Penalties Big 17 Definitions

Question 1

Censure

Answer 1

A penalty which deprives the baptized and contumacious delinquent of some spiritual good or something connected to spiritual goods until he withdraws from contumacy. There are 3: excommunication, interdict, and suspension.

Question 2

Aggravating Circumstances

Answer 2

circumstances of a delict which show a greater degree of imputability and so call for a greater penalty. They are: recidivism, abuse of dignity or office, neglect with foresight and unreasonable omission.

Question 3

Attenuating Circumstances

Answer 3

circumstances of a delict which do not completely exempt the delinquent from a penalty, but which require that the penalty be reduced or a penance given in its place.

Question 4

Exempting Circumstances

Answer 4

circumstances of an act that remove its imputability or which, by the decision of the legislator, make it non-punishable. When there really is no delict by lack of imputability, rather than a simple choice not to punish, these are improper.

Question 5

Culpa

Answer 5

the omission of due diligence. (Either in foreseeing and avoiding the harmful effect of one’s actions, or violating a law of which one is blame worthily ignorant that the law exists or of its content, so that one believes erroneously and illegitimately that one is acting lawfully.)

Question 6

Delict

Answer 6

A grave external violation of an ecclesial law, morally imputable by reason of malice or neglect, for which the penal law of the church foresees at least an indeterminate penalty.

Question 7

Dolus

Answer 7

The deliberate violation of a law or penal precept. (Needs knowledge in intellect and freedom in will)

Question 8

Excommunication

Answer 8

the most grave penalty that excludes the delinquent from the communion of the faithful and deprives him of all rights and benefits deriving from belonging to the Church, in particular that of administering and receiving the sacraments. It is exclusion from the communion of the Church and of the faithful

Question 9

Interdict

Answer 9

a censure which prohibits the faithful from the use of sacred things, even though they do not lose their communion with the Church

Question 10

Suspension

Answer 10

the censure which forbids a cleric to use some or all of the powers of holy orders, the power of governance, or the powers derived from a munus or office. Makes his acts illicit, not invalid

Question 11

Imputability

Answer 11

The quality of an action in virtue of which the action can be referred to the free and conscious will of the acting subject. Three levels: physical, moral, juridical, which correspond to “Did he do it? Did he want to do it? Did he know he was a delict (or unlawful, depending on your theory)?”

Question 12

Penal Norm

Answer 12

a command or prohibition by a superior with legislative power to which some indeterminate or determinate penalty is attached in case of violation.

Question 13

Penalty

Answer 13

the deprivation of some good, inflicted by the competent authority, directed toward the correction of the delinquent and the punishment of the delict.

Question 14

Punishability

Answer 14

The concrete application or non-application of a penalty. Three elements: Objective—external violation has been committed. Subjective—did it by malice or negligence (recall 1341). Legal elements present in act—penal sanction attached.

Question 15

Penal remedy

Answer 15

Admonition and correction. They are esp. used to prevent delicts.

Question 16

Expiatory penalty

Answer 16

The deprivation of some temporal or spiritual good which tends to the expiation of delicts and which do not cease with the delinquent withdrawing from contumacy. They can be perpetual, for a determined time, or for an undetermined time. (In CIC17, called vindictive.)

Question 17

Contumacy

Answer 17

perseverance in evil.