Good morning, Father Angelo,

I am writing to know when latae sententiae penalties enforce penalties and whether the subject may possibly incur it, even without knowing that certain behaviors were punished 

with a penalty.

Thank you.

Kind regards

The Priest’s answer

Dear,

1. the penalties consist of the deprivation of a spiritual or temporal good, and the legitimate authority of the Church inflicts them, which are indicated in the Code of Canon Law.

They are given aiming to correct who has erred, even as a punishment or chastisement. Therefore, they have a medicinal purpose.

2. They are always exterior violations of the laws of the Church. They do not affect what one thinks or doubts in one’s heart.

In fact, “de internis non iudicat Ecclesia”. Which means that the sanctions of the Church do not punish interior acts, but only exterior ones.

There is the sacrament of confession, which remedies personal sins and interior acts.

3. Also, penalties are always in reference to the goods and rights of the Church, not of civil society.

4. Since canonical penalties are medicinal and aim at correcting for the errant person’s spiritual good, they only strike the contumacious, that is, those who persist in their conduct and consider no warning or reprimand from the ecclesiastical authority.

5. The penalties established by the Church are distinguished into latae sententiae and ferendae sententiae penalties.

Latae sententiae penalties automatically apply after the act is committed.

Ferendae sententiae penalties after a regular trial.

6. However, a warning is not necessary in case of very serious crimes that are punished latae sententiae.

Some are reserved to the Holy See. They are five: the desecration of the Eucharist, physical violence against the Roman Pontiff, the sacramental absolution of the accomplice with the priest in sins against the sixth commandment, the ordination of a bishop with no papal mandate and the direct violation of the sacramental seal.

7. Others are not reserved to the Holy See, such as heresy, apostasy, schism, abortion, membership in associations contrary to the Church such as Freemasonry.

These generally strike those who are aware of the crime and after the warning.

Wishing you of an always exemplary conduct, I bless you.

Father Angelo

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