Primacy of Justice in the Revised Penal Sanctions in the Church

Abstract

This article delves into the revised Book VI of the CIC 1983 and the pertinent penal canons of the CCEO, with a particular focus on the highlighted primacy of justice within the Church’s updated penal system. In light of Pope Francis’ documents, Pascite gregem Dei and Vocare peccatores, the revision emphasizes the obligation of Church leaders to uphold justice, prioritizing it in the implementation of penal sanctions. This transformation is reflected in the reordering of the threefold purposes of penalties: the restoration of justice, the reformation of the offender, and the reparation of scandal, with justice taking precedence. The article examines how this revision marks a shift from discretionary to mandatory penalties, from indeterminate to determinate penalties, and restricts the application of latae sententiae excommunications—efforts aimed at ensuring that justice is upheld. It elucidates how the revised penal system within the Catholic Church restores justice through revised Censure, Expiatory Penalties, and Penal Remedies, while also highlighting amendments in the canons concerning prescription. Additionally, the article explores the vital importance of a fair process and the right of defence for the accused, emphasizing that justice must be harmonized with mercy and pastoral charity, ultimately seeking the salvation of souls.