Published: 2024-06-28

Perpetrator necessary in the crime of attempted marriage by a clergyman. Does Church law forbid a necessary perpetrator to enter into a canonical marriage? Case study

Krzysztof Kiełpiński
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2023.35.1.07

Abstract

The crime of attempting to marry by a clergyman is a delicta graviora – the most serious crime in the canon law system, and the legislator provided for the punishment of latae senetntiae and, if the perpetrator fails to improve, other penalties, not excluding the penalty of expulsion from the clerical state. The main idea in the article was devoted to the necessary perpetrator of the crime - a woman. It begins with the presentation of a case study, which is the starting point for further analyses. The created narrative showed the perpetrator necessary as the subject of the crime - canonical criminal law, and at the same time a person who intends to enter into a canonical marriage after committing a crime with a clergyman. An important element of the research is the relationship between church punishment and the necessary perpetrator. The further canonical situation of the necessary perpetrator depends mainly on the type of punishment. When conducting the analysis, the provisions of the old law and the Code of Criminal Procedure from 1917 and 1983 were used, taking into account the amendment to the provisions of canonical criminal law, carried out by Pope Francis on December 8, 2021. Various research methods were used (e.g. historical and legal, dogmatic and legal, philological), which allowed to create an article that shows a significant research problem, important for canonical criminal law as well as for canonical matrimonial law. There are no studies in the literature on the legal and canonical position of the necessary perpetrator - a woman.

Keywords:

canonical criminal law, necessary offender, ius connubii, canonical marriage

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Citation rules

Kiełpiński, K. (2024). Perpetrator necessary in the crime of attempted marriage by a clergyman. Does Church law forbid a necessary perpetrator to enter into a canonical marriage? Case study. Ius Matrimoniale, 35(1), 207–227. https://doi.org/10.21697/im.2023.35.1.07

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