| Year 2004 Canonical Studies
1. Favour of Faith Cases
(Msgr. Charles J. Scicluna)
1. The Diocesan Bishop
The person competent to instruct favour of the faith cases are “the diocesan Bishop
and those equivalent to him in law, or the eparchial bishop” (art.3); where the
term Episcopus is used elsewhere in the norms, it is to be understood in light of
article three. It is the intention of the Norms that those matters which are attributed
by name to the diocesan Bishop pertain only to him and to the others equivalent
to him, excluding the vicar general and Episcopal vicar, “except by special mandate”
(cf. can. 134 § 3). If the diocesan Bishop has given a special mandate to ......
2. Graviora Delicta, the
Proceedure and Praxis (Msgr. Charles J Scicluna)
A. Some preliminary considerations regarding substantive law
With reference to art. 52 of the Apostolic Constitution Pastor Bonus of 28 June
1988, art. 1 of the motu proprio Sacramentorum sanctitatis tutela of the 30 April
2001 distinguishes between two types of graviora delicta
a) “delicta in sacramentorum celebratione commissa” (delicts committed in the celebration
of the sacraments)
b) “delicta contra mores” (delicts against morals)......
3. Graviora Delicta Table
(Msgr Charles J Scicluna)
Names of diocese
CDF PROT. N. (if available)
NAME OF CLERIC
ABCD, Fghi, K.
4. Sexual Abuse of Children
and Young (Msgr. Charles J. Scicluna)
1. Sexual Abuse of Minors by Clerics is a grave violation of divine positive and
The Sexual abuse of minors has always been considered as a grave violation of the
Christian Ethos. It has always been included among the types of conduct proscribed
by the Sixth Commandment of the Decalogue: A You shall not commit adultery (Deuteronomy
The Gospel of Matthew reports the very strong words of Our Lord Jesus Christ concerning
scandal to the little ones: If anyone of you put a stumbling block (scandal) before
one of these little ones who believe in me, it would be better for you if a great
millstone were fastened around your neck and you were drowned in the depth of the
5. Recourse against Singular
or Particular (Msgr. Charles J. Scicluna)
The general structure of Administrative Justice in the Church Preliminary Definitions
The Exercise of Authority by the Diocesan Bishop
Norms applicable to singular or particular administrative acts Gravament: The title
for challenging a particular administrative act .......
6. Rota Romana Addresses
of John Paul II (Rev. Francis G. Morrisey, OMI)
There are many ways of looking at papal addresses. For instance, someone might be
interested in studying all that a Pope, during his pontificate, wrote or said relating
to a specific topic, such as, for instance, elements regarding social justice or
the place of the Church in the world.......
7. Sacramentality of Marriage
and Matrimonial Nullity, F. G. Morrisey (Rev. Francis G. Morisey, OMI)
Since the year of Vatican II, there have been a number of significant developments
both in the understanding of the nature of Christian marriage and in the effect
of this understanding on our work in marriage tribunals. These developments are
centered on three particular areas of concern: ......
8. Elements of Proof in
Simulation Cases (Rev. Francis G. Morrisey, OMI)
- It is not my intention in this presentation to present things that are absolutely
new, but rather to bring together a number of elements that could be considered
separately but, when taken together, provide a new outlook on the situation.
- I should mention from the beginning that I am going to refer to the canons of
the Latin Code. I recognize that the procedural norms are quite similar when we
compare the Latin Code with the Oriental one, but it would bring me too far afield
to try and keep both Code running in tandem. I hope you understand..........