Evidence and analysis of evidence in canonical criminal proceedings

Fr. Rafał Dappa’s chapter examines the gathering and interpretation of evidence as one of the most important, demanding, and time-consuming stages of canonical criminal proceedings. He notes that the diversity of cases prevents the use of rigid procedural patterns: in some situations testimony of parties and witnesses supported by simple documents suffices, while in others more rarely used means of proof are required, all under the tension between time pressure and the need for a thorough clarification of the facts. Although procedural law states that the judge should not begin collecting evidence before the joinder of the issue, in practice the evidentiary record is built from the moment the case is reported, through the preliminary inquiry, up to the formal evidentiary phase, with elements gathered under canon 1717 CIC becoming part of the case file as evidence. By describing different approaches to the preliminary inquiry – from mere verification of plausibility to an extensive evidentiary search – the chapter stresses the necessity of prudent selection and evaluation of evidence so as to reach the required moral certainty while respecting the rights of all participants in the process.