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Periodica de re canonica
Periodica de re canonica
Articles published in the journal Periodica de re canonica up to 2023 will gradually be made available in PDF format on this website (in the "open access" mode). Currently, the PDFs of 30 percent of the articles published between 1924 and 2018 are accessible.

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DOI10.32060/PERIODICA.3.2023.349-394
AuthorGianpaolo Montini
TitleLa sentenza di assoluzione nel processo penale
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume112
Year2023
Pages349-394
Abstract

Number 84 of the Vademecum on Certain Points of Procedure in Treating Cases of Sexual Abuse of Minors Committed by Clerics provides for three types of definitive penal sentences. This appears to be in contrast with can. 1608, which would seem to provide for only two types of sentences: “constat” and “non constat”. This article answers the question of whether the aforementioned practice of the Dicastery for the Doctrine of the Faith can be applied in common penal law, i.e. in criminal proceedings in cases not reserved to the competence of that Dicastery. The conclusion is negative, both due to the presumption of innocence of the accused as well as due to the structure of the canonical process as regulated in the current Code.


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