After Several Bishops are Accused of Abuse the Catholic Church in France Announces World's 1st Canonical Criminal Court
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Press Release: Officially installed on December 5, 2022, the National Canon Criminal Tribunal of the CEF (TPCN) is an internal criminal tribunal of the Catholic Church in France that will deal with canonical offenses committed by clerics or laity. Intended to replace in criminal matters the diocesan or interdiocesan courts that exist in France, its jurisdiction will extend to the entire national territory.
Its creation was voted on by all the bishops of France during their plenary assembly in March 2021. In accordance with the recommendations of the CIASE (n°40 in particular), its operation is based on collegial judgments and integration within it. not only expert priests but also judges and other specially trained lay collaborators. It is an unprecedented canonical tribunal that does not exist, in this form and with this field of competence, within any other episcopal conference in the world.
The Church, as a community of believers and as any human society, has developed a system
full legal. This includes the right to sanction the behavior of its members which
undermine the spiritual and human values of that society (some of which are not
taken into account by the State).
This is why the Church has an internal justice system and so-called canonical tribunals clean.
This is why the Church has an internal justice system and so-called canonical tribunals clean.
This specific system is similar to that of professional orders (doctors, lawyers, etc.), but
Church law is more than just disciplinary law: indeed, it does not only concern clerics, i.e. "professionals", but all the faithful.
It is important to remember that these ecclesial procedures do not conflict with French law. They are
proper to the Church and for its religious purposes, with strict respect for the separation of Church and State
induced by the law of 1905: the Catholic Church, like all worship, is free in its internal organization and all
Catholic, in France, as a French citizen, remains subject to the state law which governs it, and must
respond accordingly to its civil or criminal liability.
The main peculiarities of Church criminal justice are that:
I Certain offenses are specific to it: heresy, apostasy, schism, teaching of a doctrine condemned by the magisterium, simony, sacrilege, offenses in the administration of the sacraments...; *Certain penalties are specific to him: prohibition to celebrate or receive the sacraments, dismissal from the clerical state.
*In addition to expiatory penalties as in civil society, there are medicinal penalties the purpose of which is to obtain the amendment of the culprit. These penalties cease if this amendment is obtained.
While most sentences are to be imposed at the end of a trial (as in state justice), a a number of specific penalties, for certain serious or hidden offences, apply immediately by the mere fact that the offense has been committed (penalties "lataessentiae") if the perpetrator has acted freely, knowingly and knowing that he would be subject to such a penalty. Another specificity of Church criminal justice is the central role of the bishop. The diocesan bishop exercises the pastoral care of the people entrusted to him. For this, it has the necessary authority, whether exercised by himself or by others. Thus, to deal with facts and criminal behavior and conflicts within the community of the faithful, he must appoint a vicar judiciary and set up a tribunal to judge in its name. He must see that there are judges qualified and in sufficient numbers to dispense justice.
Officially installed on December 5, 2022, the National Canon Criminal Tribunal of the CEF (TPCN) is a internal criminal court of the Catholic Church in France which will deal with canonical offenses committed by clerics or lay people. Intended to replace in penal matters the diocesan or interdiocesan tribunals which exist in France, its jurisdiction will extend to the entire national territory. Its creation was voted on by all the bishops of France during their plenary assembly in March 2021. In accordance with the recommendations of the CIASE (no. 40 in particular), its operation is based on collegial judgments and the integration within it not only of expert priests but also of judges and other specially trained lay collaborators. It is an unprecedented canonical tribunal that does not exist, in this form and with this field of competence, within any other conference episcopal in the world.
WHY DID THE BISHOPS OF FRANCE DECIDE TO CREATE THIS TPCN?
The bishops of France have decided to set up the TPCN in order to ensure better administration criminal justice within the Church in France, in particular via:
The main peculiarities of Church criminal justice are that:
I Certain offenses are specific to it: heresy, apostasy, schism, teaching of a doctrine condemned by the magisterium, simony, sacrilege, offenses in the administration of the sacraments...; *Certain penalties are specific to him: prohibition to celebrate or receive the sacraments, dismissal from the clerical state.
*In addition to expiatory penalties as in civil society, there are medicinal penalties the purpose of which is to obtain the amendment of the culprit. These penalties cease if this amendment is obtained.
While most sentences are to be imposed at the end of a trial (as in state justice), a a number of specific penalties, for certain serious or hidden offences, apply immediately by the mere fact that the offense has been committed (penalties "lataessentiae") if the perpetrator has acted freely, knowingly and knowing that he would be subject to such a penalty. Another specificity of Church criminal justice is the central role of the bishop. The diocesan bishop exercises the pastoral care of the people entrusted to him. For this, it has the necessary authority, whether exercised by himself or by others. Thus, to deal with facts and criminal behavior and conflicts within the community of the faithful, he must appoint a vicar judiciary and set up a tribunal to judge in its name. He must see that there are judges qualified and in sufficient numbers to dispense justice.
Finally, the law of the Church aims at the restoration of justice, the amendment of the guilty and the reparation of the
scandal. To fulfill these purposes, the bishop must bring a lawsuit at the conclusion of the preliminary inquiry unless
these can be achieved by administrative measures called "penal remedies".
WHAT IS THE CANONICAL CRIMINAL TRIBUNAL?Officially installed on December 5, 2022, the National Canon Criminal Tribunal of the CEF (TPCN) is a internal criminal court of the Catholic Church in France which will deal with canonical offenses committed by clerics or lay people. Intended to replace in penal matters the diocesan or interdiocesan tribunals which exist in France, its jurisdiction will extend to the entire national territory. Its creation was voted on by all the bishops of France during their plenary assembly in March 2021. In accordance with the recommendations of the CIASE (no. 40 in particular), its operation is based on collegial judgments and the integration within it not only of expert priests but also of judges and other specially trained lay collaborators. It is an unprecedented canonical tribunal that does not exist, in this form and with this field of competence, within any other conference episcopal in the world.
WHY DID THE BISHOPS OF FRANCE DECIDE TO CREATE THIS TPCN?
The bishops of France have decided to set up the TPCN in order to ensure better administration criminal justice within the Church in France, in particular via:
1.The change of scenery of the causes: it appeared necessary to distance the treatment of the causes from the dioceses
where the facts were committed.
2. Strengthening skills and harmonizing case law. So far, the weak
many of these criminal cases made it difficult for the numerous local courts responsible for
until then to instruct and judge them, to have each of them with all the specific skills
required and to be able to rely on sufficient case law.
WHAT WILL IT BE USED FOR?
The TPCN will have jurisdiction to judge all the facts which constitute offenses recognized as such by the Church law, in particular under the terms of Book VI of the 1983 Code of Canon Law and Title XXVII of the Code of Canons of the Eastern Churches of 1990, with the exception of offenses reserved and referred to the competent dicasteries (see below).
CONCRETELY, WHAT FACTS WILL HE JUDGING?
The TPCN will judge offenses against the faith and the unity of the Church, against the ecclesiastical authorities and the exercise charges (e.g. financial crimes), against good name, special obligations to which clerics and religious are bound as well as certain offenses against life, dignity and freedom human (for example sexual assaults on adults).
BY WHOM CAN IT BE SEIZED?
Any Catholic, or any person who feels aggrieved by the criminal behavior of a Catholic within ecclesial activities (and who therefore has a legitimate interest in acting) can contact the Promoter of justice to seize him of potentially criminal facts. By "Catholic" we mean all the baptized in the Catholic Church, whether clergy or lay.
The TPCN will have jurisdiction to judge all the facts which constitute offenses recognized as such by the Church law, in particular under the terms of Book VI of the 1983 Code of Canon Law and Title XXVII of the Code of Canons of the Eastern Churches of 1990, with the exception of offenses reserved and referred to the competent dicasteries (see below).
CONCRETELY, WHAT FACTS WILL HE JUDGING?
The TPCN will judge offenses against the faith and the unity of the Church, against the ecclesiastical authorities and the exercise charges (e.g. financial crimes), against good name, special obligations to which clerics and religious are bound as well as certain offenses against life, dignity and freedom human (for example sexual assaults on adults).
BY WHOM CAN IT BE SEIZED?
Any Catholic, or any person who feels aggrieved by the criminal behavior of a Catholic within ecclesial activities (and who therefore has a legitimate interest in acting) can contact the Promoter of justice to seize him of potentially criminal facts. By "Catholic" we mean all the baptized in the Catholic Church, whether clergy or lay.
Note: Directly appointed by the Pope, bishops are usually subject to the jurisdiction of the
courts of the Holy See. They will therefore not be subject to this new tribunal, but as is the case
today in canon law, of the Dicastery for Bishops or the Dicastery for the Doctrine of the
Faith, according to the nature of the facts committed.
WHO WILL MAKE UP THE TPCN?
The TPCN will be composed of around twenty members:
*A Judicial Vicar or Official, President of the court assisted by two vicars
judicial assistants;
*Nine to twelve judges;
*A Promoter of justice, assisted by two assistant promoters of justice;
*A chancellor and notaries
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