Canonical admonitions are a preliminary means used by the Roman Catholic Church towards a suspected person, as a preventive of harm or a remedy of evil.
The 1880 instruction, by direction of Pope Leo XIII, from the Congregation of Bishops and Regulars to the bishops of Italy, gave them the privilege to use a summary procedure in trials of the clergy for criminal or disciplinary transgressions. Article IV decrees: "Among the preservative measures are chiefly to be reckoned the spiritual retreat, admonitions, and injunctions." Article VI: "The canonical admonitions may be made in a paternal and private manner (even by letter or by an intermediary person), or in legal form, but always in such a way that proof of their having been made shall remain on record."
Pope Leo XIII was head of the Catholic Church from 20 February 1878 to his death. He was the oldest pope, and had the third-longest confirmed pontificate, behind that of Pius IX and John Paul II.
A bishop is an ordained, consecrated, or appointed member of the Christian clergy who is generally entrusted with a position of authority and oversight.
Italy, officially the Italian Republic, is a country in Southern and Western Europe. Located in the middle of the Mediterranean Sea, Italy shares open land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates San Marino and Vatican City. Italy covers an area of 301,340 km2 (116,350 sq mi) and has a largely temperate seasonal and Mediterranean climate. With around 61 million inhabitants, it is the fourth-most populous EU member state and the most populous country in Southern Europe.
These admonitions are to be founded upon a suspicion of guilt that is excited by public rumor and investigated by a proper authority, with the result establishing a reasonable basis for the suspicion. If little foundation for the suspicion is discovered, the superior should not even admonish the person, unless the suspected person has given, on previous occasions, serious motive for faultfinding.
Admonitions may be either paternal or legal (canonical). If the grounds are such as to produce a serious likelihood, or half-proof, they will suffice for a paternal admonition, which is administered after the following steps:
Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
Half-proof(semiplena probatio) was a concept of medieval Roman law, describing a level of evidence between mere suspicion and the full proof needed to convict someone of a crime. The concept was introduced by the Glossators of the 1190s such as Azo, who gives such examples as a single witness or private documents.
Thus the way is paved for the above-mentioned canonical or legal admonition. The assumed half-proof is strengthened, first, by the contumacy of the suspect; secondly, by his confession of the charge in question. An accusation issuing from a reliable person, or a prevalent evil reputation of the suspect, may substitute for the defect of proof needed for indictment.
For the paternal admonition it is enough that this evil reputation should be spread among less responsible persons, but for the legal admonition the evil reputation should emanate from serious and reliable persons. The legal admonition is to a great extent akin to the summons to judgment.
If there is any urgency in the case, one peremptory summons, declaring it to take the place of the three, will suffice. The prelate may still feel that he has not enough evidence to prove the delinquency. He may allow the suspect to purge himself of the suspicion or accusation by his oath and the attestation of two or more reliable persons that they are persuaded of his innocence and that they trust his word. If he cannot find such vouchers for his innocence, and yet there be no strictly legal proof of his guilt (though there are grave reasons for suspicion), the prelate may follow the legal admonition by a special precept or command, according to the character of the suspected delinquency.
The infringement of this precept will entail the right to inflict the penalty which should be mentioned at the time the command is given. This must be done by the prelate or his delegate in a formal legal way before two witnesses and the notary of his curia, be signed by them, and by the suspect if he so desires. The paternal admonition is to be kept secret; the legal admonition is a recognized part of the "acts" for future procedure.
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.
The Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States and designed to serve the Roman Catholic Church. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index volume in 1914 and later supplementary volumes. It was designed "to give its readers full and authoritative information on the entire cycle of Catholic interests, action and doctrine".
In the common law, the peremptory pleas are defensive pleas that set out special reasons for which a trial cannot proceed; they serve to bar the case entirely. Pleas in bar may be used in civil or criminal cases; they address the substantial merits of the case.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
The burden of proof is the obligation of a party in a trial to produce the evidence that will prove the claims they have made against the other party. In a legal dispute, one party is initially presumed to be correct and gets the benefit of the doubt, while the other side bears the burden of proof. When a party bearing the burden of proof meets its burden, the burden of proof switches to the other side. Burdens may be of different kinds for each party, in different phases of litigation. The burden of production is a minimal burden to produce at least enough evidence for the trier of fact to consider a disputed claim. After litigants have met the burden of production and their claim is being considered by a trier of fact, they have the burden of persuasion, that enough evidence has been presented to persuade the trier of fact that their side is correct. There are different standards of persuasiveness ranging from a preponderance of the evidence, where there is just enough evidence to tip the balance, to proof beyond a reasonable doubt, as in United States criminal courts.
In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. It is also the standard by which grand juries issue criminal indictments. The principle behind the standard is to limit the power of authorities to perform random or abusive searches, and to promote lawful evidence gathering and procedural form during criminal arrest and prosecution. The standard also applies to personal or property searches.
An arrest is the act of apprehending a person and taking them into custody, usually because they have been suspected of committing or planning a crime. After the person is taken into custody, they can be questioned further and/or charged. An arrest is a procedure in a criminal justice system.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
A summons is a legal document issued by a court or by an administrative agency of government for various purposes.
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.
The presumption of innocence is the legal principle that one is considered innocent unless proven guilty. It was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat.
The concept of justifiable homicide in criminal law stands on the dividing line between an excuse, a justification, and an exculpation. In certain circumstances, homicide is justified when it prevents greater harm to innocents. A homicide can only be justified if there is sufficient evidence to prove that it was reasonable to believe that the offending party posed an imminent threat to the life or well-being of another, in self-defense. A homicide in this instance is blameless and distinct from the less stringent criteria authorizing deadly force in stand your ground rulings.
Infamy, in common usage, is the notoriety gained from a negative incident or reputation. The word stems from the Latin infamia, antonym of fama.
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, e.g. as "a statement admitting or acknowledging all facts necessary for conviction of a crime," which would be distinct from a mere admission of certain facts that, if true, would still not, by themselves, satisfy all the elements of the offense. The equivalent in civil cases is a statement against interest.
A canonical visitation is the act of an ecclesiastical superior who in the discharge of his office visits persons or places with a view to maintaining faith and discipline, and of correcting abuses. A person delegated to carry out such a visitation is called a visitor. When, in exceptional circumstances, the Holy See delegates an Apostolic visitor "to evaluate an ecclesiastical institute such as a seminary, diocese, or religious institute ... to assist the institute in question to improve the way in which it carries out its function in the life of the Church," this is known as an apostolic visitation.
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:
The right to silence in England and Wales is the protection given to a person during criminal proceedings from adverse consequences of remaining silent. It is sometimes referred to as the privilege against self-incrimination. It is used on any occasion when it is considered the person(s) being spoken to is under suspicion of potential criminal proceedings.
The Italian Code of Criminal Procedure contains the rules governing criminal procedure in every court in Italy. The Italian legal order adopted four codes since the Italian Unification. After the first two codes, in 1865 and 1913, the Fascist Government established in 1930 a new code adopting an inquisitorial system. In 1988 the Italian Republic adopted a new code, that could be considered to be somewhere in between the inquisitorial system and the adversarial system.
The Code of Criminal Procedure is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the church on a baptized, delinquent, and contumacious person, by which he is deprived, either wholly of in part, of the use of certain spiritual goods, until he recover from his contumacy.