Code Of Canon Law (1983)
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The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
. The 1983 ''Code of Canon Law'' was
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law i ...
on 25 January 1983 by
John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
Sacrae Disciplinae Leges
accessed Jan-11-2013
and took legal effect on the First Sunday of Advent (27 November) 1983. It replaced the 1917 ''Code of Canon Law'' which had been promulgated by
Benedict XV Pope Benedict XV (; ; born Giacomo Paolo Giovanni Battista della Chiesa, ; 21 November 1854 – 22 January 1922) was head of the Catholic Church from 1914 until his death in January 1922. His pontificate was largely overshadowed by World War I a ...
on 27 May 1917. According to canon 6, the 1983 code of canon law abrogates the 1917 code of canon law and any penal laws made under it that are not contained in the 1983 code. The 1983 ''Code of Canon Law'' is composed of laws called canons.


History


Background

The current Code of Canon Law is the second comprehensive codification of the non-liturgical laws of the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
, replacing the Pio-Benedictine code which had been promulgated by
Benedict XV Pope Benedict XV (; ; born Giacomo Paolo Giovanni Battista della Chiesa, ; 21 November 1854 – 22 January 1922) was head of the Catholic Church from 1914 until his death in January 1922. His pontificate was largely overshadowed by World War I a ...
in 1917.
Pope John XXIII Pope John XXIII (born Angelo Giuseppe Roncalli; 25 November 18813 June 1963) was head of the Catholic Church and sovereign of the Vatican City State from 28 October 1958 until his death on 3 June 1963. He is the most recent pope to take ...
, when proclaiming a new
ecumenical council An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote are ...
for the Catholic Church, also announced the intention of revising the 1917 CIC.


Work

The ''Pontificia Commissio Codici iuris canonici recognoscendo'', which had been established in 1963, worked on revising the 1917 ''Code of Canon Law'' through the pontificate of
Paul VI Pope Paul VI (born Giovanni Battista Enrico Antonio Maria Montini; 26 September 18976 August 1978) was head of the Catholic Church and sovereign of the Vatican City State from 21 June 1963 until his death on 6 August 1978. Succeeding John XXII ...
, completing the work in the first years of the pontificate of
John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
.


''Sacræ disciplinæ leges''

On 25 January 1983, with the
apostolic constitution An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
''Sacrae disciplinae leges'', John Paul II
promulgated Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect. After a new law i ...
the 1983 ''Code of Canon Law'' for all members of the Catholic Church who belonged to the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
. It entered into force the first Sunday of the following
Advent Advent is a season observed in most Christian denominations as a time of waiting and preparation for both the celebration of Jesus's birth at Christmas and the return of Christ at the Second Coming. It begins on the fourth Sunday before Chri ...
, which was 27 November 1983. In an address given on 21 November 1983 to the participants in a course at the Gregorian University in Rome on the new ''Code of Canon Law'', the Pope described the new code as "the last document of
Vatican II The Second Ecumenical Council of the Vatican, commonly known as the or , was the 21st and most recent Catholic ecumenical councils, ecumenical council of the Catholic Church. The council met each autumn from 1962 to 1965 in St. Peter's Basilic ...
".


Official language

While there have been many vernacular translations of the 1983 ''Code'', only the original
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
text has the force of law.


Ecclesiological inspiration of the 1983 code

The Vatican II decree '' Optatam totius'' (no. 16), in view of the decision to reform the existing Code, laid down that "the teaching of Canon law should take into account the mystery of the Church, according to the dogmatic constitution '' De Ecclesia''". The 1917 Pio-Benedictine Code was in fact structured according to the
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
division of "norms, persons, things, procedures, penalties".
John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
described the ecclesiological inspiration of the 1983 ''Code'' in this way: Thus the 1983 ''Code'' is configured, as far as possible, according to the "mystery of the Church", the most significant books – Two, Three and Four – corresponding to the ''munus regendi'', the ''munus sanctificandi'', and the ''munus docendi'' (the "missions" of governance, of worship/sanctification, and of teaching) which in turn derive from the kingly, the priestly and the prophetic roles or functions of
Christ Jesus ( AD 30 or 33), also referred to as Jesus Christ, Jesus of Nazareth, and many other names and titles, was a 1st-century Jewish preacher and religious leader. He is the Jesus in Christianity, central figure of Christianity, the M ...
.


Structure in detail

The 1983 ''Code of Canon Law'' contains 1752 canons, or laws, most subdivided into paragraphs (indicated by "§") and/or numbers (indicated by "°"). Hence a citation of the Code would be written as Can. (or Canon) 934, §2, 1°.


Subdivisions

The ''Code'' is organized into seven Books, which are further divided into Part, Section, Title, Chapter and Article. Not every book contains all five subdivisions. Organized hierarchically, the subdivisions are *Book (Bk.) **Part (Pt.) ***Section (Sec.) ****Title (Tl.) *****Chapter (Ch.) ******Article (Art.) Most of the Code does not utilize all these subdivisions but one example is *"Book II. The People of God; **Part II. The Hierarchical Constitution of the Church; ***Section II. Particular Churches and Their Groupings; ****Title III. The Internal Ordering of Particular Churches; *****Chapter II. The Diocesan Curia; ******Article II. The Chancellor, other Notaries and the Archives." The basic unit of the Code is the
canon Canon or Canons may refer to: Arts and entertainment * Canon (fiction), the material accepted as officially written by an author or an ascribed author * Literary canon, an accepted body of works considered as high culture ** Western canon, th ...
. Its subdivisions appear as *Canon (Can.) **Paragraph (§, e.g. §2) ***Number (°, e.g. 3°) Some canons contain "numbers" without "paragraphs", while most canons contain "paragraphs", and most "paragraphs" do not contain "numbers".


Outline

This is the outline of the seven books of the 1983 Code of Canon Law. * Book I. General Norms (Cann. 1–203) : Explains the general application of laws * Book II. The People of God (Cann. 204–746) : Goes into the rights and obligations of laypeople and clergy, and outlines the hierarchical organization of the Church * Book III. The Teaching Function of the Church (Cann. 747–833) : Christian ministry, missionary activity, education, and social communication * Book IV. The Sanctifying Function of the Church (Cann. 834–1253) : Sacraments and other acts of worship; places of worship; feast-days and fast-days * Book V. the Temporal Goods of the Church (Cann. 1254–1310) : Ownership, contracts, and wills; akin to the civil Business Law * Book VI. Sanctions in the Church (Cann. 1311–1399) : Crimes and punishment * Book VII Processes (Cann. 1400–1752) : Procedural law; trials and tribunals; special processes; penal procedures; administrative procedures


Summary


Book I. General Norms (Cann. 1–203)

This part of the Codex contains the general rules concerning *legal sources * physical and juridic persons *governance and offices *the computation of time Legal sources are laws (including
custom Custom, customary, or consuetudinary may refer to: Traditions, laws, and religion * Convention (norm), a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom * Mores, what is wid ...
as a special way of legislation because of the need of the approval of the legislator), which contain universal regulations, general decrees (legislative or executory), instructions and statutes which refer to a special group, and in case of statutes are legislated by this group itself, and administrative acts, which only decide single cases. Persons are physical persons or juridic persons. Not everyone is considered a "physical person" according to the definition of the 1983 Code, because one is constituted a person with consequent duties and rights only by
baptism Baptism (from ) is a Christians, Christian sacrament of initiation almost invariably with the use of water. It may be performed by aspersion, sprinkling or affusion, pouring water on the head, or by immersion baptism, immersing in water eit ...
. The Codex specifies conditions for the validity of a juridical act, especially in relation to form, coercion, misapprehension and lack of participation. Legal power is divided into the three authorities of legislative, executive and judicial. The ability to conduct juridical acts can be attached to an office or it can be delegated to a person. Appointment and loss of ecclesiastical office are regulated. Time regulates prescription, which goes along with the national regulations, but can only be achieved in good faith, and definitions of time.


Book II. The People of God (Cann. 204–746)

Book two describes the "People of God". It discusses the general rights and obligations of members of the church, and then discusses the ordering of the church, from the
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
to the local parish. The hierarchical constitution of religious and secular institutes and societies of apostolic life is shown to a degree adequate to explain the scope of applicability of the regulations of part two. A
religious institute In the Catholic Church, a religious institute is "a society in which members, according to proper law, pronounce public religious vows, vows, either perpetual or temporary which are to be renewed, however, when the period of time has elapsed, a ...
is a society in which members, according to proper law, pronounce public vows. This book is divided into three parts: *The Christian faithful *The hierarchical constitution of the church *
Institutes of consecrated life An institute of consecrated life is an association of faithful in the Catholic Church canonically erected by competent church authorities to enable men or women who publicly profess the evangelical counsels by religious vows or other sacred bon ...
and
societies of apostolic life A society of apostolic life is a group of men or women within the Catholic Church who have come together for a specific purpose and live fraternally. It is regarded as a form of Consecrated life, consecrated (or "religious") life. This typ ...
. The Christian faithful shows the obligations of the faithful in common, those of the lay and those of the sacred ministers or clerics with special consideration of the formation and
incardination and excardination Incardination is the formal term in the Catholic Church for a clergyman being under a bishop or other ecclesiastical superior. It is also sometimes used to refer to laity who may transfer to another part of the church. Examples include transfers ...
of clerics and
personal prelature A personal prelature is an institution of the Catholic Church which comprises clergy, and optionally laity, under the jurisdiction of a prelate, which undertakes specific pastoral activities. Along with dioceses, and later military ordinariates, ...
s. Furthermore, the
associations of the Christian faithful In the Catholic Church, an association of the Christian faithful or simply association of the faithful (), sometimes called a public association of the faithful, is a group of baptized persons, clerics or laity or both together, who, according to ...
especially their recognition as a juridic person are constituted, divided in public, private associations and those of the lay. Part II is entitled, "The Hierarchical Constitution of the Church". This part describes the composition, rights and obligations of the Supreme Authority of the Church, consisting of the
Roman Pontiff Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...
, the
College of Bishops College of Bishops, also known as the Ordo of Bishops, is a term used in the Catholic Church to denote the collection of those bishops who are in communion with the Pope. Under Canon Law, a college is a collection (Latin collegium) of persons ...
, the Synod of Bishops, the
College of Cardinals The College of Cardinals (), also called the Sacred College of Cardinals, is the body of all cardinals of the Catholic Church. there are cardinals, of whom are eligible to vote in a conclave to elect a new pope. Appointed by the pope, ...
, the
Roman Curia The Roman Curia () comprises the administrative institutions of the Holy See and the central body through which the affairs of the Catholic Church are conducted. The Roman Curia is the institution of which the Roman Pontiff ordinarily makes use ...
and the
Papal legate 300px, A woodcut showing Henry II of England greeting the Pope's legate. A papal legate or apostolic legate (from the ancient Roman title '' legatus'') is a personal representative of the Pope to foreign nations, to some other part of the Catho ...
s. A secular institute is an institute of consecrated life in which the Christian faithful, living in the world, strive for the perfection of charity and seek to contribute to the sanctification of the world, especially from within. Societies of apostolic life do not use a vow.


Book III. The Teaching Function of the Church (Cann. 747–833)

Book III describes the teaching function of the church. The forms of teaching are the ministry of the Divine Word in the forms of the
preaching A sermon is a religious discourse or oration by a preacher, usually a member of clergy. Sermons address a scriptural, theological, or moral topic, usually expounding on a type of belief, law, or behavior within both past and present contexts. E ...
of the word of God and the catechetical instruction, the missionary action of the church, the Catholic education in schools, Catholic universities and other institutes of higher studies and the ecclesiastical universities and faculties, the instruments of communication and books in particular and finally the profession of faith.


Book IV. The Sanctifying Office of the Church (Cann. 834–1253)

In book four, the function of the church and its religious acts are explained. This book is composed of three parts: *the sacraments *the other acts of divine worship *sacred places and times The sacraments are
baptism Baptism (from ) is a Christians, Christian sacrament of initiation almost invariably with the use of water. It may be performed by aspersion, sprinkling or affusion, pouring water on the head, or by immersion baptism, immersing in water eit ...
,
confirmation In Christian denominations that practice infant baptism, confirmation is seen as the sealing of the covenant (religion), covenant created in baptism. Those being confirmed are known as confirmands. The ceremony typically involves laying on o ...
, the most holy
Eucharist The Eucharist ( ; from , ), also called Holy Communion, the Blessed Sacrament or the Lord's Supper, is a Christianity, Christian Rite (Christianity), rite, considered a sacrament in most churches and an Ordinance (Christianity), ordinance in ...
,
penance Penance is any act or a set of actions done out of contrition for sins committed, as well as an alternative name for the Catholic, Eastern Orthodox, and Oriental Orthodox sacrament of Reconciliation or Confession. The word ''penance'' derive ...
, anointing of the sick,
holy orders In certain Christian denominations, holy orders are the ordination, ordained ministries of bishop, priest (presbyter), and deacon, and the sacrament or rite by which candidates are ordained to those orders. Churches recognizing these orders inclu ...
and
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
. These sacraments are described with conditions, ceremony and participants. Other acts of divine worship are sacramentals, the
liturgy of the hours The Liturgy of the Hours (), Divine Office (), or ''Opus Dei'' ("Work of God") are a set of Catholic prayers comprising the canonical hours, often also referred to as the breviary, of the Latin Church. The Liturgy of the Hours forms the official ...
, ecclesiastical funerals, the veneration of the saints, sacred images and relics and the vow and oath. Sacred places are those which are dedicated for divine worship or for the burial of the faithful. The Code knows five kinds of sacred places: churches, oratories and private chapels, shrines,
altars An altar is a table or platform for the presentation of religious offerings, for sacrifices, or for other ritualistic purposes. Altars are found at shrines, temples, churches, and other places of worship. They are used particularly in Christian ...
and cemeteries. Sacred times are
holy days of obligation In the Catholic Church, holy days of obligation or precepts are days on which Catholic Christians are expected to attend Mass, and engage in rest from work and recreation (i.e., they are to refrain from engaging in work or activities that hinder ...
, feast days and
days of penance A day is the time period of a full rotation of the Earth with respect to the Sun. On average, this is 24 hours (86,400 seconds). As a day passes at a given location it experiences morning, afternoon, evening, and night. This daily cycle drive ...
.


Book V. The Temporal Goods of the Church (Cann. 1254–1310)

This part of the Corpus Juris is the regulation of the civil law. There are instructions concerning the acquisition and administration of goods, especially the acquisition by bestowal either through an act ''inter vivos'' or through an act ''mortis causa'', the role of pious foundations (canon 1303) and
contracts A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...
with special care of alienation.


Book VI. Sanctions in the Church (Cann. 1311–1399)

Book VI contains the canonical equivalent to secular
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
. The book has two parts: *Delicts and penalties in general *Penalties for individual delicts The first part declares the necessity of a violation of a law and shows the limits and requirements of such a penal law. It determines reasons, which eliminate the punishment as lack the use of reason, nonage (less than seventeen years), mistake in law or facts, missing causality or intent and self-defence. It also describes social cases as complicity, wilful default and attempt. Possible penalties are censures (
excommunication Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in Koinonia, communion with other members o ...
and suspension), expiatory penalties (prohibition or an order concerning residence in a certain place or territory, privation of a power, office, function, right, privilege, faculty, favor, title or insignia) and penal remedies and penances. Finally the right of the application and cessation of penalties is regulated. The canon 1374 made implicit ant reference to the penalty of excommunication for Freemasons, that was enforced by the canon 2335 of the code of 1917, which enforced exclusively to the Pope the right to prosecute and excommunicate Roman Catholic Freemasons. In 1981 the
Sacred Congregation for the Doctrine of the Faith The Dicastery for the Doctrine of the Faith (DDF) is a department of the Roman Curia in charge of the religious discipline of the Catholic Church. The Dicastery is the oldest among the departments of the Roman Curia. Its seat is the Palace of t ...
restated that canon law forbade "Catholics, under the penalty of excommunication, to enroll in Masonic or other similar associations." Membership was still forbidden in a document dated back to 1983, but the emphasis was put on the prohibition for Freemasons to receive the Holy Communion. The second part shows individual delicts, divided into delicts against religion and unity of the church, those against ecclesiastical authorities and the freedom of the church, those against special obligations, those against human life and freedom, usurpation of ecclesiastical functions and delicts in their exercise, and the crime of falsehood. In addition to these cases (and those stated in other laws) the external violation of a divine or canonical law can be punished when the special gravity of the violation demands punishment and there is an urgent need to prevent or repair scandals.


2021 revisions

The Catholic Church updated Book VI of its 1983 ''Code of Canon Law'' in June 2021 (taking effect on 8 December 2021) for clearer rules on numerous offences, including sexual ones. The revision was the result of a long process commenced in 2009 to better prevent and address
Catholic Church sexual abuse cases There have been many cases of sexual abuse of children by Catholic priests, priests, nuns, and Sexual abuse scandals in Catholic orders and societies, other members of religious life in the Catholic Church. In the late 20th and early 21st c ...
, mostly committed by clerics against underage children entrusted in their care, but also against vulnerable adults, or other sexual offences the Church regards as
sinful In religious context, sin is a transgression against divine law or a law of the deities. Each culture has its own interpretation of what it means to commit a sin. While sins are generally considered actions, any thought, word, or act considered ...
due to breaching the
clerical celibacy in the Catholic Church Clerical celibacy is the discipline within the Roman Catholic Church by which only unmarried men are ordained to the episcopate, to the priesthood in the Latin Church (one of the 24 rites of the Catholic Church with some particular exception a ...
.
Pope Francis Pope Francis (born Jorge Mario Bergoglio; 17 December 1936 – 21 April 2025) was head of the Catholic Church and sovereign of the Vatican City State from 13 March 2013 until Death and funeral of Pope Francis, his death in 2025. He was the fi ...
, archbishop
Filippo Iannone Filippo Iannone (born 13 December 1957) is an Italian prelate of the Catholic Church who has been president of the Pontifical Council for Legislative Texts since April 2018. He has been a bishop since 2001 and an archbishop since 2012. He is a m ...
and other officials stated that bishops had been too lenient in penalising offenders in the past, in part because of the wiggle room the vague wording of canon law allowed for, and formally introduced laicization as a penalty for certain sexual offences. In Catholic theology, the Decalogue (or
Ten Commandments The Ten Commandments (), or the Decalogue (from Latin , from Ancient Greek , ), are religious and ethical directives, structured as a covenant document, that, according to the Hebrew Bible, were given by YHWH to Moses. The text of the Ten ...
) are numbered so that the sixth commandment is "
Thou shalt not commit adultery "Thou shalt not commit adultery" () is found in the Book of Exodus of the Hebrew Bible. It is considered the sixth commandment by Roman Catholic and Lutheran authorities, but the seventh by Jewish and most Protestant authorities. What constitutes ...
". The Catholic Church's interpretation of the sixth commandment is much broader than just
adultery Adultery is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept ...
(
extramarital sex Extramarital sex occurs when a married person engages in sexual activity with someone other than their spouse. The term may be applied to the situation of a single person having sex with a married person. It is distinguished from premarital sex ...
), and concerns a set of offences against chastity. The revised provisions on sexual offences are derived from this broad interpretation of the sixth commandment. The provisions in canon 1395 §3 are coercion-based, as they require evidence of the use of 'force, threats or abuse of his authority'. Canon 1398 §1 describes sexual offences in which the victim was deemed incapable of consenting (because of 'habitually avingan imperfect use of reason'). There is no freely given
sexual consent Sexual consent is consent to engage in sexual activity. In many jurisdictions, sexual activity without consent is considered rape or other forms of sexual assault. Academic discussion of consent In the late 1980s, academic Lois Pineau argued tha ...
for people deemed incapable of consenting.


Book VII. Processes (Cann. 1400–1752)

Book VII contains the legal procedure. It is divided into five parts. * Trials in general * The contentious trial * Special processes * The penal process * The method of proceeding in hierarchical recourse and in the removal or transfer of pastors


Part I

The first part trials in general defines the court system, its two local instances and the
Roman Pontiff Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...
as the supreme judge with the representation by the tribunals of the
Apostolic See An apostolic see is an episcopal see whose foundation is attributed to one or more of the apostles of Jesus or to one of their close associates. In Catholicism, the phrase "The Apostolic See" when capitalized refers specifically to the See of ...
, especially the
Roman Rota The Roman Rota, formally the Apostolic Tribunal of the Roman Rota (), and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin Church members and the Eastern Catholic m ...
. It determines the participants of the lawsuit, the judge, the
auditor An auditor is a person or a firm appointed by a company to execute an audit.Practical Auditing, Kul Narsingh Shrestha, 2012, Nabin Prakashan, Nepal To act as an auditor, a person should be certified by the regulatory authority of accounting an ...
s and relators, the promoter of justice, the
Defender of the Bond A defender of the bond ( or ''defensor matrimonii'') is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage a ...
, the
notary A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is distin ...
, the petitioner, the respondent, and the procurators for litigation and advocates. Finally it describes the discipline to be observed in tribunals, with the duty of judges and ministers, the order of adjudication, the time limits and delays, the place of the trial, the persons to be admitted to the court, the manner of preparing and keeping the acts, and the actions and exceptions in general and specific.


Part II

The contentious trial begins with the introductory libellus of litigation and the citation and notification of juridical act. The joinder of the issue occurs when the terms of the controversy are defined by the judge, through a decree of the judge. Further on, this part explains the trial of the litigation, especially the absence of a party, the intervention of a third person and the proofs. There are six kinds of proof: declarations of the parties, documents, testimonies, experts, judicial examination and inspection, and
presumption In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requir ...
s. After taking evidence the acts are published, the case concluded and then discussed. The case ends with the sentence of the judge. The sentence can be challenged by complaint of nullity and by appeal. Finally the ''res judicata'' and ''restitutio in integrum'', the execution of the judgement, the judicial expenses and gratuitous legal assistance are regulated. As an alternative to this contentious trial there is the possibility of an oral contentious process.


Part III

Part three defines special processes and their special regulations, the process for declaring the nullity of marriage, cases of separation of spouses, process for the dispensation from a marriage ''
ratum sed non consummatum The term ''ratum sed non consummatum'' () or ''ratum et non consummatum'' () refers to a juridical-sacramental category of marriage in Catholic matrimonial canon law. If a matrimonial celebration takes place (ratification) but the spouses have no ...
,'' the process in the presumed death of spouses, and cases for declaring the nullity of sacred ordination. This part also shows methods of avoiding trials.


Part IV

Part four shows the proceedings of the penal process, with the preliminary investigation, the trial, and the adhesive procedure.


Part V

The last part shows the methods of proceeding in administrative recourse, which can be made by any person who says he was aggrieved by a decree, and the removal or transfer of pastors with display of the reasons for the removal or transfer. The final canon, 1752, ends with the
teleological Teleology (from , and )Partridge, Eric. 1977''Origins: A Short Etymological Dictionary of Modern English'' London: Routledge, p. 4187. or finalityDubray, Charles. 2020 912Teleology. In ''The Catholic Encyclopedia'' 14. New York: Robert Applet ...
and juridical principle that the supreme law of the Church is the salvation of souls (commonly formulated ''Salus animarum lex suprema est.'')


1917 Canon Law Abrogations

The 1983 code of canon law abrogates the canons and penal laws of the 1917 code that are not contained in the 1983 code. As a result, Catholics are no longer banned from eating horses or reading communist literature and no longer required to wear headcoverings (including veils).


Amendments

After the promulgation of the 1983 ''Code of Canon Law'', popes have amended it several times.


''Ad tuendam fidem''

On 18 May 1998
Pope John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...
issued the
motu proprio In law, (Latin for 'on his own impulse') describes an official act taken without a formal request from another party. Some jurisdictions use the term for the same concept. In Catholic canon law, it refers to a document issued by the pope on h ...
, which amended two canons (750 and 1371) of the 1983 ''Code of Canon Law'' and also two canons (598 and 1436) of the 1990 ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
'', so as to add "new norms which expressly impose the obligation of upholding truths proposed in a definitive way by the Magisterium of the Church, and which also establish related canonical sanctions."


''Omnium in mentem''

On 26 October 2009
Pope Benedict XVI Pope BenedictXVI (born Joseph Alois Ratzinger; 16 April 1927 – 31 December 2022) was head of the Catholic Church and sovereign of the Vatican City State from 19 April 2005 until his resignation on 28 February 2013. Benedict's election as p ...
issued the motu proprio '' Omnium in Mentem'', which amended five canons (1008, 1009, 1086, 1117, 1124) of the 1983 Code of Canon Law clarifying that, among those in Holy Orders, only bishops and priests received the power and mission to act in the person of Christ the Head while deacons obtained the faculty to exercise the ''diakonias'' of service, Word, and charity. The amendments also removed formal defection from the Catholic faith as excusing Catholics from the canonical form of marriage.


''Mitis Iudex Dominus Iesus''

On 15 August 2015
Pope Francis Pope Francis (born Jorge Mario Bergoglio; 17 December 1936 – 21 April 2025) was head of the Catholic Church and sovereign of the Vatican City State from 13 March 2013 until Death and funeral of Pope Francis, his death in 2025. He was the fi ...
issued the motu proprio '' Mitis Iudex Dominus Iesus'', which amended twenty-one canons (1671–1691) to reform the process of determining matrimonial nullity. The document was made public on 8 September 2015.


''De concordia inter codices''

On 31 May 2016, Pope Francis issued the motu proprio '' De concordia inter codices'', which amended ten canons (111, 112, 535, 868, 1108, 1109, 1111, 1112, 1116 and 1127) to reconcile the norms of the Latin Code of Canon Law with those of the ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
''. He did so after consultation with a committee of experts in Eastern and Latin canon law organized by the
Pontifical Council for Legislative Texts The Dicastery for Legislative Texts, formerly named Pontifical Council for Legislative Texts, is a dicastery of the Roman Curia. It is distinct from the highest tribunal or court in the Church, which is the Supreme Tribunal of the Apostolic Sign ...
.


''Magnum principium''

On 3 September 2017 Pope Francis issued the motu proprio ''
Magnum principium ''Magnum principium'' ("The Great Principle") is an apostolic letter issued by Pope Francis and dated 3 September 2017 on his own authority. It modified the 1983 ''Code of Canon Law'' to shift responsibility and authority for translations of l ...
'', which amended one canon (838) to grant
episcopal conference An episcopal conference, often also called a bishops’ conference or conference of bishops, is an official assembly of the bishops of the Catholic Church in a given territory. Episcopal conferences have long existed as informal entities. The fir ...
s authority over
liturgical Liturgy is the customary public ritual of worship performed by a religious group. As a religious phenomenon, liturgy represents a communal response to and participation in the sacred through activities reflecting praise, thanksgiving, remembra ...
translations.


''Communis vita''

On 19 March 2019, Pope Francis issued an apostolic letter given ''
motu proprio In law, (Latin for 'on his own impulse') describes an official act taken without a formal request from another party. Some jurisdictions use the term for the same concept. In Catholic canon law, it refers to a document issued by the pope on h ...
'' '' Communis vita''. It institutes ''
ipso facto is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a ''direct'' consequence, a resultant ''effect'', of the action in question, instead of being brought about by a previous action. (Contras ...
'' dismissal of religious who are absent for a full year illegitimately from their religious house. It replaces canons 694 and 729 in their entirety, with an
entry into force In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of th ...
on 10 April 2019.


''Authenticum charismatis''

On 1 November 2020, Pope Francis issued the ''motu proprio'' ''Authenticum charismatis'' whereby canon 579 was amended to state that diocesan bishops of the
Latin Church The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
are required, for validity, to receive the prior permission of the Apostolic See before issuing a decree of erection of a new religious institute of diocesan right. The ''
vacatio legis ''Vacatio legis'' (Latin for "absence of law") is a technical term in law which designates the period between the announcement of a legislation and its Coming into force, entering into force. This concept also exists in the canon law (Catholic Ch ...
'' was until 10 November 2020.


''Spiritus Domini''

The ''motu proprio'' '' Spiritus Domini'' was released on 11 January 2021; it changes the ''Code of Canon Law'' (canon 230 §1) to state that the instituted ministries of
acolyte An acolyte is an assistant or follower assisting the celebrant in a religious service or procession. In many Christian denominations, an acolyte is anyone performing ceremonial duties such as lighting altar candles. In others, the term is used f ...
and
lector Lector is Latin for one who reads, whether aloud or not. In modern languages it takes various forms, as either a development or a loan, such as , , and . It has various specialized uses. Academic The title ''lector'' may be applied to lecturers ...
are open to "
lay person In religious organizations, the laity () — individually a layperson, layman or laywoman — consists of all members who are not part of the clergy, usually including any non-ordained members of religious orders, e.g. a nun or a lay brother. ...
s", i.e. both men and women, instead of previously "lay men". This change, Francis says, acknowledges a " doctrinal development" that has occurred in recent years.


''Pascite gregem Dei''

The
apostolic constitution An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
'' Pascite gregem Dei'' changed the book VI. Its changes took effect on 8 December 2021.


''Competentias quasdam decernere''

The ''motu proprio'' ''Competentias quasdam decernere'' issued 15 February 2022 changed 10 canons.


''Recognitum librum VI''

The apostolic letter issued ''motu proprio'', ''Recognitum librum VI'', issued 26 April 2022 changes one sentence from canon 695.


18 May 2022 rescript

Through a
rescript A rescript is a public government document. More formally, it is a document issued not on the initiative of the author, but in response to a question (usually legal) posed to the author. The word originates from replies issued by Roman emperors t ...
published 18 May 2022, Pope Francis changed canon 588 §2 concerning major religious orders. The change made it so that after receiving written permission from the
Congregation for Institutes of Consecrated Life and Societies of Apostolic Life The Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life, formerly called Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (DICLSAL and formerly CICLSAL; ), is the dicastery of the Roman Cu ...
, the council of an
institute of consecrated life An institute of consecrated life is an association of faithful in the Catholic Church canonically erected by competent church authorities to enable men or women who publicly profess the evangelical counsels by religious vows or other sacred bond ...
or a
society of apostolic life A society of apostolic life is a group of men or women within the Catholic Church who have come together for a specific purpose and live fraternally. It is regarded as a form of consecrated (or "religious") life. This type of organization ...
of pontifical rite can nominate or elect a "non-cleric member", i.e., a layperson, as major superior. The change took effect immediately.


''Expedit ut iura''

Through a ''motu proprio'' entitled ''Expedit ut iura'', released 3 April 2023, Pope Francis changed canon 700 to give members of an
institute of consecrated life An institute of consecrated life is an association of faithful in the Catholic Church canonically erected by competent church authorities to enable men or women who publicly profess the evangelical counsels by religious vows or other sacred bond ...
more time to appeal their dismissal.


''Le Prelature personali''

A ''motu proprio'' of 8 August 2023, issued in Italian and entering into force on the day of its publication, changed canons 295 and 296 in order to specify several details of the nature and governance of personal prelatures such as
Opus Dei is an institution of the Catholic Church that was founded in Spain in 1928 by Josemaría Escrivá. Its stated mission is to help its lay and clerical members seek holiness in their everyday occupations and societies. Opus Dei is officially r ...
.


Notable canons

*
Canon 285 A number of Catholic priests have served in public office. The Catholic Church discourages and restricts this practice. In canon law Roman Catholic canon law discourages and restricts members of the clergy from holding secular civil or political ...
, about Catholic priests' actions unusual to a clergyman, including serving in public offices * Canon 332 defines papal renunciation *
Canon 844 In the Catholic Church, ("communion in sacred hings; also translated as "worship in common"), also called ("communion in divine hings) or ("communion in rites"), designates the regulations for the partaking of a Catholic person to a non-Cat ...
regulates ''communicatio in sacris''. *
Canon 915 Canon 915, one of the canons in the 1983 ''Code of Canon Law'' of the Latin Church of the Catholic Church, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared, ...
forbids the administration of
Holy Communion The Eucharist ( ; from , ), also called Holy Communion, the Blessed Sacrament or the Lord's Supper, is a Christian rite, considered a sacrament in most churches and an ordinance in others. Christians believe that the rite was instituted by J ...
to those upon whom the penalty of
excommunication Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in Koinonia, communion with other members o ...
or
interdict In Catholic canon law, an interdict () is an ecclesiastical censure, or ban that prohibits certain persons or groups from participating in particular rites, or that the rites and services of the church are prohibited in certain territories for ...
has been imposed or declared or who obstinately persist in manifest
grave sin A mortal sin (), in Christian theology, is a gravely sinful act which can lead to damnation if a person does not repent of the sin before death. It is alternatively called deadly, grave, and serious; the concept of mortal sin is found in both ...
. * Canon 1324 regulates the alleviation of penalties *
Canon 1397 §2 Canon 1397 §2 is a paragraph of the canon 1397 of the 1983 ''Code of Canon Law'' of the Catholic Church; the paragraph states: "A person who actually procures an abortion incurs a ''latae sententiae'' excommunication". Before the December ...
concerns the penalties incurred by those who provide abortion


Eastern equivalent

John Paul II later promulgated a code of
canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...
for the 22 ''
sui juris ''Sui iuris'' (), also spelled ''sui juris'', is a Latin phrase that literally means "of one's own right". It is used in both the Catholic Church's canon law and secular law. The term church ''sui iuris'' is used in the Catholic ''Code of Canon ...
''
Eastern Catholic Churches The Eastern Catholic Churches or Oriental Catholic Churches, also known as the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous (''sui iuris'') particular churches of ...
—the ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
''—by means of the
apostolic constitution An apostolic constitution () is the most solemn form of legislation issued by the Pope.New Commentary on the Code of Canon Law, pg. 57, footnote 36. By their nature, apostolic constitutions are addressed to the public. Generic constitutions use ...
'' Sacri Canones'' of 18 October 1990.


See also

* 1917 ''Code of Canon Law'' *
Canon law of the Catholic Church The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical ...
* ''
Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...
'' *
Legal history of the Catholic Church The Catholic Church utilizes the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four peri ...


References


External links


[1983
/nowiki> ''Codex Iuris Canonici''">983">[1983
/nowiki> ''Codex Iuris Canonici''(original and sole official Latin text)
1983 ''Code of Canon Law''
in English translation
1983 ''Code of Canon Law''
(English translation by the Canon Law Society of Great Britain and Ireland, assisted by the Canon Law Society of Australia and New Zealand and the Canadian Canon Law Society) {{Authority control c c c * * C Latin Church">Documents of Pope John Paul II">C Latin Church