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Soudní moc cirkve a účast laiků na ní

100%
Menke M.
Studia theologica
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2008
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vol. 10
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issue 4
52-73
EN
This article analyses the contemporary canonical-legal situation of the laity in the relation to the execution of church power of governance, especially judicial power. It points out the multivalent interpretation of the possibility of participation of lays on the judicial power of the Church that comes out from norms comprised in c. 129 § 2 C.I.C. and c. 1421 § 2 C.I.C., ie whether the lays can be the bearers of this power and on which base or whether they only participate in their execution. Article describes the concrete possibilities of involvement of the lays into the work of Church tribunals as judges, defenders of the bond, promoters of justice, notaries, advocates, procurators, experts etc. There is a need to clarify the legislation for the better formal precision of law in this sphere.
2
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POŽADAVKY KLADENÉ NA KANDIDÁTY SVĚCENÍ PODLE KODEXU KANONICKÉHO PRÁVA Z R. 1983 A INSTRUKCÍ DIKASTÉRIÍ ŘÍMSKÉ KURIE

86%
Krukowski J.
Studia theologica
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2012
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vol. 14
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issue 3
128–137
EN
The paper describes the current practice and legislation of the Catholic Church in connection with offenses of a sexual character. Firstly, a clarification is provided of the concept of Canon penal law and the concept of criminal offenses in the system of Canon law in terms of material and formal. Subsequently, the author deals with specific offenses, arising from the acts against the sixth Commandment of the Decalogue and their division according to the kind of violation of the sixth Commandment – directly or indirectly. The author analyses the individual offenses according to the conditions of the perpetration of offenses, their subject, object, imposed penalty and the competent authority for declaring or imposing of the penalty. The author discusses the institute of prescription and the changes in this area (particularly the extension of prescription) in the case of offenses against minors, reserved for the Congregation for the Doctrine of the Faith.
3
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PROCEDURA PROPUŠTĚNÍ Z DUCHOVNÍHO STAVU PODLE NEJNOVĚJŠÍCH PŘEDPISŮ APOŠTOLSKÉHO STOLCE

72%
Stoklosa M.
Studia theologica
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2012
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vol. 14
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issue 3
138–155
EN
The article acquaints readers with the latest changes in legislation of the Catholic Church in the penal law. It describes the procedure of dismissal from the clerical state according to the Normae de gravioribus delictis and the current practice of the Congregation for the Doctrine of the Faith and the prescription of such offenses as well. The paper also provides an analysis of the procedure of dismissal from the clerical state on the basis of three special faculties granted by the Pope to the Congregation for the Clergy in 2009. These faculties are presented as a response of the Holy See to specific experiences of the Church and the difficulties in the application of ordinary ways of dismissal from the clerical state in an effort to protect in a better manner both the good of the Church as a whole, as well as the good of the individual cleric according to the rule salus animarum suprema lex. The extraordinary nature of these faculties should be recalled, as their use is only possible when a solution it is not possible using ordinary ways and their application is strictly centralized.
4
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DISPENS OD CELIBÁTU

72%
Menke M.
Studia theologica
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2012
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vol. 14
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issue 3
91–101
EN
The article introduces the canonical procedure connected with requesting a dispensation of celibacy in the proper way. After an initial definition of the terminology (clergy, celibacy, dispensation) it briefly summarizes the development of legal norms from the Code of Canon Law from 1917 to the present times. Furthermore, it analyzes in detail the procedure for the request for a dispensation which must be asked separately in cases of requests for release from the spiritual status of the cleric (laicization) both priests and deacons. The article goes on to list the documents which are required for completion by the Ordinary within the instructional procedures before their being sent to the Congregation for the Clergy. Since this issue is not contained in the Codes, it primarily continues with an analysis of extra-canon-Code norms. In conclusion, the difficulties connected with the dispensation procedure are enumerated.
5
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KANONICKOPRÁVNÍ ŘEŠENÍ OBTÍŽNÝCH ŽIVOTNÍCH SITUACÍ TRVALÝCH JÁHNŮ

72%
Menke M.
Studia theologica
|
2011
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vol. 13
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issue 4
98–113
EN
The article attempts to evaluate the possible canonical solutions to certain painful situations related to the life and service of permanent deacons. It begins with a delimitation of the status of permanent deacons and consequently attempts to introduce a typology of issues connected with their situation. This arises out of various types of deacon life-status: permanent celibate deaconacy (within a diocese or in a certain institute of consecrated life or in an association of apostolic life), the non-celibate deaconacy of married men or the deaconacy of widowers. The canonical procedures deal with the laicization of a deacon – either of a married or a celibate one (at his own request or as an effect of a penalty) as well as with the case of a widowed married deacon intending to enter into a new marriage, for which case the canonical law appoints the impediment of sacred orders (can. 1087). Subsequently, additional procedures are described, as the proclamation of the invalidity of deaconal ordination, the dismissal from the clerical state of a religious deacon as well as the penalty dismissal from a religious institution, and other problematic situations. The author states that the canonical solutions predominantly appear only when the pastoral possibilities are exhausted and when it is necessary to solve the statutory issues or questions about the validity and liceity of certain acts.
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