PRELIMINARY INVESTIGATION AND THE APPLICATION OF CCEO c. 1473 (CIC c. 1722)

A REFLECTION IN THE LIGHT OF VADEMECUM (2020)

Abstract

Preliminary investigation is a prerequisite for the development of a penal trial to find the credibility of the alleged delict. The proper Hierarch is empowered to initiate a preliminary investigation and to impose an administrative leave on the accused from the outset of the investigation. Although administrative leave is not a penalty, it restricts the exercise of the accused’s right. The Vademecum-2020 establishes that the “administrative leave” at the investigation should not be a ‘suspension’ but only a ‘prohibition.’