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„Trybunał miłosierdzia oraz łaski”: kiedy i w jaki sposób należy odnieść się do Penitencjarii Apostolskiej? (Praktyczne wskazówki dla spowiednika oraz duszpasterza)

100%

Rozkrut T.

Tarnowskie Studia Teologiczne

2013

vol. 32

issue 2

The Apostolic Penitentiary constitutes a relatively little-known dicastery of the Roman Curia, however, with a very rich and long history. From the rich and very distant history of the institution, also in the context of the Year of the Faith (2012-2013) announced by the Pope Benedict XVI, we should quote the fact that with the development of the penitential practices in the Church the necessity of taking the relevant measures in order to help the pilgrims who – coming to the Eternal City – tried to receive absolution of their sins as well as they tried to obtain exemption from the sanctions reserved only to the Pope’s disposal as well was perceived. The subject of the works of the Apostolic Penitentiary is settling the special issues (sui generis) that concern the forum internum, that is the matter of conscience and moral problems of particular worshippers (both the clergy as well as the lay faithful) that are at the foundation of the specific and frequently hard-to-solve problems of the human nature directed to the Penitentiary. The Apostolic Penitentiary, in general, settles everything that affects the matter of conscience. Therefore, apart from granting grace, remission of sins, dispensing, exchanging and decreasing censures, canonical sanctions, it analyses and settles all the matters of conscience that have been presented to it; in this last example, first of all, by providing the answers for particular doubts of moral and legal nature that are depicted by confessors or interested people. In these very wide competences the Apostolic Penitentiary solves solely single and specific problems, whereas settlement of the issues of sub specie universalitatis falls within the competences of the Congregation for the Doctrine of the Faith. Additionally, the subject of works of the Apostolic Penitentiary is granting indulgences.

Wymiar kar kościelnych w kontekście salus animarum

88%

Wroceński J.

Sympozjum

2016

issue 2(31)

9-40

In his paper, the author considers the question of the dimension of ecclesiastical penalties in the context of the salvation of souls. He reaches the conclusion that the law of the Church and the power of punishment are closely associated with the same nature and mission of the Church which was established by Christ, not only as a spiritual community linked by supernatural bonds but also as a visible community, which, for the realization of its salvific mission (salus animarum), has at its disposal various means, including the power to inflict penalties. Ecclesiastical penalty always entails some diminution or even deprivation of rights that belonged to a person because of the state of life in the Church. The Church and, more precisely, those who stand at the head of communities apply penalties under the authority of Christ. The infliction of ecclesiastical penalties is effectuated within the triple function of the power of governance, i.e. legislative, executive, and judicial. However, criminal sanctions are inflicted on condition of external violation and it must be a violation of some penal statute, general or particular, or penal regulation. In addition, there must be significant sanity as a result of intentional or unintentional guilt. If it lacks any of the above-mentioned elements, it is not possible to impose of a criminal sanction in the Church in a particular case. Although this principle is absolute, still it permits an exception. Namely, the legislator allows punishment also for exceeding the legal provision that is not backed by a criminal sanction under two conditions: if the special gravity of the offense demands punishing and if, at the same time, the need to avoid scandal or to repair it is urgent. This is always done in the context of the salus animarum.

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1 Sympozjum

1 Tarnowskie Studia Teologiczne

1 Rozkrut T.

1 Wroceński J.

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„Trybunał miłosierdzia oraz łaski”: kiedy i w jaki sposób należy odnieść się do Penitencjarii Apostolskiej? (Praktyczne wskazówki dla spowiednika oraz duszpasterza)

Wymiar kar kościelnych w kontekście salus animarum