Dismissal from the Clerical State According to the Normative of the Code of the Canon Law of 1983

The article provides an analysis of the existing possibilities of application of the penalty of dismissal from the clerical state according the normative of the Latin Code of the Canon Law of 1983. After a short presentation of the concept of the clerical state itself and of the modes of its loss it describes accurately the position of this penalty in the system of Church penalties. It offers through an analysis of the substantial and procedural normative of the Code of Canon Law and the Code of the Eastern Churches, the ordinary means of application of this penalty and the difficulties connected with it as well. Furthermore, it makes mention of the practical pitfalls of the application through ordinary means, following with an extremely strong emphasis on the defense of the accused, for an appropriate defense of the victims of the crimes, for debarring of scandal, for ensurance and enhancement of ecclesiastical discipline and for protection of the dignity of the sacramental ministry itself as well. In conclusion, it points out the urgent necessity for legislative emendations of legislative outside of the codes of Canon law, as well as for revision of the legislative of the Latin code itself.

Keywords: Catholic Church; Canon law; Clergy; Clerical state; Dispensation; Celibate; Penalties in the Church