The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
The proceedings before the Congregation of Bishops and Regulars
closely resemble those before the Congregation of the Council. The
delays are somewhat shorter, but the ordinary procedure is the same.
Before both of them there is also a species of process more swift and
summary, to be employed when the parties desire it, or the nature of
the business demands it. Moreover, in the latter congregation it is
the secretary who renders its decision.
We have seen that appeals in criminal cases are taken from the
diocesan courts to the Congregation of Bishops and Regulars, except
when the nature of the offence brings it within the cognizance of the
Congregation of the Holy Office. This appeal must be entered within
ten days after the promulgation of the judgment. After the appeal is
perfected, the diocesan court transmits to the congregation a budget
which includes: 1, the process which was instituted in the first
instance; 2, the brief of this process and the note of that which
followed; 3, the defence of the accused; 4, the sentence. At the same
time the court signifies to the accused and his advocate that they
are now to prosecute their appeal.
If the appellant does not pursue the matter, a reasonable delay,
ordinarily of twenty days, is accorded, after which he is judged to
have renounced his appeal and the sentence is executed. If he does
pursue it, he makes choice of an advocate at Rome. The budget is then
sent to a judge-reporter, from whose hands the advocate receives a
memorandum of the case, and upon that bases his defence. This defence
is communicated to the first judge, that he may sustain his sentence.
All the papers are printed and distributed to the cardinals. The
cause is examined on an appointed day in presence of the assembled
congregation. The judge-reporter states the case. The proctor-general
defends the sentence of the court below. The cardinals render
their decision, which affirms, vacates, or revises the sentence of
the diocesan tribunal, and is immediately transmitted thereto for
execution. This decision is final; and, after it is rendered, the
pope alone can grant a review of the proceedings, and that only
before the same congregation, and for the gravest reasons.
It will be remarked that there is no public hearing of witnesses; but
if this should seem objectionable to any, it will be sufficient to
remind them that civil courts, which revise the judgments of courts
of correction, decide upon the papers of the case and not upon the
testimony of living witnesses at their bar; while, as for criminal
proceedings, it is well known that from the courts which try issues
of fact there is usually no appeal.
When, instead of an ordinary offence, the crime alleged is one
against the faith, the rules of procedure are inquisitorial in their
character, and differ somewhat from the preceding; but on account of
the weight of the penalty, they offer still greater safeguards to the
accused.
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