The procedure of the preliminary investigation

Rev. Daniel Klimkiewicz’s chapter offers a concise overview of the canonical preliminary investigation in cases of clerics suspected of offences against the sixth commandment with minors and persons legally equated with them. It takes as its starting point canon 1717 § 1 CIC, which obliges the ordinary, once he has at least a probable indication of a delict, to conduct or delegate a careful inquiry into the facts, circumstances, and imputability, with this investigation functioning as a preparatory stage prior to any eventual penal process. The author explains that the purpose of the preliminary investigation is to provide the ordinary with a reliable basis for subsequent legal decisions, especially in matters reserved to the Dicastery for the Doctrine of the Faith, where sexual abuse of minors is at stake and the highest degree of prudence is required. The structure of the study is outlined: a characterisation of the offence contra sextum involving protected persons, a definition of the nature and aims of the preliminary investigation, clarification of the competent authority, and a description of the successive stages of the procedure, all presented with reference to the updated Code of Canon Law and pertinent normative documents.