Religiosen im kirchlichen Strafrecht

Abstract

The article discusses norms of ecclesiastical penal law that concern members of religious institutes. It explains who is considered a religious, and who, in relation to religious, is an ordinary competent to initiate and conduct penal proceedings. It then outlines particular characteristics of ecclesiastical penal law and its relationship to state criminal law. Disciplinary measures, which may occur in addition to or be imposed alongside a penal sanctions, are to be distinguished from penal sanctions. Offenses involving religious include sexual offenses (c. 1398 CIC), attempt at marriage (c. 1394 CIC), unlawful trade and business activity as well as offences in a financial matter (c. 1393 CIC), and disobedience toward legitimate superiors (c. 1371 § 1 CIC). Furthermore, physical violence against religious (c. 1370 § 3 CIC) is punishable. The proper law of a religious institute may also establish penalties, and superiors who are ordinaries may issue a penal precept in individual cases.