Breaking News! New penal laws come into effect TODAY, DEC. 8

THE REVISED PENAL LAWS OF THE LATIN CHURCH COME INTO FORCE

By Fr. Michael BANJO

With the Apostolic Constitution, Pascite Gregem Dei meaning, “Tend the flock of God” (cf. 1 Pet 5:2), dated May 23, 2021, the solemnity of Pentecost, the Holy Father, Pope Francis, promulgated the long-awaited reformed penal laws of the Church, contained in Book VI of the 1983 Code of Canon Law. This promulgation brought to an end a work of revision which began 14 years ago. These revised laws come into effect today, December 8, 2021, the solemnity of the immaculate conception, the same day the Church marks the end of the Year of Saint Joseph. This means that, henceforth, members of Christ’s faithful shall be bound by the prescriptions of these revised penal sanctions and no more by the penal laws that were promulgated in 1983. The 1983 penal provisions are now abrogated.

In the decree by which the referenced revised laws were promulgated, the Holy Father, Pope Francis, underlined the centrality of the Bishop or Major Superior in ensuring that the penal laws of the Church are enforced while having in mind the non-negotiable relationship that exists

between charity and the application of penalties. Penalties in the Church are never imposed as an end in themselves but as a means of seeking the good of the erring person. Sanctions are, therefore, an instrument of pastoral charity. As expressed in canon 1311 § 2, the purpose of penal law is the restoration of justice, the reform of the offender, and the repair of scandal.

With the revision, some new types of crimes and their penalties have been introduced in the code of canon law. Such include, but not limited, to the idea of grooming of minors in relation to pornography, the intentionally inducing of a state of drunkenness or other mental disturbance so as to commit an offence, and the violation of the pontifical secret. Some offences have also been introduced in the area of the exercise of duties such as stealing and being negligent in the administration of ecclesiastical goods. The revision also brought in some crimes against the sacraments. These are but a very few of the many specific changes.

In general, the revised texts have been improved upon from a technical point of view, especially with regards to fundamental issues of criminal law, such as the right of defence, the prescription of criminal and penal action, and a more precise determination of penalties for given offences.

Having had a period of vacatio legis (period between promulgation and the coming into effect of a law) of over 6 months, instead of the normal 3 months for universal laws (cf. canon 8 §1), it is expected that Catholics all over the world are now familiar with the content of these revised laws.

Fr. Michael BANJO is the Director of Pastoral Affairs and the Deputy Secretary General of the Catholic Secretariat of Nigeria.