The article seeks to respond to the unease that arose after the abolition of the obligation of the double conforming decision by the provisions of MIDI: the appeal conscientiously made by the defender of the bond in the first instance and that was made the subject of a renunciation by the defender of the bond in the second instance. This study distinguishes between the renouncement of an appeal, which is regulated by can. 1636 §2, and the waiver of the instance of appeal, which is regulated instead by can. 1524 §3, which foresees the need for its acceptance by the judge. As for the first issue, which is regulated by can. 1636 §2, this study notes that it cannot in fact take place through an appeal against affirmative judgments of matrimonial nullity, because the instance begins properly with the delivery of the acts of the case to the defender of bond in the second degree, and therefore it is only possible for him in the case to waive the instance of appeal.

The text aims to offer the reader a brief theological and juridical summary of the dignity of the christifidelis. A dignity that is constitutional, as it is prescribed and protected at a fundamental level in the Code, and that is expressed not only in the dynamics of equality but also in functional differentiation in the Church.

Doctrine affirms that only by knowing exactly the juridical good for which a criminal norm is intended can one understand its meaning and scope. Avoiding any positivism that would limit research to the letter of the Code alone, this paper aims to provide an analysis of canon 1398 from a double perspective: in light of the current criminal law and in light of the criminal doctrine of juridical , re the object of the criminal protection stipulated in the canon.