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EN
In the sacrament of reconciliation a penitent through the service of an authorized priest receives the forgiveness of sins through the mercy of God and consequently is reconciled with the Church. One of the fundamental elements of this sacrament is confession of sins in the presence of an authorized priest. Minister of this sacrament, a priest, needs to be delegated to administer this sacrament through the proper licensing. It is given through the power of the law itself or by the attachment to the office or alternatively by the designated church power. In the individual and integral confession penitent could confess the grave sin to the authorized priest which in the Church’ legislation has been defined as offense. In that situation not every priest who is able to listen to confession will have the capacity to give absolution due to the gravity of that sin. In order to release the penitent from the incurred censure the minister needs the adequate power which is given by the legislator in CIC/83 or by the competent power. The power of the confessor is subjected to some restrictions because he is unable give absolution from the Church’ punishments in all cases and release the penitent from all the sins committed. The source of these restrictions, is among others, the division in the Church’ punishments between censures and expiatory punishment and between punishments latae sententiae and ferendae sententiae as well as eventual declaration of the punishment latae sententiae. Moreover, another source of the restrictions applicable to the power of a confessor is the reservation made by the Holy See which applies to some excommunications latae sententiae. The common law this kind of power, with some limits, allocates to the following ministers of that sacrament: 1) bishop; 2) the ordinary; 3) canon penitentiary; 4) a chaplain of a hospital, prison or a sea trip; 5) any confessor in an emergency situation (casus urgens). Additionally the permission to give absolution in some limited range of internal sacramental punishments might be given by the Holy See and by the competent ordinary.
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EN
The first mentions of excommunication can be found in The Bible and in the teaching of Fathers of the Church. From the beginning, excommunication was the most severe sanction of all the penalties in canon law. Excommunication excluded one from community of the faithful, but did not brake all of ties. There was always a possibility of reconciliation with God and the Church. Over time excommunication was being used more often and more offenses were sanctioned with excommunication. This kind of penalty was either latae sententiae or ferendae sententae. Many popes created more and more regulations concerning excommunication. All of them were compiled in Gratian’s Decretum and Decrets of pope Gregory IX. One of the most important regulation of excommunication was promulgated by pope Martin V apostolic constitution Ad evitanda (1418). It introduces the distinction of excommunicated person into vitandi et tolrati. The Code of Canon Law (1917) changed the situation of excommunicated persons, but this punishment still remained the most severed sanction in canon law.
EN
In Poland, there is a problem of priests who are forbidden to serve and who, contrary to the canonical law, perform priestly services, e.g. administer sacraments, preach the word of God. This problem undoubtedly needs to be solved, after all, these are the most important issues for the Church. The article analyzes the idea of a centralized, nationwide register of priests covered by such a ban on exercising ordained authority, which is supposed to solve this problem. The evaluation of this register has been made from 1) the practical point of view of, 2) from the perspective of protection of the good name, and 3) the protection of personal data. The conclusion of the conducted research is as follows – the idea of the register in question should be rejected and an alternative proposal to it should be introduced in Poland, i.e. a uniform model of clergy ID.
PL
W Polce istnieje problem duchownych objętych zakazem posługiwania, którzy wbrew prawu kanonicznemu wykonują posługi kapłańskie, np. udzielają sakramentów, głoszą słowo Boże. Problem ten wymaga bez wątpienia rozwiązania, przecież chodzi o najważniejsze sprawy dla Kościoła. Artykuł analizuje pomysł scentralizowanego, ogólnopolskiego rejestru duchownych objętych takim zakazem wykonywania władzy święceń, który ma w założeniach rozwiązywać ten problem. Ocena tego rejestru została dokonana z punktu widzenia: 1) praktycznego, 2) ochrony dobrego imienia i 3) ochrony danych osobowych. Wniosek z przeprowadzonych badan jest następujący – należy odrzucić pomysł rejestru i przyjąć propozycję alternatywną wobec niego, czyli wprowadzenie na terenie Polski jednolitego wzoru celebretów.
EN
Excommunication is one of medicinal penalties in the Church. Censures deprive a punished person of access to various ecclesiastical goods. Excommunication can be either latae sententiae or ferendae sententiae. Canon 1331 § 1 defines consequences of excommunication latae sententiae. The excommunicated people are barred from participating in the liturgy in a ministerial capacity and from celebrating and receiving the Eucharist or other sacraments, but are not excluded from participation in these. They are also forbidden to exercise any ecclesiastical office or the like. Canon 1332 § 2 stipulates the imposed or declared excommunication’s results, which are: an obligation on others to prevent the excommunicated person from acting in a ministerial capacity in the liturgy or, if this proves impossible, to suspend the liturgical service; invalidity of acts of ecclesiastical governance; prohibition of benefits from privileges previously granted. Moreover excommunicated person cannot acquire validly a dignity, office, or other function in the Church; does not appropriate the benefits of a dignity, office, any function, or pension, which has in the Church.
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