Title I

§ 1.

With due regard for can. 194, § 1, n. 2, an apostate from the faith, a heretic or a schismatic incurs automatic (latae sententiae) excommunication and if a cleric, he can also be punished by the penalties mentioned in can. 1336, § 1, nn. 1, 2, and 3.

§ 2.

If long lasting contumacy or the seriousness of scandal warrants it, other penalties can be added including dismissal from the clerical state.

A person guilty of prohibited participation in sacred rites (communicatio in sacris) is to be punished with a just penalty.

Parents or those who substitute for parents are to be punished with a censure or another just penalty if they hand their children over to be baptized or educated in a non-Catholic religion.

A person who throws away the consecrated species or who takes them or retains them for a sacrilegious purpose incurs an automatic (latae sententiae) excommunication reserved to the Apostolic See; if a cleric, he can be punished with another penalty including dismissal from the clerical state.

A person who commits perjury while asserting something or promising something before an ecclesiastical authority is to be punished with a just penalty.

A person who uses a public show or speech, published writings, or other media of social communication to blaspheme, seriously damage good morals, express wrongs against religion of against the Church or stir up hatred or contempt against religion or the Church is to be punished with a just penalty.

§ 1.

One who uses physical force against the Roman Pontiff incurs an automatic (latae sententiae) excommunication reserved to the Apostolic See; if he is a cleric, another penalty including dismissal from the clerical state can be added in accord with the seriousness of the offense.

§ 2.

One who does this against a person possessing the episcopal character incurs an automatic (latae sententiae) interdict; and, if a cleric, he also incurs an automatic (latae sententiae) suspension.

§ 3.

One who uses physical force against a cleric or religious out of contempt for the faith, or the Church, or ecclesiastical power, or ministry is to be punished with a just penalty.

The following are to be punished with a just penalty:

(1) besides the situation mentioned in can. 1364, § 1, a person who teaches a doctrine condemned by the Roman Pontiff or by an ecumenical council or who pertinaciously rejects the doctrine mentioned in can. 752 and who does not make a retraction after having been admonished by the Apostolic See or by the ordinary;

(2) a person who wrongly does not otherwise comply with the legitimate precepts or prohibitions of the Apostolic See, the ordinary or the superior and who persists in disobedience, after a warning.

One who takes recourse against an act of a Roman Pontiff to an ecumenical council or to the college of bishops is to be punished with a censure.

One who publicly either stirs up hostilities or hatred among subjects against the Apostolic See or against an ordinary on account of some act of ecclesiastical power or ministry or incites subjects to disobey them is to be punished by an interdict or by other just penalties.

One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdict.

Those who impede the freedom of ecclesiastical ministry or election or power, or the legitimate use of sacred goods or other ecclesiastical goods, or who grossly intimidate an elector, or the elected, or the one who exercises ecclesiastical ministry or power, can be punished with a just penalty.

One who profanes a movable or immovable sacred thing is to be punished with a just penalty.

One who alienates ecclesiastical goods without the prescribed permission is to be punished with a just penalty.

§ 1.

A priest who acts against the prescription of can. 977 incurs an automatic (latae sententiae) excommunication reserved to the Apostolic See.

§ 2.

The following incur an automatic (latae sententiae) penalty of interdict or if a cleric, an automatic (latae sententiae) suspension:

(1) one who has not been promoted to the priestly order and who attempts to enact the liturgical action of the Eucharistic Sacrifice;

(2) outside the case mentioned in § 1, a person who attempts to impart sacramental absolution or a person who hears a sacramental confession when one cannot validly give sacramental absolution.

§ 3.

In the case mentioned in § 2 other penalties including excommunication can be added in accord with the seriousness of the offense.

Outside the cases mentioned in can. 1378, one who simulates the administration of a sacrament is to be punished with a just penalty.

One who celebrates or receives a sacrament through simony is to be punished with an interdict or a suspension.

§ 1.

Whoever usurps an ecclesiastical office is to be punished with a just penalty.

§ 2.

Illegitimate retention after deprivation or cessation of office is equivalent to usurpation.

A bishop who consecrates someone a bishop and the person who receives such a consecration from a bishop without a pontifical mandate incur an automatic (latae sententiae) excommunication reserved to the Apostolic See.

A bishop who violates the prescription of can. 1015 and ordains a person who is not his subject without legitimate dimissorial letters is prohibited for a year from conferring the order; a person who has received ordination in such circumstances is automatically (ipso facto) suspended from the order received.

Outside the cases mentioned in cann. 1378-1383, one who illegitimately carries out a priestly function or another sacred ministry can be punished with a just penalty.

One who illegitimately makes a profit from a Mass stipend is to be punished with a censure or another just penalty.

One who gives or promises something so that someone who exercises a function in the Church would illegitimately do or omit something is to be punished with a just penalty; likewise, the person who accepts such gifts or promises.

Whether in the act or on the occasion or under the pretext of confession, a priest who solicits a penitent to sin against the sixth commandment of the Decalogue is to be punished with suspension, prohibitions and deprivations in accord with the seriousness of the offense; and in more serious cases, he is to be dismissed from the clerical state.

§ 1.

A confessor who directly violates the seal of confession incurs an automatic (latae sententiae) excommunication reserved to the Apostolic See; if he does so only indirectly, he is to be punished in accord with the seriousness of the offense.

§ 2.

An interpreter and other persons mentioned in can. 983, § 2, who violate this secrecy are to be punished with a just penalty, not excluding excommunication.

§ 1.

One who abuses ecclesiastical power or function is to be punished in accord with the seriousness of the act or omission not excluding deprivation from office unless (nisi) a penalty for such abuse has already been established by a law or a precept.

§ 2.

One who through culpable negligence illegitimately places or omits an act of ecclesiastical power, ministry or function which damages another person is to be punished with a just penalty.

§ 1.

One who falsely accuses a confessor before an ecclesiastical superior of the offense mentioned in can. 1387 incurs an automatic (latae sententiae) interdict; and if a cleric, also a suspension.

§ 2.

One who furnishes an ecclesiastical superior with any other calumnious denunciation of an offense or who otherwise injures the good reputation of another person can be punished with a just penalty, even including a censure.

§ 3.

A calumniator can be coerced also to make suitable reparation.

The following can be punished with a just penalty in accord with the seriousness of the offense:

(1) one who fabricates a false public ecclesiastical document, or changes, destroys or conceals an authentic document, or uses a false or changed document;

(2) one who uses another false or changed document in an ecclesiastical matter;

(3) one who states a falsehood in a public ecclesiastical document.

Clerics or religious who practice trade or business against the prescriptions of the canons are to be punished in accord with the seriousness of the offense.

One who violates the obligations imposed by a penalty can be punished by a just penalty.

§ 1.

With due regard for the prescription of can. 194, § 1, n. 3, a cleric who attempts even a civil marriage incurs an automatic (latae sententiae) suspension; but if he is given a warning and he does not have a change of heart and continues to give scandal, he can be punished gradually with various deprivations, even to the point of dismissal from the clerical state.

§ 2.

A religious in perpetual vows who is not a cleric and who attempts even a civil marriage incurs an automatic (latae sententiae) interdict, with due regard for the prescription of can. 694.

§ 1.

Outside the case mentioned in can. 1394, a cleric who lives in concubinage or a cleric who remains in another external sin against the sixth commandment of the Decalogue which produces scandal is to be punished with a suspension; and if such a cleric persists in such an offense after having been admonished, other penalties can be added gradually including dismissal from the clerical state.

§ 2.

If a cleric has otherwise committed an offense against the sixth commandment of the Decalogue with force or threats or publicly or with a minor below the age of sixteen, the cleric is to be punished with just penalties, including dismissal from the clerical state if the case warrants it.

One who seriously violates the obligation of residence to which he is bound by reason of an ecclesiastical office is to be punished with a just penalty including even deprivation of office after a warning.

One who commits homicide or who fraudulently or forcibly kidnaps, detains, mutilates or seriously wounds a person is to be punished with the deprivations and prohibitions mentioned in can. 1336 in accord with the seriousness of the offense; however, homicide against the persons mentioned in can. 1370 is punished by the penalties specified there.

A person who procures a completed abortion incurs an automatic (latae sententiae) excommunication.

Besides the cases stated here or in other laws, an external violation of a divine or an ecclesiastical law can be punished by a just penalty only when the particular seriousness of the violation demands punishment and there is an urgent need to preclude or repair scandal.