Latae Sententiae Excommunication for priests
#11
(09-16-2015, 11:51 AM)SaintSebastian Wrote: Would this canon apply (specifically the last part)?

Can. 194 §1. The following are removed from an ecclesiastical office by the law itself:

1/ a person who has lost the clerical state;

2/ a person who has publicly defected from the Catholic faith or from the communion of the Church;

3/ a cleric who has attempted marriage even if only civilly.

§2. The removal mentioned in nn. 2 and 3 can be enforced only if it is established by the declaration of a competent authority.

I would say it definitely does apply.
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#12
Canon lawyer Ed Peters revisits this subject again in the wake of the Daneels controversy :

"But that same cursory glance at Canon 1331 will not show (unless one is trained in canon law) that most consequences of excommunication become relevant in the external forum only if the excommunication is “imposed or declared”. That short, technical phrase means that, while one who is “automatically” excommunicated labors under the personal burdens of this sanction, it is only when an excommunication is “formal” that actions performed by canonical criminals raise questions for Church life and governance.

The canonically untutored do not (and should not be expected to) understand that the consequences of excommunication for public Church life differ dramatically based on whether the excommunication is “automatic” or “formal”, that most of the ‘bite’ that people attribute to excommunication (like not being able to function in Church offices) comes only with formal excommunication, and that formal excommunication has practically disappeared from modern Church life because (1) a host of canonical defenses unnecessarily burdens prosecution of excommunicable crimes, and (2) ecclesiastical authority apparently feels that, as long as latae sententiae excommunication is on the books (and most folks think it does what “excommunication” does anyway) why bother with a complex, portentous process for turning an automatic excommunication into a formal one? Whatever the reasons, Roman prosecutions of “formal” excommunication cases are rare; those involving prelates are very rare; those involving cardinals are essentially unheard of."

https://canonlawblog.wordpress.com/2015/...hurch-law/

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