For those things not mentioned here, reference should be made to what has been stated regarding the extrajudicial process according to the CIC, including the possibility that the process will take place in the CDF. From the time of the notitia de delicto, the accused has the right to present a petition to be dispensed from all the obligations connected with the clerical state, including celibacy, and, concurrently, from any religious vows. 81. In the case of delicts that are non graviora, the Ordinary or Hierarch should employ the juridical means appropriate to the particular circumstances. This Supreme Tribunal also judges other delicts of which a defendant is accused by the Promotor of Justice, by reason of connection of person and complicity. 145. canon 1720, 1° CIC). 142. Non-penal disciplinary measures are singular administrative acts (that is, acts of the Ordinary or Hierarch, or of the CDF) by which the accused is ordered to do or to refrain from doing something. The responsibility for vigilance incumbent on the Ordinary or Hierarch does not demand that he constantly monitor the clerics subject to him, yet neither does it allow him to consider himself exempt from keeping informed about their conduct in these areas, especially if he becomes aware of suspicions, scandalous behaviour, or serious misconduct. Intended to be flexible, this manual can be periodically updated if the norms to which it refers are modified, or if the praxis of the Congregation calls for further clarifications and revisions. - Información relativa a la implementación en España de la normativa de uso sostenible de productos fitosanitarios. Hidden Figures: The American Dream and the Untold Story of the Black Women Mathematicians Who Helped Win the Space Race. 46. For the delicts considered here, it should be noted that the terms of prescription for the criminal action have varied significantly over time. The session for the notification of the accusation and proofs must take place with the obligatory presence of the promoter of justice and the notary. This will not be necessary, however, at the conclusion of the possible process, since at that moment those measures cease to have legal effect. Should an Ordinary or Hierarch encounter difficulties in initiating or carrying out the preliminary investigation, he should immediately contact the CDF for advice or help in resolving any eventual questions. November 2019. If the legitimacy of such a request or seizure is in doubt, the Ordinary or Hierarch can consult legal experts about available means of recourse. 1, prescription begins to run from the day on which a minor completes his eighteenth year of age. The decree is to be made known in its entirety to the accused. Reference must be made to this number in all further communication with the CDF. 84. 129. It is recommended, for the sake of equity and a reasonable exercise of justice, that the duration of the preliminary investigation correspond to the purpose of the investigation, which is to assess the plausibility of the notitia de delicto and hence the existence of the fumus delicti. La información que utilizamos para ofrecerle este servicio procede de datos facilitados por organismos oficiales, complementados por información facilitada por las distintas compañías. It must be pointed out that a report of a delictum gravius received in confession is under placed the strictest bond of the sacramental seal (cf. 149. 141. [16] Canon 1737 § 2 CIC – Recourse must be proposed within the peremptory time limit of fifteen useful days, which… run according to the norm of can. [15] Canon 1430 CCEO – § 1. In accordance with art. Whenever the Ordinary who carried out the preliminary investigation is not the Ordinary of the place where the alleged delict was committed, he is to communicate to the latter the results of the investigation. The production of pornography involving minors, on the other hand, falls under the typology of delict listed in nos. 36. It should also be noted that accusations, processes and decisions relative to delicts mentioned in art. 38. 91ff. 98. Since, as stated above, in this phase the possible guilt of the accused person has yet to be established, all care should be taken to avoid – in public statements or private communication – any affirmation made in the name of the Church, the Institute or Society, or on one’s own behalf, that could constitute an anticipation of judgement on the merits of the facts. 114. Two principles apply: a/ respect for the laws of the state (cf. 3 VELM), occasionally called notitia criminis, consists of any information about a possible delict that in any way comes to the attention of the Ordinary or Hierarch. Care should also be taken care to determine any possible relation to the sacramental internal forum (in this regard, however, account must be taken of the prescriptions of art. Notification of the decree will then take place in the terms of canon 1520 CCEO and in proper form. 94. 115. 16 SST, once the preliminary investigation has concluded, whatever its outcome, the Ordinary or Hierarch is obliged to send, without delay, an authentic copy of the relative acts to the CDF. § 3. The eparchial bishop can approve for the office of auditor members of the Christian faithful outstanding for their good character, prudence and doctrine. It is not obligatory that the assessors take part in the notification session. [14] Canon 1429 CCEO – § 1. What can happen once a penal procedure ends? With regard to the decision rendered, a specific letter of execution is sent to all interested parties. 21. In this case, no type of penal procedure can be initiated. From that moment, the accusation is carried forward by the Ordinary or his delegate. 23. After a written record of what has occurred has been prepared, all those present must sign it. As previously mentioned (cf. 16 SST; art. If an accused cleric dies during the penal process, this fact should be communicated to the CDF. § 2. canons 54-56 CIC[13]) and in proper form. Nevertheless, it must always be observed that any danger of violating the sacramental seal is altogether avoided. If it was a penal judicial process, the possibility of a legal challenge exists, namely, a complaint of nullity, restitutio in integrum, or appeal. nombre químico: mezcla conteniendo más del 80% de avermectina B1a y meno. The administration of the oath must be recorded in the acts. 101. [4] Canon 1428 CIC – § 1. To be enforced, a singular decree must be made known by a legitimate document according to the norm of law. Whenever the concrete case requires it, the Ordinary or his delegate is to assess the credibility of those taking part in the process. 19. 82. If he considers it helpful, however, he can be assisted by a patron of his choice. According to articles 16 and 17 SST, a judicial penal process can be carried out within the CDF or can be entrusted to a lower tribunal. no. Against an emended decree, the rejection of the petition, or the silence of its author, the one making recourse can apply to the CDF directly or through the author of the decree (cf. This is a derogation, limited to these cases, from the prohibition of inflicting a perpetual penalty by decree, laid down in canon 1342 § 2 CIC. Similarly, if the evaluation of proofs and defence arguments takes place during a joint session, it is advisable that a series of notes on the interventions and the discussion be taken, also in the form of minutes signed by the participants. Canon 1406 § 2 CCEO states that a warning containing the threat of penalty is equivalent to a penal precept. The delict in question includes every external offense against the sixth commandment of the Decalogue committed by a cleric with a minor (cf. art. Market Makers Method Order Blocks. When an Ordinary is charged by the CDF with carrying out an extrajudicial penal process, he must first decide whether to preside over the process personally or to name a delegate. 1 § 1, b VELM. The following abbreviations will be used: CIC: Codex Iuris Canonici; CCEO: Codex Canonum Ecclesiarum Orientalium; SST: Motu Proprio Sacramentorum Sanctitatis Tutela – 2010 Revised Norms; VELM: Motu Proprio Vos Estis Lux Mundi – 2019; CDF: Congregatio pro Doctrina Fidei. 138. II. The purpose of this session is evidently to facilitate analysis, discussion and debate. It sometimes happens that the notitia de delicto concerns a cleric who is already deceased. Vademecum.es está reconocido oficialmente por las autoridades sanitarias correspondientes como Soporte Válido para incluir publicidad de medicamentos o especialidades farmacéuticas de prescripción dirigida a los profesionales sanitarios (S.V.nº09/10-W-CM), concedida el 3 de diciembre de 2010 . Even in cases where there is no explicit legal obligation to do so, the ecclesiastical authorities should make a report to the competent civil authorities if this is considered necessary to protect the person involved or other minors from the danger of further criminal acts. VII. If questions arise concerning which Code is applicable (for example, in the case of clerics of the Latin rite who work in Eastern Churches or clerics of an Eastern rite who are active in Latin rite circumscriptions), it will be necessary to clarify with the CDF which Code is to be followed, and then to adhere strictly to the CDF’s decision. 24 SST - §1. Páginas: Encuadernado en rústica, 560 páginas. All taking part in the process, in any capacity, should be constantly reminded of this. In the investigative phase the appointment of a promoter of justice is not foreseen. 03ABDOMINALES. Still, particular prudence and discernment is urged in judging whether the reason that suggested them has ceased; nor is it excluded that – once revoked – they can be re-imposed. If, in the course of the preliminary investigation, other notitiae de delicto become known, these must also be looked into as part of the same investigation. 10. The one who carries out the preliminary investigation must therefore be particularly careful to take every possible precaution to this end, since the right to a good name is one of the rights of the faithful upheld by canons 220 CIC and 23 CCEO. If the accused has failed or refused to appear, this should be noted in the acts and the process is to continue ad ulteriora. art. Conoce toda la información de medicamentos y los laboratorios que las fabrican. 163. Is there anything that should always be kept in mind? Alleged victims should be encouraged – as will be stated below (no. In addition to the general formalities applicable in the case of every decree (cf. 29. The important thing is to reconstruct, to the extent possible, the facts on which the accusation is based, the number and time of the criminal acts, the circumstances in which they took place and general details about the alleged victims, together with a preliminary evaluation of the eventual physical, psychological and moral harm inflicted. 61. Whenever civil judicial authorities issue a legitimate executive order requiring the surrender of documents regarding cases, or order the judicial seizure of such documents, the Ordinary or Hierarch must cooperate with the civil authorities. [17] Article 27 SST – Recourse may be had against singular administrative acts which have been decreed or approved by the Congregation for the Doctrine of the Faith in cases of reserved delicts. En este apartado de la web se pueden consultar las siguientes temáticas: - Registro de productos fitosanitarios y notas informativas relacionadas con el mismo. It is likewise possible at this point to indicate eventual exempting, mitigating or aggravating factors, as provided for by law. 108. canon 1312 § 3 CIC) or to give the public reprimand referred to in canon 1427 CCEO. In accordance with art. Even in these cases, however, it is advisable that the Ordinary or Hierarch communicate to the CDF the notitia de delicto and the decision made to forego the preliminary investigation due to the manifest lack of the semblance of truth. 117. Any further recourse as mentioned in art. A notitia de delicto (cf. The Yellow House: A Memoir (2019 National Book Award Winner) Sarah M. Broom. 131. canon 1737 § 1 CIC). It should be noted that whenever a decision is made to modify or revoke precautionary measures, this must be done by a corresponding decree, legitimately made known. 37. According to article 20, 1º SST, the only tribunal of second instance for appeals is that of the CDF. canons 221 CIC and 24 CCEO). 32 indicate, the preliminary investigation should gather detailed information about the notitia de delicto with regard to facts, circumstances and imputability. Encuentra Vademecum Agricola en MercadoLibre.com.ec! The results will naturally be presented to the accused during that phase. Where there exist state or ecclesiastical structures of information and support for alleged victims, or of consultation for ecclesial authorities, it is helpful also to refer to them. § 2. For all singular administrative acts decreed or approved by the CDF, the possibility of recourse is provided by article 27 SST. [6] Canon 1339 CIC – § 1: An ordinary, personally or through another, can warn a person who is in the proximate occasion of committing a delict or upon whom after investigation, grave suspicion of having committed a delict has fallen. art. 100. 8. An oath cannot be imposed on the accused person (cf. canons 1619ff. 5. It can be useful to assemble testimonies and documents, of any kind or provenance (including the results of investigations or trials carried out by civil authorities), which may in fact prove helpful for substantiating and validating the plausibility of the accusation. 5 VELM). Overview. After 30 April 2001, with the promulgation of the Motu Proprio Sacramentorum Sanctitatis Tutela, the age was universally raised to 18 years, and this is the age currently in effect. Penal deprivations can affect only those powers, offices, ministries, functions, rights, privileges, faculties, benefits, titles, insignia, which are subject to the power of the authority that establishes the penalty, or of the hierarch who initiated the penal trial or imposed it by decree; the same applies to penal transfer to another office. 62. The statement of reasons in fact is clearly the more difficult, since the author of the decree must set forth the reasons which, by comparing the matter of the accusation and the statements of the defence (which he must summarize in his exposition), led him to certainty concerning the commission or non-commission of the delict, or the absence of sufficient moral certainty. Canon 1340 § 1 CIC: A penance, which can be imposed in the external forum, is the performance of some work of religion, piety, or charity. 161. 79. [1]  Yet since art. 52. can vary significantly with respect to the norms of canon law. Given the sensitive nature of the matter (for example, the fact that sins against the sixth commandment of the Decalogue rarely occur in the presence of witnesses), a determination that the notitia lacks the semblance of truth (which can lead to omitting the preliminary investigation) will be made only in the case of the manifest impossibility of proceeding according to the norms of canon law. By law, three penal procedures are possible: a judicial penal process; an extrajudicial penal process; or the procedure introduced by article 21 § 2, 2° SST. 87. If the competent Ordinary or Hierarch considers it appropriate to enlist another suitable person to carry out the investigation (cf. SST has also introduced (cf. § 3. In any event, especially in cases where public statements must be made, great caution should be exercised in providing information about the facts. 42. One should, however, avoid giving the impression of wishing to anticipate the results of the process. If the loss of canonical status occurs once a penal process has already begun, the process can in any case be brought to its conclusion, if for no other reason than to determine responsibility in the possible delict and to impose potential penalties. Clearly, if other elements related to the preliminary investigation or new accusations should emerge in the meantime, these are to be forwarded to the CDF as quickly as possible, in order to be added to what is already in its possession. The one making recourse must always make use of an advocate, provided with a specific mandate. The CDF, according to its own judgment, by explicit request or by necessity, can also ask any other Ordinary or Hierarch to carry out the preliminary investigation. Acidificantes. Particular attention should be given to the question whether, on the basis of the gravity of the delict, the penalties listed in canon 1426 § 1 CCEO are indeed adequate for achieving the provisions of canon 1401 CCEO. art. canons 1645 CIC, 1326 CCEO), or by a complaint of nullity (cf. 92. canon 746 CIC). 67. 2 § 3 VELM, an Ordinary who has received a notitia de delicto must transmit it immediately to the Ordinary or Hierarch of the place where the events were said to have occurred, as well as to the proper Ordinary or Hierarch of the person reported, namely, in the case of a religious, to his major Superior, if the latter is his proper Ordinary, and in the case of a diocesan priest, to the Ordinary of the diocese or the eparchial Bishop of incardination. Santi Rop. Autores: Carlos de Liñán. e/ What must be done to conclude the preliminary investigation? Download & View Vademecum Agricola Plm 2020.pdf as PDF for free. 97. The petition must be clearly dated and signed by the petitioner. It should be clearly explained to the party in question that the measure is not penal in nature, lest he think that he has already been convicted and punished from the start. canon 1348 CIC). The same can be done with regard to the accused. It could also prove helpful to collect at this time testimonials of credibility with regard to the complainants and the alleged victims. If, in the phase of the preliminary investigation, an accused cleric has lost his canonical status as a result of a dispensation or a penalty imposed in another proceeding, the Ordinary or Hierarch should assess whether it is suitable to carry on the preliminary investigation, for the sake of pastoral charity and the demands of justice with regard to the alleged victims. To present an appeal, the prescriptions of law are to be followed, noting carefully that article 28, 2º SST modified the time limits for the presentation of an appeal, imposing a peremptory time limit of one month, to be calculated according to what is laid down in canons 202 § 1 CIC and 1545 § 1 CCEO. 3. § 3. La microbiología agrícola se trata de una ciencia sumamente apasionante y profunda, el conocer algunas de sus aplicaciones en los sistemas de producción agrícola es sinónimo de la . The precautionary measures referred to in no. In accordance with canons 1719 CIC and 1470 CCEO, the Ordinary or Hierarch must decree the conclusion of the preliminary investigation. It should be noted, however, that those canons protect that right from illegitimate violations. It must be emphasized that these are not penalties, but acts of governance meant to ensure and protect the common good and ecclesial discipline, and to avoid scandal on the part of the faithful. art. LA INFRAESTRUCTURA LOS BANCOS DE. Since it involves an extrajudicial process, it should be remembered that a penal decree is not a sentence, which is issued only at the conclusion of a judicial process, even if – like a sentence – it imposes a penalty. Canon 1093 CCEO – § 1. The extrajudicial penal process, sometimes called an administrative process, is a type of penal process that abbreviates the formalities called for in the judicial process, for the sake of expediting the course of justice without eliminating the procedural guarantees demanded by a fair trial (cf. Nonetheless, for easily understandable reasons, great caution should be exercised in considering this type of notitia, and anonymous reports certainly should not be encouraged. For such a session, which is optional but recommended, no particular juridical formalities are foreseen. Make money raising livestock so you can spend it at the general store. 55. Descubre la mejor forma de comprar online. CIC, 1302ff. 6 § 1 no. It is best to avoid this term, and that of suspensio ad cautelam, since in the current legislation suspension is a penalty, and cannot yet be imposed at this stage. 7 § 1 SST permits the CDF to derogate from prescription in individual cases, an Ordinary or Hierarch who has determined that the times for prescription have elapsed must still respond to the notitia de delicto and carry out the eventual preliminary investigation, communicating its results to the CDF, which is competent to decide whether prescription is to be retained or to grant a derogation from it. Should a decision be made to question the accused person, since this is a preliminary phase prior to a possible process, it is not obligatory to name an official advocate for him. He must also appoint two assessors who will assist him or his delegate in the evaluative phase. If a reported cleric dies during the preliminary investigation, it will not be possible to open a subsequent penal procedure. In any case, it is advisable to inform the Papal Representative immediately. 71. The ecclesiastical authorities must ensure that the alleged victim and his or her family are treated with dignity and respect, and must offer them welcome, attentive hearing and support, also through specific services, as well as spiritual, medical and psychological help, as required by the specific case (cf. The following should be kept in mind: a/ such dismissal is not a penalty, but rather an administrative act of the supreme Moderator; b/ to issue a decree of dismissal, the relevant procedure described in canons 695 § 2, 699 and 700 CIC must be carefully followed; c/ confirmation of the decree of dismissal demanded by canon 700 CIC must be requested from the CDF; d/ dismissal from the Institute entails the loss of membership in the Institute and the cessation of vows and obligations deriving from profession (cf. 30. Such an administrative act admits recourse within the terms of law. 65. 44. A confessor who learns of a delictum gravius during the celebration of the sacrament should seek to convince the penitent to make that information known by other means, in order to enable the appropriate authorities to take action. It should be noted that already in this phase one is bound to observe the secret of office. [11] Canon 1336 CIC – § 1. In all cases, an authenticated copy of the acts of the process (unless these had been previously forwarded) and of the notification of the decree must be sent to the CDF. 102. canon 1717 § 1 CIC; canon 1468 § 1 CCEO; art. 69. In accordance with the law governing religious who are members of the Latin Church (cf. In cases where it proves necessary to hear minors or persons equivalent to them, the civil norms of the country should be followed, as well as methods suited to their age or condition, permitting, for example, that the minor be accompanied by a trusted adult and avoiding any direct contact with the person accused. The argument for the defence can clearly make use of all legitimate means, as for example the request to hear its own witnesses or to present documents and expert opinions. art. The decision, once made, is then communicated to the Ordinary with suitable instructions for its execution. 8 § 2 SST[3]) can be added, as well as any indication of problematic facts emerging from his biographical profile. The decision that concludes the penal process, whether judicial or extrajudicial, can be of three types: • conviction (“constat”), if with moral certainty the guilt of the accused is established with regard to the delict ascribed to him. no. § 2. For this reason, as the canons cited in no. At this point, any other delicts attributed to the accused (cf. 110. The Hierarch or his delegate should always remember that, according to article 21 § 2, 1º SST, the prohibitions of canon 1402 § 2 CCEO are abrogated. 148 above. Vademecum.pdf. arts. 151. A criminal action for delicts reserved to the Congregation for the Doctrine of the Faith is extinguished by prescription after twenty years, with due regard to the right of the Congregation for the Doctrine of the Faith to derogate from prescription in individual cases. 109. The provision would more properly be called, for example, prohibition from the exercise of the ministry. Peso: 1,100 Kgrs. 90. The terms currently in effect are defined by art. At times, a notitia de delicto lacks specific details (names, dates, times…). The list of perpetual penalties is solely that found in canon 1336 § 1 CIC,[11] along with the caveats contained in canons 1337 and 1338 CIC.[12]. art. 4 § 1, 5º SST). Deprivation of the power of sacred orders is not possible, but only a prohibition against exercising all or some acts of orders, in accordance with common law; nor is deprivation of academic degrees possible. The prohibition against living in a certain place or territory can affect only clerics and religious or members of a society of common life in the manner of religious; an injunction to live in a certain place or territory affects only clerics enrolled in an eparchy, without prejudice to institutes of consecrated life. 18. “Proofs” are all those materials collected during the preliminary investigation and any other materials acquired: first, the record of the accusations made by the alleged victims; then pertinent documents (e.g., medical records; correspondence, even by electronic means; photographs; proofs of purchase; bank records); statements made by eventual witnesses; and finally any expert opinions (medical, including psychiatric; psychological; graphological) that the person who conducted the investigation may have deemed appropriate to accept or have carried out. It should be noted that these three delicts can be addressed canonically only after the date that SST took effect, namely, 21 May 2010. 8 SST - § 2. 144. Again, according to art. With regard to the use of the term “vulnerable adult”, elsewhere described as “any person in a state of infirmity, physical or mental deficiency, or deprivation of personal liberty which, in fact, even occasionally limits their ability to understand or to want or otherwise resist the offence” (cf. According to canon 1734 CIC, whoever intends to present a recourse against a penal decree must first seek its revocation or emendation from the author (the Ordinary or his delegate) within the peremptory time limit of ten useful days from the legitimate notification of the decree. 1735. 123. The purpose of these structures is purely that of advice, guidance and assistance; their analyses do not in any way constitute canonical procedural decisions. Información técnica Actualizada sobre productos Fitosanitarios y Nutricionales para la agricultura convencional y orgánica, noticias y empresas del sector. - Registro . The investigation should be carried out with respect for the civil laws of each state (cf. § 2. It is not necessary at this phase to assemble complete elements of proof (e.g., testimonies, expert opinions), since this would be the task of an eventual subsequent penal procedure. 19 VELM); and b/ respect for the desire of the alleged victim, provided that this is not contrary to civil legislation. On the day and time of the session in which the accusations and proofs are made known, the file containing the acts of the preliminary investigation is shown to the accused and to his advocate, if the latter is present. 119-126 apply. 43. Other situations outside of these cases are handled by the competent Dicasteries (cf. Canons 1719 CIC and 1470 CCEO state that the original of all the acts is to be kept in the secret archive of the curia. The decree in question is a personal act of the Ordinary or of his delegate, and therefore should not be signed by the assessors, but is to be authenticated by the notary. Fórmulas Químicas. 34. 121. Likewise, when a notitia de delicto comes from sources whose credibility might appear at first doubtful, it is not advisable to dismiss the matter a priori. and 1319 CIC and 1406 and 1510ff. [12] Canon 1337 CIC – § 1. For example, if it turns out that at the time of the delict of which he is accused, the person was not yet a cleric; if it comes to light that the presumed victim was not a minor (on this point, cf. 76. nuestras increíbles ofertas y promociones. Canon 1427 CCEO – § 1: Without prejudice to particular law, a public rebuke is to occur before a notary or two witnesses or by letter, but in such a way that the reception and tenor of the letter are established by some document. In the decree, he can also invite them to a joint session to carry out this evaluation. 2 and 3, never affect powers, offices, functions, rights, privileges, favors, titles, or insignia which are not subject to the power of the superior who establishes the penalty. Furthermore, since not all forms of notitiae de delicto are formal accusations, it is possible to evaluate whether or not one is bound by the secret, always keeping in mind the respect for the good name of others referred to in no. The entire file of the process is provided beforehand to the assessors, granting them a suitable time for study and personal evaluation. In the case of delicts reserved to the CDF, article 21 § 2, 1° SST, derogating from canons 1720 CIC and 1486 CCEO, states that the CDF alone, in individual cases, ex officio or when requested by the Ordinary or Hierarch, may decide to proceed in this way. En el ingeniero Agrónomo, tenemos como finalidad el proveer un instrumento completo en soporte de los grandes desafíos con los que contamos para fortalecer el desempeño y eficacia de nuestra agricultura. 78. What must be done when information is received about a possible delict (notitia de delicto)? 63. Congregation for the Doctrine of the Faith. Should the cleric decide to make use of this possibility, he must write a suitable petition, addressed to the Holy Father, introducing himself and briefly indicating the reasons for which he is seeking the dispensation. Above all, it must be remembered that the prescription of canon 1486 CCEO must be strictly followed, under pain of invalidity of the penal decree. If an Episcopal Conference, in response to the request made by the CDF in 2011, has already provided its own written guidelines for dealing with cases of the sexual abuse of minors, this text should also be taken into account. b/ How is an extrajudicial penal process carried out according to the CIC? Mi Vademecum - Es un sitio de información de Medicamentos y Principios Activos, encuentra un completo listado de enfermedades agrupados en clasificacion terapéutica. First, it should be stated that a precautionary measure is not a penalty (since penalties are imposed only at the end of a penal process), but an administrative act whose purposes are described by the aforementioned canons 1722 CIC and 1473 CCEO. The appointment of a promoter of justice is not foreseen. 31. The Ordinary (or his delegate) must be informed of the appointment of the advocate by means of a suitable and authentic procuratorial mandate in accordance with canon 1484 § 1 CIC, prior to the session in which the accusations and proofs are made known, in order to verify that the requirements of canon 1483 CIC have been met.[8]. Such recourse must be presented within the preemptory period of sixty canonical days to the Ordinary Session of the Congregation (the Feria IV) which will judge on the merits of the case and the lawfulness of the Decree. In the extrajudicial penal process according to the CCEO, there is no mention of assessors, but the presence of the promoter of justice is obligatory. The CCEO provides a simpler procedure than that of the CIC. While not issuing new norms or altering current canonical legislation, this manual seeks to clarify the various stages of the procedures involved. “Accusation” refers to the delict that the alleged victim or other person claims to have occurred, as this has emerged from the preliminary investigation. ECOVAD 2022. § 2. If the investigation has been carried out by a suitable person appointed by the Ordinary or Hierarch, he or she is to consign all the acts of the investigation, together with a personal evaluation of its results. During the investigative process, a particularly sensitive task falling to the Ordinary of Hierarch is to decide if and when to inform the person being accused. The preliminary investigation could also prove unnecessary in the case of a notorious and indisputable crime (given, for example, the acquisition of the civil proceedings or an admission on the part of the cleric). In accordance with canons 1719 CIC and 1470 CCEO, the Ordinary or Hierarch is to issue a decree opening the preliminary investigation, in which he names the person conducting the investigation and indicates in the text that he or she enjoys the powers referred to in canon 1717 § 3 CIC or 1468 § 3 CCEO. An unjustified delay in the preliminary investigation may constitute an act of negligence on the part of ecclesiastical authority. 113. 126. 56) – to exercise their duties and rights vis-à-vis the state authorities, taking care to document that this encouragement took place and to avoid any form of dissuasion with regard to the alleged victim. canon 1395 § 2 CIC; art. canon 701 CIC), as well as the prohibition of exercising any sacred orders received until the conditions referred to in canon 701 CIC are met. V. What decisions are possible in a penal process? The decision (issued by sentence or by decree) must refer to one of these three types, so that it is clear whether “constat”, “constat de non” or “non constat”. The aforementioned appointments are made by decree. For the admission of these proofs (and, in particular, the gathering of statements of eventual witnesses), the discretionary criteria permitted to the judge by universal law on contentious trials are applicable.[9]. 58 are imposed by a singular precept, legitimately made known (cf. 70. In addition to the delicts listed in art. III. 47. Nevertheless, this does not exclude, for such arguments, the defence being presented in written form. Abstract. 80. CIC and 1510ff. [13] Canon 54 CIC – § 1. 94500 pesos$ 94.500. en. Año: 2022 (18ª Edición actualizada). It is absolutely necessary to avoid in this phase any act that could be interpreted by the alleged victim as an obstacle to the exercise of his or her civil rights vis-à-vis the civil authorities. According to canons 1353 CIC and 1319 and 1487 § 2 CCEO, appeals and recourses have a suspensive effect on the penalty. The concept of “minor” in these cases has varied over the course of time. In addition to the delicts listed in art. IX. 1 can also entail dismissal from a religious Institute. Together with the copy of the acts and the duly completed form found at the end of this handbook, he is to provide his own evaluation of the results of the investigation (votum) and to offer any suggestions he may have on how to proceed (if, for example, he considers it appropriate to initiate a penal procedure and of what kind; if he considers sufficient the penalty imposed by the civil authorities; if the application of administrative measures by the Ordinary or Hierarch is preferable; if the prescription of the delict should be declared or its derogation granted). Sound practice suggests that the same criterion be used in appointing the Delegate and the Assessors in the case of an extrajudicial process. 25. This decree must contain: the clear indication of who is being summoned; the place and time at which he must appear; the purpose for which he is being summoned, that is, to take note of the accusation (which the text of the decree is to set forth briefly) and of the corresponding proofs (which the decree need not list), and to exercise his right of self-defence. Canon 55 CIC – Without prejudice to the prescripts of canons 37 and 51, when a very grave reason prevents the handing over of the written text of a decree, the decree is considered to have been made known if it is read to the person to whom it is destined in the presence of a notary or two witnesses. 66. Facebook. As mentioned above, the acquisition of the results of civil investigations (or of an entire trial before a tribunal of the state) could make the preliminary canonical investigation unnecessary. Therefore he is able to impose a perpetual expiatory penalty by decree, having obtained the prior mandate of the CDF required by the same article 21 § 2, 1º SST. If it was an extrajudicial penal process, recourse can be made against the decree that concluded it, within the terms provided by law, namely, by canons 1734ff. The use of the term “minor” does not reflect the distinction occasionally proposed by the psychological sciences between acts of “paedophilia” and those of “ephebophilia”, that is, involving post-pubescent adolescents. Although not expressly provided for by law, it is advisable that a priest notary be appointed (cf. 125. 103. will clearly be its responsibility, without prejudice to its right to request, if necessary, the cooperation of lower instances. 11. To impose an order to reside in a certain place or territory requires the consent of the ordinary of that place unless it is a question of a house designated for clerics doing penance or being rehabilitated even from outside the diocese. It must be remembered, however, that an obligation of silence about the allegations cannot be imposed on the one reporting the matter, on a person who claims to have been harmed, and on witnesses. How does the preliminary investigation take place? Laura Bonaparte" actualiza, modifica y amplía el Vademécum Where appropriate, competent persons may be called upon for assistance in this regard. For the drawing up of the penal decree, the same criteria indicated in nos. Infoagro no se hará responsable en ningún caso de los daños y perjuicios que pudieran ocasionarse por el mal uso o mala interpretación de . 1335 for censures must be observed for the prohibitions listed in can. Version 1.0. of 16 July 2020 . The author of the decree in this case need only await instructions or requests from the CDF, which in any case will inform him about the result of the examination of the recourse. 69). CCEO). c/ What complementary acts can or must be carried out during the preliminary investigation? Libro Vademecum Farmacologico Para Animales Exóticos. 89. 13. § 2. A choice was made not to include in this Vademecum guidelines for carrying out the judicial penal process in the first grade of judgment, since it was felt that the procedure set forth in the present Codes is sufficiently clear and detailed. 160. A singular decree whose application is entrusted to an executor takes effect from the moment of execution; otherwise, from the moment it is made known to the person by the authority of the one who issued it. 83. The formalities required for a precept are those previously mentioned (canons 49ff. Herramienta básica de consulta para el sector agrícola ecuatoriano, incluye información ampliada de los productos: Coadyuvantes y Postcosecha, Fertilizantes, Bioestimulantes, Reguladores de . 35. b/ What actions should be taken upon receiving a notitia de delicto? It can happen that the notitia de delicto comes directly to the CDF and not through the Ordinary or Hierarch. 140. Should the delict be established with certainty, the Ordinary or his delegate (cf. [2]  Art. The precautionary measures found in these canons constitute a taxative list, in other words, only one or more of those delineated can be chosen. - Registro de otros medios de defensa fitosanitaria. Vademécum Agrícola (Impreso) El instrumento adecuado para el trabajo de campo en el sector agrícola, donde podrá encontrar productos fitosanitarios, entre fertilizantes, plaguicidas, coadyuvantes, postcosecha, bioestimulantes, reguladores de crecimiento, con datos técnicos sobre ingredientes activos, clasificación de plagas y enfermedades. 57. [5]  Canon 1722 CIC – To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the ordinary, after having heard to promotor of justice… can exclude the accused from the sacred ministry or from some office and ecclesiastical function, can impose or forbid residence in some place or territory, or can even prohibit public participation in the Most Holy Eucharist… Canon 1473 CCEO – To prevent scandals, to protect the freedom of witnesses, and to guard the course of justice, the hierarch, after having heard the promotor of justice and cited the accused, at any stage and grade of the penal trial can exclude the accused from the exercise of sacred orders, an office, a ministry, or another function, can impose or forbid residence in some place or territory, or even can prohibit public reception of the Divine Eucharist…. All the above are referred to as “proofs” because, despite having been collected in the phase prior to the process, from the moment the extrajudicial process is opened, they automatically become a body of evidence. From 1 June to 31 December 2019, the acquisition, possession, or distribution of pornographic material involving minors between 14 and 18 years of age by clerics or by members of Institutes of Consecrated Life or Societies of Apostolic Life are delicts for which other Dicasteries are competent (cf. 7 SST - § 1. Their degree of sexual maturity does not affect the canonical definition of the delict. Nonetheless, since it involves a penal precept, the text must clearly indicate the penalty being threatened if the recipient of the precept were to violate the measures imposed on him. Notification of the accusations and proofs takes place in order to give the accused the possibility of self-defence (cf. 120. 58. The Ordinary or Hierarch must clearly inform him of this right. art. 93. . Taking into account the 6 December 2019 Instruction on the confidentiality of legal proceedings, the competent ecclesiastical authority (Ordinary or Hierarch) should inform the alleged victim and the accused, should they request it, in suitable ways about the individual phases of the proceeding, taking care not to reveal information covered by the pontifical secret or the secret of office, the divulging of which could cause harm to third parties. It should be kept in mind that, according to canon 1319 § 1 CIC, a penal precept cannot impose perpetual expiatory penalties; furthermore, the penalty must be clearly defined. However, if the author is the Ordinary, he must take note of the suspensive effects of the appeal, mentioned in no. canon 483 § 2 CIC and canon 253 § 2 CCEO, where other criteria are indicated for the choice), who assists the person conducting the preliminary investigation, for the purpose of ensuring the authenticity of the acts which have been drawn up (cf. Vademecum Colombia 2023. VIII. 148. Se afirma que en la agricultura se utiliza el 17% de las tierras y el 70% del agua que se extrae en el mundo, la mitad de esta se consume como . The bishop can approve for the function of auditor clerics or lay persons outstanding for their good character, prudence and doctrine. 105. 162. 53. CCEO). The notification must be made to his procurator, if he has one. In cases concerning the delicts mentioned in art. The revision of the Motu Proprio SST, promulgated on 21 May 2010, states that a person who habitually has the imperfect use of reason is to be considered equivalent to a minor (cf. If the accused refuses or fails to appear, the Ordinary (or his delegate) may consider whether or not to issue a second summons. In these sensitive preliminary acts, the Ordinary or Hierarch can seek the advice of the CDF (as is possible at any time during the handling of a case) and freely consult with experts in canonical penal matters. Prior to 30 April 2001, a minor was defined as a person under 16 years of age (even though in some particular legislations – for example in the United States [from 1994] and Ireland [from 1996] – the age had already been raised to 18). The norm given in can. The present manual is meant to serve as a handbook for those charged with ascertaining the truth in such criminal cases, leading them step-by-step from the notitia criminis to the definitive conclusion of the case. 73. • dismissal (“non constat”), whenever it has not been possible to attain moral certainty with regard to the guilt of the accused, due to lack of evidence or to insufficient or conflicting evidence that the offence was in fact committed, that the accused committed the offence, or that the delict was committed by a person who is not imputable. Art. Gran formato (30 X 2 4 centímetros). Uploaded by: Willy Martinez. To defend the good name of the persons involved and to protect the public good, as well as to avoid other factors (for example, the rise of scandal, the risk of concealment of future evidence, the presence of threats or other conduct meant to dissuade the alleged victim from exercising his or her rights, the protection of other possible victims), in accordance with art. 5 vademÉcum de investigaciÓn fedu 2013 - 2014 su relaciÓn con el requerimiento energÉtico de los estudiantes usuarios unsaac, cusco 2013 - 2014 143 143. This does not prevent persons reporting – especially if they also intend to inform the civil authorities – from making public their actions. Thereafter (and also in the case that the recourse was presented directly to the CDF), the author of the decree need only await possible instructions or requests from the CDF, which in any case will inform him about the result of the examination of the recourse. [17]  To be admitted, the recourse must clearly specify what is being sought (petitum) and contain the reasons in law (in iure) and in fact (in facto) on which it is based. 155. 119. Those who enjoy the right of appeal against a sentence of first instance include not only the accused party who considers himself unjustly aggrieved by the sentence, but also the Promoter of Justice of the CDF (cf. b/ What does the CCEO provide for in case of recourse against a penal decree? 86. 24. 49. 1336, § 1, n. 3. The procedure provided for in article 21 § 2, 2° SST[7] is reserved for the most grave cases, concludes with a direct decision of the Supreme Pontiff and requires that, even though the commission of the delict is manifestly evident, the accused be guaranteed the right of self-defence. 9. At times, a notitia de delicto can derive from an anonymous source, namely, from unidentified or unidentifiable persons. 107. In deciding the penalty to be imposed, canons 1429[14] and 1430[15] CCEO should be observed. If that plausibility proves unfounded, there is no need to pursue the notitia de delicto, although care should be taken to keep the documentation, together with a written explanation regarding the reasons for the decision. It should be noted, however, that since these are not the acts of a process, the presence of the notary is not necessary for their validity. The anonymity of the source should not automatically lead to considering the report as false. The judge or the president of a collegiate tribunal can designate an auditor, selected either from the judges of the tribunal or from persons the bishop approves for this function, to instruct the case. 112. It is helpful to remind them of their obligation to observe the secret of office. [8] Can. 6 § 1, 2º SST) three new delicts involving minors, i.e., the acquisition, possession (even temporary) or distribution by a cleric of pornographic images of minors under the age of 14 (as of 1 January 2020, under the age of 18) for purposes of sexual gratification by whatever means or using whatever technology. 111. e/ Does the penal decree fall under the secret of office? 22. 150. 13 VELM), the Ordinary or Hierarch should keep in mind that, according to canons 1717 § 3 CIC and 1468 § 3 CCEO, if a penal judicial process is then initiated, that same person cannot act as a judge in the matter. The extrajudicial penal process is carried out with slightly different formalities according to the two Codes. These officials are required to take an oath to fulfil faithfully the task with which they have been entrusted and to observe secrecy. 47), the procedural acts and the decision fall under the secret of office. If you are author or own the copyright of this book, please report to us by using this DMCA report form. 16. 164. A decision to be avoided is that of simply transferring the accused cleric from his office, region or religious house, with the idea that distancing him from the place of the alleged crime or alleged victims constitutes a sufficient solution of the case. The ordinary form with which these measures are imposed is the penal precept mentioned in canon 1319 § 1 CIC and 1406 § 1 CCEO. a/ What does the CIC provide for in case of recourse against a penal decree? [10]  According to article 24 § 2 SST, however, he is obliged to do so with regard to the credibility of the accuser should the sacrament of Penance be involved. Since this is a penal process, the accuser is not obliged to take part in the process. Ácidos Húmicos. It serves: a/ to gather data useful for a more detailed examination of the notitia de delicto; and b/ to determine the plausibility of the report, that is, to determine that which is called fumus delicti, namely the sufficient basis both in law and in fact so as to consider the accusation as having the semblance of truth. In appointing the person who carries out the investigation, and taking into account the cooperation that can be offered by lay persons in accordance with canons 228 CIC and 408 CCEO (cf. 58-65 can be imposed on the accused. 54. 21), he is to select him or her using the criteria indicated by canons 1428 §§ 1-2 CIC or 1093 CCEO.[4]. According to the type of procedure employed, there are different possibilities available for those who were parties in the process. 137. Since not everyone possesses a detailed knowledge of canon law and its formal language, a penal decree should primarily be concerned with explaining the reasoning behind the decision, rather than being concerned about precise and detailed terminology. 14. 20. For the definition of penal remedies, penances and public rebukes, canons 1339 and 1340 § 1 CIC and canon 1427 CCEO should be consulted.[6]. In these cases, limits are ordinarily imposed on the exercise of the ministry, of greater or lesser extent in view of the case, and also at times the obligation of residing in a certain place. Código Medicamento Acción Terapéutica Laboratorio However in the delict mentioned in art. c/ How is an extrajudicial penal process concluded according to the CIC? 6 § 1, 1º SST). Envío gratis. 159. The preliminary investigation takes place in accordance with the criteria and procedures set forth in canon 1717 CIC or canon 1468 CCEO and cited below. 28. Reference is made above all to the two Codes presently in force (CIC and CCEO); the Norms on Delicts Reserved to the Congregation for the Doctrine of the Faith in the revised 2010 version, issued with the Motu Proprio Sacramentorum Sanctitatis Tutela, taking account of the revisions introduced by the Rescripta ex Audientia of 3 and 6 December 2019; the Motu Proprio Vos Estis Lux Mundi; and, not least, the praxis of the Congregation for the Doctrine of the Faith, which has in recent years become increasingly clear and consolidated. It should be carefully noted that, according to canon 1728 § 2 CIC, the accused is not bound to confess (admit) the delict, nor can he be required to take an oath to tell the truth. 153. Here too, consideration should be given to whether the Ordinary or Hierarch is obliged to inform the civil authorities of the reception of the notitia de delicto and the opening of the preliminary investigation. Its use is to be encouraged, since a standardized praxis will contribute to a better administration of justice. Furthermore, they can be modified (made more or less severe), if circumstances so demand. Partner Sites Youtube to Mp3 Converter About Us This project started as a student project in 2014 and was presented in 2017. no. 77. In cases where the report concerns a member of an Institute of Consecrated Life or a Society of Apostolic Life, the major Superior will also inform the supreme Moderator and, in the case of Institutes and Societies of diocesan right, also the respective Bishop. 88. Such a definitive sentence can be challenged only by a restitutio in integrum, provided elements are produced that make its injustice clear (cf. 19 SST, the Ordinary or Hierarch has the right, from the outset of the preliminary investigation, to impose the precautionary measures listed in canons 1722 CIC and 1473 CCEO.[5]. 7. The same rules, suitably adapted, are also applicable to definitively incorporated members of Societies of Apostolic Life (cf. canons 1437 § 2 CIC and 1101 § 2 CCEO). 118. a u i agronomo l ___ _ -tina18ec <carei .. ec ow.aectin ji<t ioouect n 1 8 ec 'tauflin t ec -1rec a8amect i na importador hor'tus sa bayersa farmagrosa sl.vestre peru sa c droo<asa peru sa suizas a s a neoagruiol sac roe acefte agricol.a vioita_l ioombre comer. It is possible to provide for the public good or for the welfare of the person accused through appropriate warnings, penal remedies and other means of pastoral solicitude (cf. 116. 136. 104. 85. In any case, it is recommended that the Ordinary or Hierarch inform the CDF all the same. Due care must be taken, however, by those who must carry out the preliminary investigation to examine the civil investigation, since the criteria used in the latter (with regard, for example, to terms of prescription, the typology of the crime, the age of the victim, etc.) Canons 1717 § 2 CIC and 1468 § 2 CCEO, and articles 4 § 2 and 5 § 2 VELM speak of protecting the good name of the persons involved (the accused, alleged victims, witnesses), so that the report will not lead to prejudice, retaliation or discrimination in their regard. What should be done in case of recourse against a penal decree? Ilustraciones: más de 250 algunas en color color (fotografías, dibujos, cuadros y tablas). It need not be a formal complaint. With regard to the decision rendered, a specific letter of execution is sent to all interested parties. 1 and 7 VELM). 41. An assessment must be made of all the goods at stake: in addition to the protection of the good name of the persons involved, consideration must also be given, for example, to the risk of compromising the preliminary investigation or giving scandal to the faithful, and the advantage of collecting beforehand all evidence that could prove useful or necessary. This can also occur at the request of the accused during the defence phase. 50. This document was uploaded by user and they confirmed that they have the permission to share it. 32. It has been noted that the older terminology of suspensio a divinis is still frequently being used to refer to the prohibition of the exercise of ministry imposed on a cleric as a precautionary measure. § 2. This notification can be given at the time of the first summons. • acquittal (“constat de non”), if with moral certainty the innocence of the accused is established, inasmuch as no offence was committed, the accused did not commit the offence, the offence is not deemed a delict by the law or was committed by a person who is not imputable. 7875 pesos$ 7.875. sin interés. 24 SST[2]). When the laws of the state require the Ordinary or Hierarch to report a notitia de delicto, he must do so, even if it is expected that on the basis of state laws no action will be taken (for example, in cases where the statute of limitations has expired or the definition of the crime may vary). 45. In turn, the CDF will forward it and – if the Holy Father accepts the petition – will transmit the rescript of dispensation to the Ordinary or Hierarch, asking him to provide for legitimate notification to the petitioner. Care must be taken that the public rebuke itself does not result in a greater disgrace of the offender than is appropriate. canon 1720, 3º CIC) must issue a decree concluding the process and imposing the penalty, penal remedy or penance that he considers most suitable for the reparation of scandal, the reestablishment of justice and the amendment of the guilty party. a/ What is the preliminary investigation? These variations must be taken into account when determining whether the “minor” in question was in fact such, according to the legal definition in effect at the time of the facts. [9] By analogy with canon 1527 CIC – § 1. In cases where the local Ordinary or Hierarch and the proper Ordinary or Hierarch are not the same person, it is preferable that they contact each other to determine which of them will carry out the investigation. A judge or the president of a collegiate tribunal can designate an auditor to instruct the case. If it appears useful to reopen the preliminary investigation on the basis of those elements, the CDF is to be informed immediately. After attentively examining the acts, the CDF can then choose to act in a variety of ways: it can archive the case; request a more thorough preliminary investigation; impose non-penal disciplinary measures, ordinarily by a penal precept; impose penal remedies or penances, or warnings or rebukes; initiate a penal process; or identify other means of pastoral response. 6 of the Normae promulgated by the Motu Proprio Sacramentorum Sanctitatis Tutela, what follows is to be observed – with eventual adaptations – in all cases involving delicts reserved to the Congregation for the Doctrine of the Faith; b. 91. These written notes fall under the secret of office and are not to be made public. Like the judicial process, the extrajudicial process can be carried out within the CDF or entrusted to a lower instance, or to the Ordinary or Hierarch of the accused, or to third parties charged with this task by the CDF, possibly at the request of the Ordinary or Hierarch. Although not explicitly provided for by law in an extrajudicial process, nonetheless, since a penal matter is involved, it is most fitting that the accused, in accordance with the prescriptions of canons 1723 and 1481 §§ 1-2 CIC, be assisted by a procurator and/or advocate, either of his own choice or, otherwise, appointed ex officio. The following abbreviations will be used: CIC: Codex Iuris Canonici . d/ How is an extrajudicial penal process carried out according to the CCEO? In response to numerous questions about the procedures to be followed in those penal cases for which it is competent, the Congregation for the Doctrine of the Faith has prepared this Vademecum, intended primarily for Ordinaries and other personnel needing to apply the canonical norms governing cases of the sexual abuse of minors by clerics. 4. 12. 135. CIC and 1487 CCEO (cf. a/ What is the extrajudicial penal process? 74. VAM. A prohibition against residing in a certain place or territory can affect both clerics and religious; however, the order to reside in a certain place or territory can affect secular clerics and, within the limits of the constitutions, religious. AGROVADEMÉCUM. 134. The obligation to respect the secret of office should be made known. Scribd es red social de lectura y publicación más importante del mundo. Particular attention should be given to the fact that, if the case involves the sacrament of Penance, respect must be shown for article 24 SST, which states that the name of the alleged victim is not to be revealed to the accused unless the accuser has expressly consented otherwise. 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