The subject of this article are offenses which are the basis for dismissal from the clerical state. At the pre- article explains how the loss of the clerical state standardized in canon 290 of the Code of Canon Law. These methods are: judgment judicial or administrative decree, the papal rescript and the Holy See, and the penalty of dismissal imposed in accordance with the law by committing a serious offense by a cleric. Then, detailed and thoroughly discussed the reasons for dismissal from the clerical state. The procedure for dismissal from the clerical state was divided into two sections. The first is the procedure for transfer of a priest to the lay state. Described special powers to transfer a priest to the lay state, which has been given to the Congregation for the Clergy special powers to transfer the clergy to the lay state. The second procedure is the procedure for dismissal from the clerical state, which is reserved to the Congregation for the Doctrine of the Faith.
The article introduces the practice of the Congregation for Clergy regarding the loss of the clerical state. After an initial presentation of the structure of the dicastery, it briefly summarizes the documents required for issue of singular types of matters. It provides the greatest attention to the application of special faculties granted to the dicastery in 2009 by the description of stages of the proceeding – the diocesan and the apostolic one, illustrating the descriptions with statistical data.
The article provides an analysis of the existing possibilities of application of the penalty of dismissal from the clerical state according the normative of the Latin Code of the Canon Law of 1983. After a short presentation of the concept of the clerical state itself and of the modes of its loss it describes accurately the position of this penalty in the system of Church penalties. It offers through an analysis of the substantial and procedural normative of the Code of Canon Law and the Code of the Eastern Churches, the ordinary means of application of this penalty and the difficulties connected with it as well. Furthermore, it makes mention of the practical pitfalls of the application through ordinary means, following with an extremely strong emphasis on the defense of the accused, for an appropriate defense of the victims of the crimes, for debarring of scandal, for ensurance and enhancement of ecclesiastical discipline and for protection of the dignity of the sacramental ministry itself as well. In conclusion, it points out the urgent necessity for legislative emendations of legislative outside of the codes of Canon law, as well as for revision of the legislative of the Latin code itself.
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