The obligation of making a delict denunciation in the law and practice of the Church Cover Image

Obowiązek powiadomienia o przestępstwie w prawie i praktyce Kościoła
The obligation of making a delict denunciation in the law and practice of the Church

Author(s): Dariusz Borek
Subject(s): Criminal Law, Canon Law / Church Law
Published by: Wydawnictwo Naukowe Uniwersytetu Papieskiego Jana Pawła II w Krakowie
Keywords: delict; penal canon law; penal canon process; penal responsibility; denunciation of the delict; obligation to denounce; canon obligation; liturgical and moral abuse; impediments to marriage;

Summary/Abstract: The present article focuses on the obligation of making a delict denunciation in the law and practice of the Church. The particular attention is paid to finding an answer to the question whether the current Church law still encompasses the obligation to denounce any suspicion of committing a delict and of any disciplinary, liturgical and moral abuse (not only paedophilia). Thus the following issues are mentioned: a denunciation according to the Canon Law Code of 1983, a denunciation according to the latest canon regulations, and a state obligation of denunciation. The analysis suggests that the Church is trying to adapt its regulations to the challenges of the modern world. It is particularly seen in the field of delicts against minors and their equals. The introduction of both state and Church obligation of making a denunciation should be highly evaluated here. However, it must be noticed that there are some shortcomings of the canon obligation as it does not determine any sanctions (criminal or/and administrative) in case of default on the denunciation obligation. It should be clearly stated that denunciation itself should be considered as a sign of conscious co-responsibility for the common good and the ultimate goal, which is salus animarum of each man, the perpetrator included. The introduction of a canon obligation to make a denunciation is only a fulfilment and clarification of the modus procedendi established by Jesus Christ (Mathew 18:15–17).

  • Issue Year: 18/2022
  • Issue No: 1
  • Page Range: 5-48
  • Page Count: 44
  • Language: Polish