PHẦN II. HÌNH PHẠT CHO TỪNG TỘI PHẠM (Điều 1364-1399)

§1 An apostate from the faith, a heretic or a schismatic incurs a latae sententiae excommunication, without prejudice to the provision of can. 194
§1, n. 2; he or she may also be punished with the penalties mentioned in can. 1336 §
§2-4.
§2 If a long-standing contempt or the gravity of scandal calls for it, other penalties may be added, not excluding dismissal from the clerical state. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

A person who, apart from the case mentioned in canon 1364
§1, teaches a doctrine condemned by the Roman Pontiff, or by an Ecumenical Council, or obstinately rejects the teaching mentioned in canon 750
§2 or canon 752 and, when warned by the Apostolic See or the Ordinary, does not retract, is to be punished with a censure and deprivation of office; to these sanctions others mentioned in can. 1336 §
§2-4 may be added.

A person who appeals from an act of the Roman Pontiff to an Ecumenical Council or to the College of Bishops is to be punished with a censure.

Parents and those taking the place of parents who hand over their children to be baptised or brought up in a non-Catholic religion are to be punished with a censure or other just penalty.

A person is to be punished with a just penalty who, at a public event or assembly, or in a published writing, or by otherwise using the means of social communication, utters blasphemy, or gravely harms public morals, or rails at or excites hatred of or contempt for religion or the Church.

A person who profanes a sacred object, moveable or immovable, is to be punished with a just penalty. EXERCISE OF DUTIES

§1 A person who uses physical force against the Roman Pontiff incurs a latae sententiae excommunication reserved to the Apostolic See; if the offender is a cleric, another penalty, not excluding dismissal from the clerical state, may be added according to the gravity of the crime.
§2 One who does this against a Bishop incurs a latae sententiae interdict and, if a cleric, he incurs also a latae sententiae suspension.
§3 A person who uses physical force against a cleric or religious or another of Christ’s faithful out of contempt for the faith, or the Church, or ecclesiastical authority or the ministry, is to be punished with a just penalty.

§1 A person who does not obey the lawful command or prohibition of the Apostolic See or the Ordinary or Superior and, after being warned, persists in disobedience, is to be punished, according to the gravity of the case, with a censure or deprivation of office or with other penalties mentioned in can. 1336 §
§2-4.
§2 A person who violates obligations imposed by a penalty is to be punished with the penalties mentioned in can. 1336 §
§2-4.
§3 A person who, in asserting or promising something before an ecclesiastical authority, commits perjury, is to be punished with a just penalty.
§4 A person who violates the obligation of observing the pontifical secret is to be punished with the penalties mentioned in can. 1336 §
§2-4.
§5 A person who fails to observe the duty to execute an executive sentence is to be punished with a just penalty, not excluding a censure.
§6 A person who neglects to report an offence, when required to do so by a canonical law, is to be punished according to the provision of can. 1336 §
§2-4, with the addition of other penalties according to the gravity of the offence. [See m.p. Vos estis lux mundi, 25.III.2023, arts. 1
§1 b); 3
§1]

The following are to be punished according to the provision of can. 1336 §
§2-4:1° those who hinder the freedom of the ministry or the exercise of ecclesiastical power, or the lawful use of sacred things or ecclesiastical goods, or who intimidate one who has exercised ecclesiastical power or ministry;2° those who hinder the freedom of an election or intimidate an elector or one who is elected.

A person who publicly incites hatred or animosity against the Apostolic See or the Ordinary because of some act of ecclesiastical office or duty, or who provokes disobedience against them, is to be punished by interdict or other just penalties.

A person who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or takes office in such an association is to be punished with an interdict. [On membership in Freemasonry, see Congregation for the Doctrine of the Faith, Declaration on Masonic Associations, 26.XI.1983, and Dicastery for the Doctrine of the Faith, Note, 13.XI.2023]

§1 Anyone who usurps an ecclesiastical office is to be punished with a just penalty.
§2 The unlawful retention of an office after being deprived of it, or ceasing from it, is equivalent to usurpation.

§1 The following are to be punished with the penalties mentioned in can. 1336 §
§2-4, without prejudice to the obligation of repairing the harm:1° a person who steals ecclesiastical goods or prevents their proceeds from being received;2° a person who without the prescribed consultation, consent, or permission, or without another requirement imposed by law for validity or for lawfulness, alienates ecclesiastical goods or carries out an act of administration over them.
§2 The following are to be punished, not excluding by deprivation of office, without prejudice to the obligation of repairing the harm:1° a person who through grave personal culpability commits the offence mentioned in
§1, n. 2;2° a person who is found to have been otherwise gravely negligent in administering ecclesiastical goods.

§1 A person who gives or promises something so that someone who exercises an office or function in the Church would unlawfully act or fail to act is to be punished according to the provision of can. 1336 §
§2-4; likewise, the person who accepts such gifts or promises is to be punished according to the gravity of the offence, not excluding by deprivation of office, without prejudice to the obligation of repairing the harm.
§2 A person who in the exercise of an office or function requests an offering beyond that which has been established, or additional sums, or something for his or her own benefit, is to be punished with an appropriate monetary fine or with other penalties, not excluding deprivation of office, without prejudice to the obligation of repairing the harm.

§1 A person who, apart from the cases already foreseen by the law, abuses ecclesiastical power, office, or function, is to be punished according to the gravity of the act or the omission, not excluding by deprivation of the power or office, without prejudice to the obligation of repairing the harm.
§2 A person who, through culpable negligence, unlawfully and with harm to another or scandal, performs or omits an act of ecclesiastical power or office or function, is to be punished according to the provision of can. 1336 §
§2-4, without prejudice to the obligation of repairing the harm.

§1 The following incur a latae sententiae interdict or, if a cleric, also a latae sententiae suspension:1° a person who, not being an ordained priest, attempts the liturgical celebration of the Eucharistic Sacrifice; [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]2° a person who, apart from the case mentioned in can. 1384, though unable to give valid sacramental absolution, attempts to do so, or hears a sacramental confession. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]
§2 In the cases mentioned in
§1, other penalties, not excluding excommunication, can be added, according to the gravity of the offence.
§3 Both a person who attempts to confer a sacred order on a woman, and the woman who attempts to receive the sacred order, incur a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished by dismissal from the clerical state. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]
§4 A person who deliberately administers a sacrament to those who are prohibited from receiving it is to be punished with suspension, to which other penalties mentioned in can. 1336 §
§2-4 may be added.
§5 A person who, apart from the cases mentioned in §
§1-4 and in can. 1384, pretends to administer a sacrament is to be punished with a just penalty. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

A person who through simony celebrates or receives a sacrament is to be punished with an interdict or suspension or the penalties mentioned in can. 1336 §
§2-4.

One who is guilty of prohibited participation in religious rites is to be punished with a just penalty. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

§1 One who throws away the consecrated species or, for a sacrilegious purpose, takes them away or keeps them, incurs a latae sententiae excommunication reserved to the Apostolic See; a cleric, moreover, may be punished with some other penalty, not excluding dismissal from the clerical state. [An Authentic Interpretation of the former canon 1367, 3.VII.1999, states that this offence includes any voluntarily and gravely contemptuous action towards the sacred species]
§2 A person guilty of consecrating for a sacrilegious purpose one element only or both elements within the Eucharistic celebration or outside it is to be punished according to the gravity of the offence, not excluding by dismissal from the clerical state. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

A person who unlawfully traffics in Mass offerings is to be punished with a censure or with the penalties mentioned in can. 1336 §
§2-4.

A priest who acts against the prescription of can. 977 incurs a latae sententiae excommunication reserved to the Apostolic See. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

A priest who in confession, or on the occasion or under the pretext of confession, solicits a penitent to commit a sin against the sixth commandment of the Decalogue, is to be punished, according to the gravity of the offence, with suspension, prohibitions and deprivations; in the more serious cases he is to be dismissed from the clerical state. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

§1 A confessor who directly violates the sacramental seal incurs a latae sententiae excommunication reserved to the Apostolic See; he who does so only indirectly is to be punished according to the gravity of the offence. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]
§2 Interpreters, and the others mentioned in can. 983
§2, who violate the secret are to be punished with a just penalty, not excluding excommunication.
§3 Without prejudice to the provisions of §
§1 and 2, any person who by means of any technical device makes a recording of what is said by the priest or by the penitent in a sacramental confession, either real or simulated, or who divulges it through the means of social communication, is to be punished according to the gravity of the offence, not excluding, in the case of a cleric, by dismissal from the clerical state. [See “Norms on the delicts reserved to the Congregation for the Doctrine of the Faith”, 11.X.2021]

Both the Bishop who, without a pontifical mandate, consecrates a person a Bishop, and the one who receives the consecration from him, incur a latae sententiae excommunication reserved to the Apostolic See. [See the Explanatory Note of the Dicastery for Legislative Texts, 24.VIII.1996, concerning the excommunication of those who adhere to the movement of Bishop Marcel Lefebvre (referring to the former can. 1382); see also the same Dicastery’s Declaration on the correct application of the former can. 1382, 6.VI.2011]

§1 A Bishop who, contrary to the provision of can. 1015, ordained someone else’s subject without the lawful dimissorial letters, is prohibited from conferring orders for one year. The person who received the order is ipso facto suspended from the order received.
§2 A person who comes forward for sacred orders bound by some censure or irregularity which he voluntarily conceals is ipso facto suspended from the order received, apart from what is established in canon 1044
§2, n. 1.

A person who, apart from the cases mentioned in cann. 1379-1388, unlawfully exercises the office of a priest or another sacred ministry, is to be punished with a just penalty, not excluding a censure. OF FALSEHOOD

§1 A person who falsely denounces a confessor of the offence mentioned in can. 1385 to an ecclesiastical Superior incurs a latae sententiae interdict and, if a cleric, he incurs also a suspension.
§2 A person who calumniously denounces some other offence to an ecclesiastical Superior, or otherwise unlawfully injures the good name of another, is to be punished according to the provision of can. 1336 §
§2-4, to which moreover a censure may be added.
§3 The calumniator must also be compelled to make appropriate amends.

The following are to be punished with the penalties mentioned in can. 1336 §
§2-4, according to the gravity of the offence:1° a person who composes a false public ecclesiastical document, or who changes, destroys, or conceals a genuine one, or who uses a false or altered one;2° a person who in an ecclesiastical matter uses some other false or altered document;3° a person who, in a public ecclesiastical document, asserts something false.

A cleric who voluntarily and unlawfully abandons the sacred ministry, for six months continuously, with the intention of withdrawing himself from the competent Church authority, is to be punished, according to the gravity of the offence, with suspension or additionally with the penalties established in can. 1336 §
§2-4, and in the more serious cases may be dismissed from the clerical state.

§1 A cleric or religious who engages in trading or business contrary to the provisions of the canons is to be punished with the penalties mentioned in can. 1336 §
§2-4, according to the gravity of the offence.
§2 A cleric or religious who, apart from the cases already foreseen by the law, commits an offence in a financial matter, or gravely violates the stipulations contained in can. 285
§4, is to be punished with the penalties mentioned in can. 1336 §
§2-4, without prejudice to the obligation of repairing the harm.

§1 A cleric who attempts marriage, even if only civilly, incurs a latae sententiae suspension, without prejudice to the provisions of can. 194
§1, n. 3, and 694
§1, n. 2. If, after warning, he has not reformed or continues to give scandal, he must be progressively punished by deprivations, or even by dismissal from the clerical state.
§2 Without prejudice to the provisions of can. 694
§1, n. 2, a religious in perpetual vows who is not a cleric but who attempts marriage, even if only civilly, incurs a latae sententiae interdict.

§1 A cleric living in concubinage, other than in the case mentioned in can. 1394, and a cleric who continues in some other external sin against the sixth commandment of the Decalogue which causes scandal, is to be punished with suspension. To this, other penalties can progressively be added if after a warning he persists in the offence, until eventually he can be dismissed from the clerical state.
§2 A cleric who has offended in other ways against the sixth commandment of the Decalogue, if the offence was committed in public, is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants.
§3 A cleric who by force, threats or abuse of his authority commits an offence against the sixth commandment of the Decalogue or forces someone to perform or submit to sexual acts is to be punished with the same penalty as in
§2. [See m.p. Vos estis lux mundi, 25.III.2023, art. 1
§1 a) i]

A person who gravely violates the obligation of residence to which he is bound by reason of an ecclesiastical office is to be punished with a just penalty, not excluding, after a warning, deprivation of the office. LIBERTY

§1 One who commits homicide, or who by force or by fraud abducts, imprisons, mutilates or gravely wounds a person, is to be punished, according to the gravity of the offence, with the penalties mentioned in can. 1336. In the case of the homicide of one of those persons mentioned in can. 1370, the offender is punished with the penalties prescribed there and also in
§3 of this canon.
§2 A person who actually procures an abortion incurs a latae sententiae excommunication. [An Authentic Interpretation of the former canon 1398, 23.V.1988, states that abortion in this canon refers to the killing of a foetus in whatever way at whatever time from the moment of conception it may be procured] [Pope Francis, in no. 12 of his Letter Misericordia et misera, 21.XI.2016, granted all confessors until further notice the faculty to remit the censure arising from the crime of abortion and to absolve sacramentally the sin of abortion; see also the Response of the Dicastery for Legislative Texts to a particular question, Prot. 15675/2016, 29.XI.2016]
§3 If offences dealt with in this canon are involved, in more serious cases the guilty cleric is to be dismissed from the clerical state.

§1 A cleric is to be punished with deprivation of office and with other just penalties, not excluding, where the case calls for it, dismissal from the clerical state, if he:1° commits an offence against the sixth commandment of the Decalogue with a minor or with a person who habitually has an imperfect use of reason or with one to whom the law recognises equal protection;2° grooms or induces a minor or a person who habitually has an imperfect use of reason or one to whom the law recognises equal protection to expose himself or herself pornographically or to take part in pornographic exhibitions, whether real or simulated;3° immorally acquires, retains, exhibits or distributes, in whatever manner and by whatever technology, pornographic images of minors or of persons who habitually have an imperfect use of reason.
§2 A member of an institute of consecrated life or of a society of apostolic life, or any one of the faithful who enjoys a dignity or performs an office or function in the Church, who commits an offence mentioned in
§1 or in can. 1395
§3 is to be punished according to the provision of can. 1336 §
§2-4, with the addition of other penalties according to the gravity of the offence. [Regarding the offences in this canon see m.p. Vos estis lux mundi, 25.III.2023, art. 1
§1 a), as well as the Dicastery for the Doctrine of the Faith’s Vademecum on certain points of procedure in treating cases of sexual abuse of minors committed by clerics, version 2.0, 5.VI.2022] [See also the Dicastery for the Doctrine of the Faith’s clarification of the concept of “vulnerable adult”, 30.I.2024]

Besides the cases prescribed in this or in other laws, the external violation of divine or canon law can be punished, and with a just penalty, only when the special gravity of the violation requires it and necessity demands that scandals be prevented or repaired.