The study analyses the extra-judicial (administrative) penal procedure to evaluate the right of defense of the accused. Among the moments during the procedure when the right of defense is at stake are information of the accused about the accusation and the proofs, an opportunity for self-defense, the assistance by an advocate, the communication of the penal decree and the recourse. The study concludes that the new code has some respect for the right of defense. However, it also shows some weak points in which the right of defense is not protected by procedural norms and could be easily denied.
The study introduces several parts of three papal Constitutions of the 16th century, 'Altitudo divini consilii' by Paul III, 'Romani Pontificis' by Pius V, 'Populis ac nationibus' by Gregory XIII, in Latin original and in Czech translation. The Constitutions gave special faculties to the missionaries to solve local difficult pastoral situations that were caused by polygamy and the slave trade. Then, the Constitutions are studied in the context of marriage indissolubility and compared with the Pauline Privilege.
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.