The Right to Defence in Ecclesiastic Tribunal
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Abstract
The aim of the present article is to outline the elements of the right to the defence in the procedural law in the Catholic Church, and at the same time to point out some problematic aspects of this right which could appear during the trial. These questions are considered in the light of the norms of the new Code of canon law promulgated by John Paul II in 1983. These norms are compared with the norms of the previous pio-benedictine Code of 1917 in order to show the natural evolution of canon law in this respect.
The function of canon law should correspond with natural functions of society. Considering the fact that the primary law in the Church is the salus animarus principle, it appears obvious that the practical implementation of love, perfection and justice is possible only by integrated study of Church teaching and canon law. Cardinal P. Felici was right by stressing that technical procedures of canon law shouldn’t be kept separately from theological and pastoral requirements.
The new Code of canon law declares a fundamental right of the faithful to the defence in the competent ecclesiastic tribunal in order to achieve an impartial decision in the trial. This could be achieved by all legitimate acts of the parties in the trial either directly or with the assistance of procurator or advocate. The ecclesiastical jurisprudence considers the right to the defence as an imperative norm which is rooted in the natural law, thus it appears very natural that canon law corresponds with universal respect of human rights. Once the trial has been initiated, the judge has a duty to seek an objective truth and do justice. If a person fails to exercise his or her rights due to manifest negligence of the tribunal, this is considered as a direct violation of that right which could amount to a denial of the right of defence and consequently render irremediable nullity of the sentence si ius defectiones alterutri parti denegatum fuit. It is important to stress that the failure of the party to exercise his or her right is not in any way a denial of that right. The jurisprudence of the Roman Rota and the Apostolic Signatura helps to clarify the content of the right of defence. That right can be fully exercised said when the following conditions are included: notification of the trial, knowledge of the issue, presentation of proofs, knowledge of the proofs relevant to deciding the issue, presentation of arguments and response in defence of one’s position.
The function of canon law should correspond with natural functions of society. Considering the fact that the primary law in the Church is the salus animarus principle, it appears obvious that the practical implementation of love, perfection and justice is possible only by integrated study of Church teaching and canon law. Cardinal P. Felici was right by stressing that technical procedures of canon law shouldn’t be kept separately from theological and pastoral requirements.
The new Code of canon law declares a fundamental right of the faithful to the defence in the competent ecclesiastic tribunal in order to achieve an impartial decision in the trial. This could be achieved by all legitimate acts of the parties in the trial either directly or with the assistance of procurator or advocate. The ecclesiastical jurisprudence considers the right to the defence as an imperative norm which is rooted in the natural law, thus it appears very natural that canon law corresponds with universal respect of human rights. Once the trial has been initiated, the judge has a duty to seek an objective truth and do justice. If a person fails to exercise his or her rights due to manifest negligence of the tribunal, this is considered as a direct violation of that right which could amount to a denial of the right of defence and consequently render irremediable nullity of the sentence si ius defectiones alterutri parti denegatum fuit. It is important to stress that the failure of the party to exercise his or her right is not in any way a denial of that right. The jurisprudence of the Roman Rota and the Apostolic Signatura helps to clarify the content of the right of defence. That right can be fully exercised said when the following conditions are included: notification of the trial, knowledge of the issue, presentation of proofs, knowledge of the proofs relevant to deciding the issue, presentation of arguments and response in defence of one’s position.
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