The dignity of the sacrament of penance and its protection in the norms of canon law and in the Polish legal system Cover Image

Godność sakramentu pokuty a jego ochrona w prawie kanonicznym oraz w systemie prawa polskiego
The dignity of the sacrament of penance and its protection in the norms of canon law and in the Polish legal system

Author(s): Karol Adamczewski
Subject(s): Civil Law, Canon Law / Church Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Keywords: the Sacrament of Penance; secrecy/seal of confession; protection of the secrecy of confession; violation of the seal of confession; inadmissibility of evidence relating to the secrecy of confession;

Summary/Abstract: The issue was discussed primarily on the grounds of the legal acts and documents of the Magisterium and the legislation of the Republic of Poland. Additionally, there were presented theological and canonical views, as well as those referring to the doctrine of the Polish law. At first, the theological and canonical aspect of the Sacrament of Penance was presented within the said issue. Then, there were discussed problems relating to the protection of the sanctity of the Sacrament of Penance on the basis of the canon law. With this respect, the essence of the mystery and secrecy of confession was explained in the beginning, then there were shown forms of its infringement. Furthermore, we presented crimes which might be committed in the administration and reception of the Sacrament of Penance and canonical sanctions resulting from such commission. In the context of the presented issue, it was also essential to emphasize the protection of secrecy of confession in the Polish law, particularly on the grounds of the Polish procedural law, mainly with respect to the existing inadmissibility of evidence relating to information received under the seal of confession in the criminal, civil and administrative procedures. The paper also addressed the possibility of taking a legal responsibility before Church Court for violating the seal of confession in the Polish law.

  • Issue Year: 25/2016
  • Issue No: 2
  • Page Range: 7-25
  • Page Count: 19
  • Language: Polish