The Ordinary Competent to Conduct the Preliminary Investigation (Can. 1717)
This article aims to fill a glaring lacuna in canonical doctrine: the proper identification of the Ordinary who is competent to conduct a preliminary investigation (cf. can. 1717 §1). The canonical legislation, in fact, makes it possible to identify with certainty the competent judge in a judicial penal process (cf. canons 1408; 1412; 1415), but it does not provide such certain criteria for identifying the competent Ordinary for a preliminary investigation. The author proposes a de iure condito solution that remedies such uncertainty as well as the dangers that this entails, both for the correct unfolding of the aforementioned inquiry and for the Ordinaries involved; he also proposes a de iure condendo solution that resolves the issue in a definitive manner.
Keywords: preliminary investigation; competent Ordinary.

The Functioning of the Organs of Governance in a Missionary and Synodal Church
This article intends to clarify the concept of synodality starting from the final document of the XVI Ordinary General Assembly of the Synod of Bishops, from which a three-fold concept emerges: synodality as an ontological, constitutive dimension of the Church; synodality as a structuring and ecclesial way of proceeding; and synodality as an operational aspect of ecclesial structures in synodal events.

Keywords: synodality; spiritual discernment; ecclesial discernment; structures of participation; transparency.

The Church enjoys an inherent right (ius nativum) to discipline its clergy (can. 1311), and to train and assign them as ministers of the Gospel (can. 232). Recently,  however, many bishops in the USA have entered into agreements (here referred to generally as “memoranda of understanding”) with civil officials limiting the Church’s rights in this regard. This article addresses the questions raised by these accords, including the extent to which civil lawyers counseling dioceses should attend to canon law.
Keywords: memoranda of understanding; ius nativum; clergy discipline; accused clerics; credibly accused; publication of lists of accused clerics; restrictions on ministry; secret archive; remuneration; sustenance.

The Advocate in the Canonical Criminal Trial
The article attempts to identify some peculiarities of the advocate’s role in canonical criminal proceedings, including the prior investigation. He is a guardian of the right of defence, providing expertise on procedural and substantive aspects. He does not per se have to prove the innocence of the accused, but the insufficiency of the accusation. Its necessity and the possibility of self-defence are discussed, as well as the mandate and its possible termination. The defender has duties towards the defendant (even if guilty) and towards the truth: a balance that is not always easy to achieve. Hints on the advocate’s relationship with witnesses (especially with minors) and other professionals acting in the trial.
Keywords: canonical criminal proceedings; right of defence; technical defence and selfdefence; mandate and its termination; relations with witnesses; relations with promoter of justice and judges.