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apae libertas ecclesiae plenitudo potestatis jus novum c 1140 1563 corpus juris canonici decretum gratiani decretist canon episcopi margaritae jus commune decretals of gregory ix decretalist regulæ juris extravagantes liber septimus jus novissimum c 1563 1918 council of trent benedictus deus tametsi apostolicae sedis moderationi jus codicis 1918 present 1917 code of canon law ecclesiae sanctae 1983 code of canon law other contractum trinius papal judge delegate right of option eastern law code of canons of the eastern churches eastern canonical reforms of pius xii nomocanon eparchy exarchate ordinariate for eastern catholic faithful protosyncellus liturgical law latin church general roman calendar ranking of liturgical days in the roman rite general instruction of the roman missal code of rubrics sacrosanctum concilium mysterii paschalis musicam sacram scripturarum thesaurus liturgiam authenticam quattuor abhinc annos ecclesia dei summorum pontificum magnum principium traditionis custodes red mass holy day of obligation sacramental law communicatio in sacris ex opere operato omnium in mentem validity and liceity sacraments holy orders impediment catholic canon law abstemius defect of birth obligation of celibacy nullity of sacred ordination apostolicae curae dimissorial letters episcopal consecrators approbation catholic canon law confession penitential canons paenitentiale theodori seal of the confessional internal and external forum note on the importance of the internal forum and the inviolability of the sacramental seal apostolic penitentiary canon penitentiary complicit absolution sacramentum poenitentiae eucharist eucharistic discipline canon 915 celebret mass stipend sacramentals indulgence indulgentiarum doctrina sacred places altars major basilica minor basilica oratory chapel sacred times feast days fast days and abstinence paenitemini holy day of obligation matrimonial law canonical form latin church tametsi ne temere banns of marriage declaration of nullity dignitas connubii matrimonial nullity trial reforms of pope francis vetitum defender of the bond impediments to marriage affinity clandestinity impediment of crime disparity of cult ligamen public propriety matrimonial dispensation ratum sed non consummatum sanatio in radice natural marriage pauline privilege petrine privilege supreme authority particular churches and canonical structures supreme authority of the church roman pontiff papal conclave college of bishops supra diocesan eparchal structures college of cardinals conference of bishops synod of bishops particular churches churches sui juris latin church eastern catholic churches local particular churches appointment of bishops abbacy nullius apostolic vicariate apostolic vicar apostolic administration apostolic administrator diocese archdiocese aeque principaliter cathedraticum in persona episcopi diocesan curia moderator of the curia chancery deanery vicar forane eparchy eparchal curia military ordinariate mission sui juris personal ordinariate anglicanorum coetibus juridic persons parish team of priests in solidum collegiate church parish register lay trusteeism roman curia dicastery congregation pontifical council personal prelature types of membership of opus dei association of the christian faithful vicar general quinquennial visit ad limina jurisprudence canonical coronation canonically crowned images computation of time custom delegata potestas non potest delegari derogation dispensation taxa innocentiana faculty indult impediment donation interpretation pontifical council for legislative texts jurisdiction peritus obreption subreption obrogation promulgation resignation of the roman pontiff sede vacante simony vacatio legis validity and liceity visitation apostolic visitor philosophy theology and fundamental theory of catholic canon law theology ecclesiology treatise on law determinatio temporal goods property benefice cathedraticum contract law mass stipend stole fee temporalities law of persons person catholic canon law formal act of defection from the catholic church canonical age emancipation exemption heresy clerics secular clergy regular clergy obligation of celibacy clerics and public office incardination and excardination laicization dispensation canonical faculties office canonical provision canonical election juridic and physical persons jus patronatus associations of the faithful consecrated life canonical documents acta apostolicae sedis acta sanctae sedis censor librorum imprimatur imprimi potest notary protonotary apostolic apostolic constitution canon concordat decree decretal encyclical motu proprio ordinance papal brief papal bull penitential positive law rescript parish register ecclesiastical latin penal law canon 1324 canon 1397 2 censure de delictis gravioribus complicit absolution crimen sollicitationis excommunication list of excommunicable offences in the catholic church list of people excommunicated by the catholic church list of cardinals excommunicated by the catholic church interdict laicization penal latae sententiae and ferendae sententiae lifetime of prayer and penance canonical admonitions ecclesiastical prison procedural law pars statica tribunals ministers parties tribunals supreme tribunal of the apostolic signatura tribunal of the roman rota apostolic penitentiary congregation for the doctrine of the faith ministers of justice judicial vicar officialis auditor parties defender of the bond procurator pars dynamica trial procedure dignitas connubii matrimonial causes appeal as from an abuse presumption penal procedure vos estis lux mundi canonization congregation for the causes of saints maiorem hac dilectionem advocatus diaboli oblatio vitae positio beatification and canonization process in 1914 election of the roman pontiff current law universi dominici gregis papal renunciation reforms of pope benedict xvi historical cum proxime jus exclusivae papal appointment aeterni patris filius romano pontifici eligendo ingravescentem aetatem ubi periculum quia propter legal practice and scholarship list of legal abbreviations academic degrees licentiate of canon law doctor of canon law doctor of both laws journals and professional societies canon law society of america the jurist faculties of canon law catholic university of america school of canon law canonists medieval gratian hostiensis jean lemoine raymond of peñafort rufinus johannes teutonicus geoffrey of trani burchard of worms brocard modern contemporary eugenio corecco john d faris pietro gasparri ladislas orsy edward n peters law of consecrated life solemn vow exclaustration manifestation of conscience canonical erection of a house of religious pontifical right diocesan right congregation for institutes of consecrated life and societies of apostolic life institute of consecrated life religious institute congregation order monasticism canons regular mendicant orders clerics regular secular institute cum sanctissimus primo feliciter provida mater ecclesia society of apostolic life decretum laudis catholic church portal law portal v t e the tribunals of the modern day catholic church are governed by the 1983 code of canon law in the case of the western church latin church and the code of canons of the eastern churches in the case of the eastern catholic churches byzantine ukrainian maronite melkite etc both systems of canon law underwent general revisions in the late 20th century resulting in the new code for the latin church in 1983 and the compilation for the first time of the eastern code in 1990 first instance edit this subsection relies on a single source please help improve this subsection by adding citations to reliable sources unsourced material may be challenged and removed find sources ecclesiastical court news newspapers books scholar jstor january 2024 learn how and when to remove this message cases normally originate in the tribunal of the particular church i e the diocese or eparchy of the parties to the case this tribunal in canon law is called the tribunal of first instance the bishop of the church possesses the power to judge for his church however since the bishop has many different duties in his diocese most cases are handled by judges whom he appoints led by a priest known as the judicial vicar or officialis a single judge can handle normal contentious and penal cases a college of at least three judges however must try cases involving an excommunication the dismissal of a cleric or the annulment of the bond of marriage or of sacred ordination can 1425 1 the bishop can assign up to five judges to a case that is very difficult or important can 1425 2 otherwise the judicial vicar assigns cases to the judges and in those cases which require three or more judges presides over the panel or assigns one of his assistant judicial vicars to preside if there are any the judicial vicar and the assistant judicial vicars must be priests with doctorates or at least licentiates in canon law the other judges need only be clerics with licentiates but the episcopal conference can permit members of the laity with the same academic qualifications to serve as judges on a panel there are other officers of the tribunal the promoter of justice for instance is a canon lawyer whose job is to represent the diocese as the prosecutor in penal cases and who also can intervene in contentious cases if they concern the public good acting as a watch dog for the people of the diocese another important officer is the defender of the bond another canon lawyer whose job is to present reasons to the tribunal why a marriage is valid in cases of alleged nullity and why an ordination is valid in the rare cases of alleged nullity of holy orders the tribunal also has notaries who swear in witnesses and commit their testimony to writing parties in a case have the right to appoint an advocate who can argue for them at the tribunal if a person cannot afford an advocate the tribunal can assign one to them free of charge unlike courts of common law tradition ecclesiastical tribunals do not follow the adversarial system based on the same roman civil law that is behind much european law the procedure of a canonical court is more akin to the inquisitorial system with the judges leading the investigation as a general rule the defendant has the favorable presumption of law which means that the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner s case can 1608 20 this presumption also applies in penal cases can 1728 there are few exceptions to this rule in those cases the burden shifts to the defendant some matters cannot be introduced at the diocesan level and can only be introduced before the following appellate tribunal for the diocese cases against the diocese itself or an institution represented by the diocesan bishop roman rota cases against the heads of religious orders cases against dioceses or church institutions that are immediately subject to the holy see and non penal cases against bishops the pope himself any case where a cardinal eastern rite patriarch papal legate or head of state is a defendant and any penal case involving a bishop appeal edit the appellate tribunal is known as the tribunal of second instance 21 normally the second instance tribunal is the tribunal of the metropolitan bishop in the case where the appeal is from a first instance decision of the metropolitan s own tribunal the appeal is taken to a court which the metropolitan designated with approval of the holy see usually another nearby metropolitan thus ensuring that appeals from one diocese are never heard by the same diocese as an example a case in the diocese of springfield massachusetts would be appealed to the tribunal of the archdiocese of boston but a case originating in the archdiocese of boston would be appealed to the tribunal of the archdiocese of new york by agreement between the archbishops of new york and boston some cases are automatically appealed for instance when a marriage was found to be null prior to pope francis 2015 reforms the appealing party does not need to appeal to the metropolitan the party can instead appeal to the holy see in which case the roman rota would hear the case in the second instance if the case was before the rota in the first instance then a different panel of the rota hears it in the second instance with the exception of cases regarding personal status if the first instance and second instance tribunals agree on the result of the case then the case becomes res judicata and there is no further appeal if they disagree then the case can be appealed to the roman rota which serves as the tribunal of third instance the rota is a court of fifteen judges called auditors who take cases in panels of three and serve as the final arbiters of most cases there is no appeal from a court case that the pope has decided personally other tribunals edit the roman curia has two other tribunals which either deal with specialized cases or which do not deal with cases at all the first is the apostolic signatura a panel of five cardinals which serves as the highest court in the roman catholic church normal cases rarely reach the signatura the exception being if a party appeals to the pope and he assigns the case to them or if the pope on his own initiative pulls a case from another court and gives it to them the court mainly handles cases regarding the use of administrative power including penal cases which were decided using executive instead of judicial power which is the usual case it also handles disputes between dicasteries and other tribunals over jurisdiction complaints that a rotal decision is null and should be retried and matters regarding advocates and inter diocesan tribunals there is normally no right of appeal from the decision of the apostolic signatura can 1629 1 however laypersons and clerics have on rare occasions convinced the pope to hear their case afterwards this is usually reserved for cases where they are facing excommunication or some other form of severe censure such as the loss of the right to teach theology or to administer the sacraments facing censure a theologian and priest who convinced pope john paul ii to hear his case and even asked the pope to alter his own decision though the pope did not reverse the ruling in either case the other tribunal is the apostolic penitentiary this tribunal has no jurisdiction in what is known as the external forum meaning cases and events which are publicly known only matters of the internal forum which involve entirely confidential and secret matters including but not limited to what is confessed in the sacrament of penance it primarily deals with cases that arise only within the confessional and which by their nature are private confidential or whose facts are secret such cases are normally brought before the court by a person s confessor who writes up the relevant facts of the cases but only what is abs...