Judicial power in general and tribunals Art. In each diocese the judge of first instance for causes of nullity of marriage not expressly excepted by law is the Diocesan Bishop, who can exercise judicial power personally or through others, in accordance with the law cf. Nonetheless, it is expedient that, unless special causes demand it, he not do this personally. Therefore all Bishops must establish a diocesan tribunal for their respective dioceses. Several Diocesan Bishops, however, with the approval of the Apostolic See, can by common agreement establish a single tribunal of first instance for their dioceses, in accordance with can. If it is entirely impossible to establish a diocesan or interdiocesan tribunal, a Diocesan Bishop can request from the Apostolic Signatura an extension of competence for another nearby tribunal, with the consent of the Bishop Moderator of that tribunal.
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Judicial power in general and tribunals Art. In each diocese the judge of first instance for causes of nullity of marriage not expressly excepted by law is the Diocesan Bishop, who can exercise judicial power personally or through others, in accordance with the law cf.
Nonetheless, it is expedient that, unless special causes demand it, he not do this personally. Therefore all Bishops must establish a diocesan tribunal for their respective dioceses. Several Diocesan Bishops, however, with the approval of the Apostolic See, can by common agreement establish a single tribunal of first instance for their dioceses, in accordance with can.
If it is entirely impossible to establish a diocesan or interdiocesan tribunal, a Diocesan Bishop can request from the Apostolic Signatura an extension of competence for another nearby tribunal, with the consent of the Bishop Moderator of that tribunal.
The Bishop Moderator is understood to be the Diocesan Bishop in regard to a diocesan tribunal and the designated Bishop, mentioned in art. In regard to tribunals of second instance, without prejudice to art. The Roman Rota is an appeal tribunal of second instance concurrent with the tribunals mentioned in art.
Without prejudice to particular laws issued by the Apostolic See or indults granted by it, the Roman Rota is the only tribunal of third and higher instance cf. Any tribunal has the right to call upon another tribunal for help in instructing a cause or in communicating acts can. If need be, rogatorial letters can be sent to the diocesan bishop so that he can take care of the matter. Causes of the nullity of marriage are reserved to a collegial tribunal of three judges, without prejudice to artt.
The Bishop Moderator can entrust more difficult or more important causes to the judgement of five judges cf. In the first grade of trial, if it happens that a college cannot be formed, the Conference of Bishops, as long as this impossibility persists, can permit a Bishop Moderator to entrust causes to a single clerical judge who, when this can be done, is to employ an assessor and an auditor; to the same single judge, unless it is determined otherwise, pertain those things attributed to a college, praeses or ponens cf.
A tribunal of second instance is formed in the same way as a tribunal of first instance; but for validity that tribunal must always be collegial cf. The judicial power enjoyed by judges or judicial colleges is to be exercised in the manner prescribed by law and it may not be delegated except for the purpose of carrying out acts preparatory to some decree or sentence can. Chapter II The ministers of the tribunal 1. Ministers of justice in general Art. Ministers of a diocesan tribunal are named by the Diocesan Bishop; ministers of an interdiocesan tribunal, unless otherwise expressly determined, are named by the coetus of Bishops or, as the case may be, by the Conference of Bishops.
In an urgent case the ministers of an interdiocesan tribunal may be named by the Bishop Moderator until the coetus or Conference provides. All who make up the tribunal or assist it must take an oath to carry out their function properly and faithfully can. In order to exercise their respective functions properly, judges, defenders of the bond and promoters of justice are to be diligent in continuing to deepen their knowledge of matrimonial and procedural law.
With particular reason it is necessary that they study the jurisprudence of the Roman Rota, since it is responsible to promote the unity of jurisprudence and, through its own sentences, to be of assistance to lower tribunals cf. Pastor bonus , art. The Judicial Vicar, Adjunct Judicial Vicars, other judges, defenders of the bond and promoters of justice are not to exercise the same function or any other of these functions in a stable manner in two tribunals which are connected by reason of appeal.
The same officials are not to exercise simultaneously two functions in a stable manner in the same tribunal, without prejudice to art. It is not permitted for the ministers of the tribunal to exercise, at the same tribunal or at another tribunal connected with it by reason of appeal, the function of advocate or procurator, whether directly or through an intermediate person. Every Diocesan Bishop is bound to appoint for his tribunal one Judicial Vicar or Officialis with the ordinary power of judging; he is to be distinct from the Vicar General, unless the smallness of the diocese or the scarcity of causes suggests otherwise cf.
The Judicial Vicar forms one tribunal with the Bishop, but he cannot judge causes which the Bishop reserves to himself cf. Without prejudice to those things which pertain to himself by right, especially freedom in passing judgement, the Judicial Vicar is bound to render an account concerning the state and activity of the tribunal to the Bishop, who is responsible for monitoring the proper administration of justice.
Without prejudice to their freedom in judging, the Adjunct Judicial Vicars are bound to act under the direction of the Judicial Vicar. Both the Judicial Vicar and the Adjunct Judicial Vicars must be priests or bishops sacerdotes , of unimpaired reputation, having a doctorate or at least a licentiate in canon law, and not less than thirty years of age can.
It is strongly recommended that no one lacking experience of tribunal work be appointed a Judicial Vicar or Adjunct Judicial Vicar. The same officials do not cease from office during the vacancy of the see nor can they be removed by the diocesan administrator; however, when the new Bishop arrives they need confirmation can. Judges are to be appointed for both diocesan and interdiocesan tribunals; they are to be clerics cf. The Conference of Bishops can permit even lay judges to be named; when necessary, one of these can be chosen in order to form a college can.
Judges are to be of unimpaired reputation and to have a doctorate or at least a licentiate in canon law cf. It is also recommended that no one be named a judge who has not already carried out another function in the tribunal for a suitable period of time.
It pertains to a collegial tribunal: 1o to decide the principal cause cf. The collegial tribunal is to be presided over by the Judicial Vicar or Adjunct Judicial Vicar or, if this cannot be done, by a cleric from the college designated by either one of them cf. It pertains to the praeses of the college: 1o to designate the ponens or to replace the ponens with another for a just cause cf. The ponens, or presenter, designated by the praeses from among the judges of the college, is to present the cause in the meeting of the judges, to write down the decision in the form of a response to the proposed doubt, as well as to draw up in writing the sentence and decrees in incidental causes cf.
Once the libellus has been admitted, the powers of the praeses, mentioned in art. For a just cause the praeses can replace the ponens with another cf.
The Judicial Vicar is to assign judges in order by panels to judge each individual cause or, as the case may be, to assign a single judge according to a pre-established order cf. In individual cases the Bishop Moderator can determine otherwise cf. The praeses of the tribunal can designate an auditor to carry out the instruction of the cause, selecting him either from among the judges of the tribunal or from among the persons approved by the Diocesan Bishop for this function cf.
The Diocesan Bishop can approve for his diocese for the function of auditor clerics or laypersons who are outstanding for their upright life, prudence and learning cf. It pertains to the auditor, according to the mandate of the judge, only to collect the proofs and give them to the judge; however, unless the mandate of the judge provides otherwise, he can also decide in the interim what proofs are to be collected and how they are to be collected, if the question should happen to arise while he is carrying out this function cf.
At any point in the trial the auditor can be removed for a just cause by the one who appointed him cf. For all causes of the nullity of marriage, there must be appointed in each diocesan or interdiocesan tribunal at least one defender of the bond and promoter of justice, with due observance of art. However, others may be appointed for individual causes, with due observance of art.
The same person, but not in the same cause, can carry out the office of defender of the bond and promoter of justice cf. The defender of the bond and the promoter of justice can be removed, for a just cause, by those who appointed them cf.
The substitutes are to stand in for those who were originally named whenever the latter are impeded. In causes of the nullity of marriage the presence of the defender of the bond is always required.
The defender must participate from the beginning of the process and during its course, in accordance with the law. In every grade of trial, the defender is bound by the obligation to propose any kind of proofs, responses and exceptions that, without prejudice to the truth of the matter, contribute to the protection of the bond cf.
In causes concerning the incapacities described in can. The defender can never act in favour of the nullity of marriage; if in a special case he has nothing that can be reasonably proposed or argued in favour of the bond, the defender can remit himself to the justice of the court. At the appellate level, after having carefully considered all the acts, even though the defender can refer back to the observations in favour of the bond proposed in the prior instance, he nonetheless must always propose his own observations, especially in regard to a supplementary instruction, if one has been carried out.
The promoter of justice must take part when he challenges a marriage in accordance with art. The promoter of justice, by virtue of a decree issued by the judge, whether ex officio or at the instance of the defender of the bond or a party, must take part when it is a matter of safeguarding a procedural law, especially when the question concerns the nullity of the acts or exceptions.
If in a preceding instance of a principal or incidental cause the promoter of justice took part, his participation is presumed to be necessary in a higher grade of the same cause cf. Unless something else has been expressly provided: 1o whenever the law prescribes that the judge is to hear the parties or one of them, the defender of the bond and the promoter of justice, if he is taking part in the trial, are to be heard as well; 2o whenever a request by a party is required in order for the judge to be able to deliberate on a matter, a request by the defender of the bond or the promoter of justice, if he is taking part in the trial, has the same force cf.
It pertains to the head of the tribunal chancery, who is automatically a notary for tribunal acts, to see that the acts of the tribunal are properly drawn up and sent, according to the mandate of the judge, and are preserved in the archive cf. Therefore, unless otherwise determined, it pertains to this person: to record in the protocol book all the acts which arrive at the tribunal; to note in the protocol book the beginning, the progress and the end of causes; to receive documents exhibited by the parties; to send citations and letters; to see to the preparation of the summaria of processes and their distribution to the judges; to safeguard the acts of each cause; to send an authenticated copy of the acts to the tribunal of appeal if an appeal is filed or ex officio; to keep the original copy of acts and documents in the archive; to authenticate a copy of any act or document at the legitimate request of an interested party; finally, to return documents in accordance with art.
The head of the chancery is to abstain carefully from any kind of intervention in a cause apart from those things which pertain to his function. If the head of the chancery is absent or impeded, another notary for judicial acts is to take care of all these matters.
A notary must take part in every process, so that acts acta which have not been signed by the same are null cf. Acts which notaries draw up in the exercise of their function, having observed the formalities required by law, warrant public trust cf.
A notary can be given a substitute to stand in for him when the notary is impeded; this appointment is to be made by a decree to be mentioned in the acts. For a just reason, a substitute can be named ad actum by the judge or his delegate or the auditor, especially when a party or a witness is to be questioned outside the seat of the tribunal. A judge, before he accepts a cause and whenever he perceives the hope of a good outcome, is to employ pastoral means to convince the spouses, if this can be done, to conval- idate the marriage and reestablish conjugal life can.
If this cannot be done, the judge is to urge the spouses to work together sincerely, putting aside any personal desire and living the truth in charity, in order to arrive at the objective truth, as the very nature of a marriage cause demands. If, however, the judge observes that the spouses are affected by a spirit of mutual animosity, he is to urge them strongly to observe mutual courtesy, graciousness, and charity within the process, avoiding any hostility. One who has taken part in a cause as a judge cannot afterwards in another instance validly decide the same cause as a judge or carry out the function of assessor cf.
One who has taken part in a cause as a defender of the bond, promoter of justice, procurator, advocate, witness or expert cannot in the same or another instance validly decide the same cause as a judge or carry out the function of assessor cf.
A judge is not to take up a cause in which he has some interest by reason of consanguinity or affinity in any degree in the direct line and up to the fourth degree in a collateral line, or by reason of guardianship or tutelage, close personal relationship, great hostility, gain to be made or damage to be avoided, or in which any other sort of founded suspicion of favoritism could fall upon him cf.
In the same circumstances the defender of the bond, promoter of justice, assessor and auditor, and the other ministers of the tribunal must abstain from exercising their office cf. In those cases mentioned in art. The Judicial Vicar hears an objection exceptio against a judge; if the objection is against himself, the Bishop Moderator is to deal with the matter cf.
If the Bishop is the judge and the objection is filed against him, he is to abstain from judging cf. If the objection is filed against the defender of the bond, the promoter of justice or other ministers of the tribunal, the question is heard by the praeses in a collegial court or by the judge himself, if he is a single judge cf. Without prejudice to art. If the objection is admitted, the persons must be changed, but not the grade of the trial can. If the tribunal cannot take the cause due to a lack of other ministers and there is no other competent tribunal, the matter is to be deferred to the Apostolic Signatura so that it may designate another tribunal to handle the cause.
The question of an objection is to be decided expeditissime, after the parties have been heard, as well as the defender of the bond and the promoter of justice, if taking part in the process, unless they themselves have been recused cf. Acts placed by the judge before an objection was made against him are valid; those taken after an objection was filed must be rescinded if a party so requests within ten days of the admission of the objection cf.
Once a cause of the nullity of marriage has been legitimately introduced, the judge can and must proceed not only at the request of the parties but even ex officio cf. Judges and other ministers of the tribunal and assistants are bound to keep the secret of office cf. Judges are bound in a special way to maintain secrecy concerning the discussion among themselves prior to issuing a sentence, as well as concerning the various votes and opinions expressed therein, without prejudice to art.
Whenever the nature of the cause or of the proofs is such that from the divulgation of the acts and proofs the reputation of others could suffer, an occasion could be given for disagreements, or a scandal or other inconveniences of this type could arise, the judge can bind the witnesses, experts, parties and their advocates or procurators to secrecy by a special oath or, as the case may be, at least a promise, without prejudice to artt.
Judges and other ministers of the tribunal who commit an offense against the office entrusted to them are to be punished in accordance with the law cf. When the correct administration of justice is impeded because of negligence, incompetence or abuses, the Bishop Moderator or the coetus of Bishops is to address the matter by apt means, not excluding removal from office, as the case may require.
Whoever illegitimately causes harm to another by a juridic act, indeed by any other act placed maliciously or negligently, is bound by the obligation to repair the damage can. Chapter II The order of proceeding Art. Causes are to be judged in the order in which they were presented and inscribed in the case register cf.
INSTRUKCJA DIGNITAS CONNUBII PDF
Zulkree Advances in technology have now made it possible connuibi procreate apart from sexual relations through the meeting in vitro of the germ-cells previously taken from the man and the woman. The aims pursued are of various kinds: Medicine which seeks to be ordered to the integral good of the person must respect the specifically human values of sexuality. Methods of observation or experimentation which damage or impose grave and disproportionate risks upon embryos obtained in vitro are morally illicit for the same reasons. Unknown error No, for the same reasons which lead one to reject heterologous artificial fertilization: Applied biology and medicine work together for the integral good of human life when they come to the aid dinitas a person stricken by illness and infirmity and when they respect his or her dignity as a creature of God.