 2236, § 3). As to those to whom the power of remitting a penalty, whether as ordinary or as delegated, has been committed, we note from the Code:

1. The Ordinary can, by ordinary power, and hence also through one habitually delegated: 1° in public cases remit penalties latae sententiae established by common law, except: a) cases brought to the contentious forum; b) censures reserved to the Apostolic See; c) penalties of incapacity for benefices, offices, dignities, functions in the Church, active and passive voice, or deprivation of these, perpetual suspension, infamy of law, deprivation of the right of patronage and of a privilege or grace granted by the Apostolic See (canon 2237, § 1); 2° in occult cases, remit the same penalties, except censures reserved to the Apostolic See in the most special or special manner (canon 2237, § 2).

2. What any confessor or even any priest can do by a power delegated by law, see n. 865.

3. Besides, delegated power by privilege strictly so called is often given to Nuncios and others for remitting penalties, but only medicinal penalties. Concerning the privilege broadly so called of Cardinals regarding reserved censures, it is stated in its place.

Finally, there are those who can absolve from penalties with this single effect: that toward those punished they can use some privilege of dispensing, according to canon 66, § 3: "In the faculty of dispensing there is also included the power of absolving from ecclesiastical penalties, if any perhaps stand in the way, but only for the effect of obtaining the dispensation" (cf. canon 200, § 1). This is called absolution for the effect.

III. Mode of remitting. 1. For validity it is required that remission of a penalty not be extorted by force or grave fear (canon 2238). Moreover, error renders the act invalid if it concerns that which constitutes the substance of the act or falls upon a condition sine qua non (canon 104).

2. A penalty can validly be remitted to one present or absent, absolutely or under condition, in the external forum or in the internal forum only (canon 2239, § 1). It is said:

a) To one present or absent; nevertheless remission made in the internal-sacramental forum requires the person to be absolved or dispensed to be present.

b) Absolutely or under condition; even under a suspensive condition, for example: I remit the penalty, which will have effect when you have made restitution. Remission can also be granted unto reincidence, for example: if then you do not make restitution, you will fall again into the penalty which now I effectively remit.

c) In the external forum or in the internal forum only; concerning the effect of remission in the internal forum only, see canon 2251 (p. 730, V, 2).

3. Although a penalty can also be remitted orally, nevertheless if it was inflicted in writing, it is expedient that its remission also be granted in writing (canon 2239, § 3).

Note. A delinquent can not only be freed from a penalty through remission, but also can escape a penalty to be inflicted through prescription of the penal action, concerning which see canon 1703 (canon 2240).