PERIODICA RE CANONICA - FIRST ISSUE 2023

 

Issue 112/3 (2023) of the magazine Periodica de re canonica, quarterly published by the Faculty of Canon Law of the Pontifical Gregorian University, is now available.

STUDIA

G. Paolo Montini, The Sentence of Absolution in the Criminal Process, 349-393

Sommario: Number 84 of the Vademecum on Certain Points of Procedure in Treating Cases of Sexual Abuse of Minors Committed by Clerics provides for three types of definitive penal sentences. This appears to be in contrast with can. 1608, which would seem to provide for only two types of sentences: “constat” and “non constat”. This article answers the question of whether the aforementioned practice of the Dicastery for the Doctrine of the Faith can be applied in common penal law, i.e. in criminal proceedings in cases not reserved to the competence of that Dicastery. The conclusion is negative, both due to the presumption of innocence of the accused as well as due to the structure of the canonical process as regulated in the current Code.

Parole chiave: criminal process; moral certitude; acquittal sentence; acquittal for lack of evidence.

 

Davide Salvatori, Immaturity or noögenic neurosis. Presentation of a new jurisprudential current of the Rota Romana, 395-430

Sommario: In this article are analysed two recent sentences of the Apostolic Tribunal of the Rota Romana which have introduced a new concept into jurisprudence, noögenic immaturity or noögenic neurosis. This is the beginning of a new jurisprudential development, and we will see in the coming years what course it will take, whether it will be accepted or rejected.

Parole chiave: immaturity; affective immaturity; psychoaffective immaturity; noögenic immaturity; noögenic neurosis; rotal jurisprudence.

 

Armand Paul Bosso, Particular Churches in the System of Decentralisation, 431-478

Sommario: With the Praedicate evangelium decentralization becomes a matter on which canonical reflection is urgently needed. Infact, it raises numerous questions in the relations between the central government of the Church and the particular Churches. Between the understanding of autonomy and the protection of the unity of the universal Church, decentralization stands as a delicate system in its operation to prevent the plurality of socio-cultural contexts from creating divisions.

Parole chiave: decentralization; particular Church; unity of the universal Church.

 

NOTAE

Emanuele Spedicato, The Regulation of the Postulators. A commentary, 479-513

Sommario: The article aims to give the reader a general overview of the Regulations for Postulators, published by the Congregation for the Causes of Saints in October 2021. A unique document of its kind, it presents evident innovations, including a limitation in the number of causes to be taken up in the Roman phase and the stipulation of incompatibility with certain other subjects. General commentary notes are followed by insights into some particular points highlighted by the same document.

Parole chiave: Regulation of the Postulators; rights and duties of the postulator; Dicastery for the Causes of Saints.