Rights and obligations of a cleric in canonical penal proceedings

Karolina Mazur’s chapter provides a concise overview of the procedural status of a cleric in canonical penal proceedings, outlining his rights and obligations in the light of the 1917 Code of Canon Law and the 1983 Code of Canon Law. The author recalls that the Church’s penal process comprises the preliminary investigation (canons 1717–1719 CIC of 1983) and the main proceedings in either an administrative or judicial form (canons 1720–1728), while in matters not expressly regulated the legislator refers to the appropriate application of general procedural norms and the ordinary contentious process, together with special provisions for cases involving the public good (canon 1728 § 1). She notes that during the preliminary investigation the cleric has the status of a suspect, whereas from the filing of the act of accusation until the final decision he is deemed an accused person, a status that entails a specific set of rights, in particular the right to defence, and duties from the gravity of the alleged acts, especially offences against morals, including sexual abuse of minors, which are classified as the most serious crimes in canon law.