6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 1

Notebooks
of ecclesial law
11 (1998) 395-405

The Apostolic Penitentiary:

a body at the service
of confessors and penitents
by Egidio Miragoli

In the common way of thinking - and not only of the lay faithful, but
even those who should be more familiar and familiar with
miliarity with these themes and environments - Roman Curia and related bodies-
smi are perceived as a whole as distant, inaccessible realities
hissing, something like government buildings and state ministries,
synonymous with bureaucracy and delays that discourage, already on the na-
any legitimate or motivated desire for contact. Consequently
there is also little interest in knowing its meaning closely,
the structure and activities.
Given that the institutions are men, with theirs
character, their preparation and their more or less intense passion
for the work they do, in this intervention we want to treat-
king of the Apostolic Penitentiary, an organism of the Roman Curia
atypical in many respects. From the knowledge of this reality
many confessors could find great benefit for theirs
ministry 1 .

The salient features

The particular characteristics of this Roman dicastery suffice-
alone to attract him sympathy and esteem on the part of those who
run: a very sober and accessible internal structure, a job
swift and direct benefit of souls, especially discretion or

https://translate.googleusercontent.com/translate_f 1/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents
1 For the
history of this tribunal, see N. D EL R E , La Curia Romana. Historical-juridical features ,
Rome 1970, pp. 261-274, or the short entry in the Papal Yearbook , in the Historical Notes section .

Page 2

396 Egidio Miragoli

maximum confidentiality, as appropriate. These peculiarities depend-

no by its nature and its duties 2 .
In fact, in the organization chart of the Roman Curia, the Penitentiary is
one of the three courts - indeed, the first - but a very particular court-
king. At the Penitentiary
“One does not resort to claim a right , to ask for justice , but for
beg for a grace ; there is no real contradiction in it , yes
collect the evidence , there is no possibility of defense with the right to refute-
re adverse evidence etc .; in other words, they are not found in the object of the
competence of the Apostolic Penitentiary and in the procedure followed in it
the essential elements of true judicial processes " 3 .

Of this tribunal the apostolic constitution Pastor bonus says:

"Art. 117. The competence of the Apostolic Penitentiary refers to the materials
that concern the internal forum and indulgences.
Art. 118 - For the internal forum, whether sacramental or non-sacramental, it
grants acquittals, dispensations, commutations, sanctions, amnesties e
other thanks.
Art. 119. The same ensures that there is in the Patriarchal Basilicas of the City
a sufficient number of Penitentiaries, equipped with the appropriate faculties.
Art. 120. The same Dicastery is entrusted with what concerns the granting of
and the use of indulgences, without prejudice to the right of the Congregation of the

2 It is legitimate to point out a difficulty here. The due confidentiality due to the cases handled by the Peniten-
zieria should not extend to the reality of the Penitentiary, almost to the point of preventing knowledge of the
its competences, its orientations, the service it can offer to priests. It appears to be indeed
this is the current situation, with the result that priests do not know the precious service that this
dicastery offers. An example of this is the instruction Suprema ecclesia bona (July 15, 1984), sent three times
consecutive to the ordinary and still today, it seems to be noted, not known by many. It was sent to the orders
diocesan and religious naries - so the accompaniment went - «for their personal use in the fulfillment
of their pastoral office, not as a theme of collegial study ». On March 14, 1987, the Penitentiary decided
it was opportune to reiterate the sending of the text, motivating it as follows: over the past three years,
numerous requests also from subjects established in authority or in positions of considerable responsibility-
lity, from which it was deduced that that document had not reached "the various degrees of authority and circles"
interested or had not been fully assimilated by the recipients. Therefore the Penitentiary considered it op-
it is advisable to reiterate the sending, praying to let the priests know it in the way deemed most convenient.
nothing, "but always excluding publication in bulletins, sheets and the like, which are intended for a
wider than that of the priests ». Also on the third dispatch (July 4, 1991) the accompaniment (this
vault of the CEI Secretariat) reads: «According to the indications of the same Apostolic Nunciature, the text
it must be brought, cautiously, to the attention of the confessor priests, but it must not be an object
of any publication or academic discussion ". At this point a consideration is spontaneous
nea: the subject matter is complex; how is it possible to "take possession" of it by priests with
all these precautions, if neither publication nor discussion is allowed? Maybe it would be op-
it is advisable to review this indication. After all, the cases reviewed there are already all contained in the Code!
As for the complete text of the instruction - with the accompanying letters of the first two texts sent -
it was published in EV S / 1, nn. 901-912. In this article, for the identification of skills
of this tribunal, we will keep in mind the issues dealt with in it.
3 Z. G ROCHOLEWSKI , The apostolic tribunals , in A A .V V. , Le nouveau Code de Droit Canonique. The new Code

of Canon Law. Actes du V Congrès International de Droit Canonique. Proceedings of the 5th Internatio -
nal Congress of Canon Law, I, Ottawa 1986, p. 458.
https://translate.googleusercontent.com/translate_f 2/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 3

The Apostolic Penitentiary: a body at the service of confessors and penitents 397

trina of the Faith to examine everything concerning the dogmatic doctrine in

I go back to them ".

From the articles cited, which essentially re-present the previous one
ancient legislation of 4 centuries , three therefore seem to be the areas of
jurisdiction of the body in question: the internal forum is sacred
mental rather than sacramental 5 ; the granting and use of indulgences
genze; penitential pastoral care in the patriarchal basilicas of Rome 6 .
Starting from this last aspect, let's take a closer look at the service
that the Penitentiary carries out in the life of the Church.

Penitential pastoral care in the patriarchal basilicas of Rome

The most visible and known aspect, although probably not
attributed by all to the Apostolic Penitentiary, is that relating to
confessors of the four historic Roman patriarchal basilicas, called
"Minor penitentiaries". These, although they are not part of the person-
of the Penitentiary, are directly dependent on it 7 . What that
activities for the Penitentiary, is described in the annual report
account of the activities carried out, where it is stated that, as usual, e
by institution, the Penitentiary

"He oversaw the penitential pastoral care in the Patriarchal Basilicas of Rome,
through five Colleges of Penitentiary Fathers, for which it maintains the
administrative port with the Holy See, and for which regular functionality
provides for the replacement of the subjects, when they, either for age limits or for
other reasons, they had to leave the office. The replacement takes place later
that the candidates were seriously screened by a particular examination
on their doctrinal preparation and a prudent assessment of the

4 The Penitentiary has undergone various reforms, by the work of Pius V (1569), Benedict XIV (constituted
tion Pastor bonus , 1744), Pius X (constitution Sapienti council , 1908). The most recent regulations are
those of CIC 1917 (can. 258) and of the apostolic constitution of Paul VI Regimini ecclesiae universae
of 1967 (articles 111-113).
5 “The reason for the stability of the norms concerning the Penitentiary, as far as the internal forum is concerned, is from

identify oneself in the special nature of the Dicastery, which, in turn, is determined by the object of the
its competence, that is, affairs of conscience, treated as such, in the internal forum , or, if we want,
in the forum Dei. The relationship of conscience with the Lord and the mediation of the Church for this relationship
are realities that are affected only accidentally, and only for instrumental aspects, by the
historical and cultural reactions "(L. D E M AGISTRIS - UM T ODESCHINI , The Apostolic Penitentiary , in A A .V V. ,
The Roman Curia in the apostolic constitution Pastor bonus, edited by PA Bonnet and C. Gullo [Studies
Giuridici XIX], Vatican City 1990, pp. 419-429).
6 This task was not explicitly indicated in previous documents.

7 For the history of this particular aspect, cf F. T AMBURINI , La Sacrée Pénitencerie apostolique et les pé-
nitenciers mineurs pontificaux , in "Studia Canonica" 31 (1997) 449-459.

https://translate.googleusercontent.com/translate_f 3/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 4

398 Egidio Miragoli

personal dini, in view of the delicate task that the Church entrusts to them for the
of souls " 8 .

In order then to make the service of these confessors more fruitful

and to ensure a certain uniformity of direction, the Penitentiary takes care of it
their ongoing formation by organizing monthly study meetings. THE
penitentiaries, with special faculties and at the same time exempt
"By customary practices or by law of the respective religious families
if » 9 , they dedicate the totality of their ministry to confessions and they are like that
distributed: the Conventual Friars Minor serve in the basilica
ticana, the friars minor are in the Lateran basilica, the Dominicans a
Santa Maria Maggiore, the Benedictines of Cassino in San Paolo fuori le Mu-
ra. Other religious families make available to them members such as
extraordinary penitentiaries in the Vatican basilica, because of the great one
request for confessions that distinguishes it. The penitentiaries,
«For their origin from the most varied countries of the world, for the multiplicity of
languages ​in which they express themselves, and because in fact they are addressed with
trust ecclesiastics and faithful from all over the world, when they come to see Petrum ,
represent the ministry of Reconciliation, which, under the impulse of the
the Holy Spirit, as in Pentecost, is exercised on the religious viri ex omni
natione, quae sub caelo est (Acts 2, 5) " 10 .

The granting and use of indulgences

The classic definition of indulgence is that contained in the Ma-
Manual of Indulgences (1987):
«[It is] the remission before God of the temporal punishment for sins, already
remitted as to the fault, which the faithful, duly disposed and determined
conditions, acquires through the intervention of the Church, which, as a minister
of redemption, authoritatively dispenses and applies the treasury of
factions of Christ and the Saints "( Norms , 1).

Unfortunately it is not a simple definition to understand, even for-

because it synthesizes many theological elements 11 , and yet it would distance us

8
The activity of the Holy See 1996 , p. 820.
9
The Sacrament of Penance. Seven allocutions and a letter from John Paul II , Vatican City
1996, p. 24. This volume, edited by the Penitentiary, constitutes an important magisterial reference
rial for confessors.
10
Ibid. , p.22.
11 As John Paul II said when speaking to penitentiaries, “love, supernaturally understood, for
indulgences, connected as they are with the certainties of sin and the sacrament of Reconciliation-
with faith in the hereafter, especially in purgatory, with the reversibility of the merits of the Mixed Body
co, that is the Communion of Saints, is a comprehensive card of Catholic authenticity "( ibid. , p. 23).

https://translate.googleusercontent.com/translate_f 4/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 5

The Apostolic Penitentiary: a body at the service of confessors and penitents 399

from the intent that we set out to pause to explain its meaning-
to. We only add that the indulgence can be plenary or partial
depending on whether he is free in whole or in part from the temporal penalty
vuta for sins 12 . Well, the Penitentiary has the task of regulating-
re the granting and use of sacred indulgences throughout the Church, ed
exercises exclusive jurisdiction when it comes to ple-
naria. In concrete terms, the Penitentiary meets the requests
of dioceses, religious families, parishes, sanctuaries, pious associations of
faithful, granting plenary indulgences in circumstances of special im-
pastoral bearing, as for example on anniversaries.

The internal forum, both sacramental and non-sacramental

The largest and most important part of its activity is the Penitentiary
however, he carries it out in the field of the internal forum, whether sacramental or not
sacramental. It follows a great confidentiality on this work, since
the cases treated have frequent connection with the sacrament of penitence.
za. Wanting to schematize, we can simplify as follows.
First of all, it is the competent office for the resolution of real individual cases
dual, through the granting of acquittals, pardons, dispensations, sanctions,
condonations reserved to the Holy See 13 ; it is then a consultancy service a
favor of confessors in need of clarification for their ministry.
Before listing the individual situations, however, it is advisable to spend
a few moments to better understand the boundaries of the internal forum through
I know some clarifications.
The expressions "external forum" and "internal forum" have no definition
in canon law. These are two areas in which the power of governance is exercised.
winter of the Church. The CIC 1917 (can. 196) identified the internal forum with the
"Hole of conscience". The current Code (can. 130) no longer uses this
expression.
As well demonstrated by Father Urrutia 14 , the criterion of distinction between the
two forum-areas turns out to be the way to act: occult or public . The
effects of the sole power of governance, if they are recognizable in the community,
they concern the external forum; otherwise they concern the internal one.
"The exercise of jurisdiction, which the community has legitimate knowledge of
for there is legitimate evidence of it, it is exercise of jurisdiction for the external forum or

12 Cf. Manual of Indulgences, Norms , 2.

13 In the volume of F. T AMBURINI , Saints and Sinners. Confessions and supplications from the Penitentiary registers
of the Vatican Secret Archives (1451-1586) , Milan 1995, it is possible to grasp the list of
fly topics to which, in the past, the competence of the Penitentiary extended.
14 FJ U RRUTIA , The criterion of distinction between internal and external forum , in A A .V V. , Vatican II. Budget e

perspectives , I, edited by R. Latourelle, Assisi 1987, pp. 544-570.

https://translate.googleusercontent.com/translate_f 5/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 6

400 Egidio Miragoli

in the outer hole. And the publicly known effects of this exercise belong to
no to the external hole. On the other hand, if the exercise of jurisdiction remains hidden from the
nity as such, and the effects produced remain equally hidden, because we do not know
15
no legitimate evidence, then it is an exercise for the internal forum or in the internal forum " .

By occult chance we can mean something that cannot be proved;

or it can be tried but it is not known; or a question that of
fact is not brought before the court.
As for the distinction of the internal forum into sacramental and non-sacramental
such, which is spoken of in the Code (cf cann. 1079 § 3 and 1082), means that everything
what is known and resolved in the act of administering the sacrament
of penance falls into the sacramental internal forum; it falls into the second area
instead what is known and resolved outside the sacrament, but always with the
characteristics of the secrecy of both contents and effects.
Already in the 1917 Code, but also in the current Code, they are contemplated
cases which - due to their importance and the severity of the effects - are confidential
to the Holy See, in the sense that their solution is reserved for dicasteries that
they help the Pope in his service to the Church. Well, when it comes to the forum
the internal competent authority is the Apostolic Penitentiary . In the new Code they are
some cases explicitly stated.

The crime of sacrilegious desecration

of the sacrament of the Eucharist (can. 1367) 16
The Code reviews this crime among those against religion. Three
are the verbs of the Latin text able to configure as many criminal situations-
if they have profanation in common: « qui species consacratas abicit aut
sacrilegious purpose abducit retinet vel ", that is, literally," who throws the spe-
cie consecrated, takes them away or keeps them for a sacrilegious purpose ». Such gestures can
they are being committed out of hatred against God or the Church; in our
time, not infrequently such profanations have been charged to the members of
sects, satanic species.

Physical violence against the Roman Pontiff (can. 1370 § 1) 17

The Code places this crime among those "against ecclesiastical authority-
ca "(book VI, part II, title II). Although in the work of revising the Code

15
Ibid ., Pp. 552-553.
16 "Whoever profanes the consecrated species, or removes them or keeps them for sacrilegious purposes, incurs
latae sententiae excommunication reserved to the Apostolic See; the cleric can also be punished with another
punishment, dismissal from the clerical state not excluded "(can. 1367).
17 "Whoever uses physical violence against the Roman Pontiff incurs the excommunication latae sententiae riserva-

to the Apostolic See, to which, in the case of a cleric, it can be added according to the gravity
of the crime, another penalty, not excluding dismissal from the clerical state "(can. 1370 § 1).

https://translate.googleusercontent.com/translate_f 6/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 7

The Apostolic Penitentiary: a body at the service of confessors and penitents 401

some asked that this crime be equated, in terms of punishment,

to that committed against those who are awarded the episcopal order (cf. 1370 §
2), the consultors decided to keep the case distinct: the gravity of the penalty
it is required by the public good of the Church 18 .

The crime of acquittal of one's accomplice

in sin against the sixth commandment (can. 1378 § 1) 19
In the intention of the Code, in this case, we want to stigmatize a
a crime that is all the more serious because it was committed in the exercise of the ministry,
mentalizing a sacrament, and therefore against the sanctity of the sacrament
same. In order for our case to be configured, it must have been real
complicity (formal and external adhesion) in a sin against chastity,
serious and external, which is confessed out of the danger of death.

The crime by conferral and reception, without an apostolic mandate,

of the Episcopal Order (can. 1382)
The title of the Code within which this crime falls reads: Usurpa-
of ecclesiastical offices and crimes in their exercise. According to can. 1013,
"It is not lawful for any Bishop to consecrate another Bishop unless he first consecrates
is of the papal mandate ". This mandate indicates the papal will
which is expressed in the designation and appointment; concretely it is the
ment, i.e. the nomination note, which is exhibited and publicly read during
during the ordination rite 20 .

The crime of direct violation of the sacramental seal (can. 1388 § 1) 21

This crime concerns the exercise of the ministry. On the theme of si gillo
sacramental, so John Paul II expressed himself in the annual meeting with
the Penitentiary: «Having our Lord Jesus Christ established that the faithful
accuse your sins to the minister of the Church, thereby sanctioning the in -

18 “The consultors unanimously reply that the special gravity of the penalty is required by the public good
of the Church, because it would be in grave danger if someone used physical violence against the
pa; in fact, criminal law tends to protect the public good "(" Communicationes "9 [1977] 307).
19 For further information see E. M IRAGOLI , Il confessore e il de sexto . Legal perspective, in

"Notebooks of ecclesial law" 4 (1991) 238-258.

20 "A bishop who without a papal mandate consecrates someone bishop and whoever received the consecration from him

cration, incur the latae sententiae excommunication reserved to the Apostolic See "(can. 1382). A ca-
I know what made the news is that of Bishop Pierre Martin Ngô-Dinh-Thuc, who in 1976 and 1981
ordained bishops without a papal mandate. Cf documentation on the affair in EV 9, nos. 157 and following To all,
then, the case of Monsignor M. Lefèbvre is known.
21 «The confessor who directly violates the sacramental seal incurs the excommunication latae sententiae

reserved to the Apostolic See "(can. 1388 §1). On this topic cf E. M IRAGOLI , The sacramental seal
such, in "Notebooks of ecclesial law" 3 (1990) 411-421.

https://translate.googleusercontent.com/translate_f 7/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 8

402 Egidio Miragoli

absolute communicability of the contents of the confession with respect to any

another man, to any earthly authority, in any situation " 22 .

The granting of dispensations

The granting of dispensations is also reserved to the Penitentiary, such as
that from the irregularity deriving from the crime of homicide or abortion, either due to
to yield to sacred Orders, or to exercise them (can. 1041, 4 °; can. 1044 § 1, 3 °).
The issue of irregularities is, in general, little treated and known. Dia-
here are the essential elements to understand the problem within the scope
we are dealing with. The starting point is the solicitude of the Church
knows in safeguarding the sanctity of the sacrament of Holy Orders and the exercise of
sacred ministry. Among the instruments aimed at ensuring this purpose, the Co-
says it provides rules, which in special circumstances, prohibit receiving the Ordi -
in the various degrees, or they prohibit and limit their exercise. The expression
canonical of this moral and pastoral concern of the Church are the
noni 1040-1049, which review "irregularities and impediments". Irregular
rities are perpetual prohibitions, which can therefore only cease through
dull; the impediment is temporary, and therefore can also cease by itself, with
failure of the cause that produced it. Who had committed murder or
was responsible for procuring abortion is affected by the irregularity both for ac-
to surrender to sacred Orders and to exercise them. On 27 July 1992, the Con-
gregation for Catholic Education sent a letter to the bishops and su-
major religious superiors in which it is established that it is given to candidates
to the Orders, “from the beginning of the theological course, and in any case no less than
four years before the presumptive date of the Orders », an illustration
of the norms contained in canons 1040-1049 23 .
Also for sanctions, reductions and other similar related measures
to the burdens of masses, if requested in the internal forum, sacramental or non-sacra-
mental, the appeal must be sent to the Apostolic Penitentiary. He made it
we mention here, as an example of a particular measure, but also
because unfortunately recurring situation. It is true that in this field it is not
established no censorship, but in any case it is an extremely im-
bearing in the life of the Church. It is not useless to remember that the priest is you-
born out of a grave obligation of justice to meet the burdens of masses; the offers-
received for the celebration of masses entail the obligation to celebrate them,
without anyone feeling authorized to devolve these offers for other purposes
(cann. 954-958). Well, the Penitentiary, in the situations indicated, provides
also to resolve any "disorders" of the priests in this regard.

22
The Sacrament of Penance , cit., P.51.
23 Cf letter prot. n. 1560/90/18 of 27 July 1992 accompanied by the CEI Secretariat prot.
n. 643/92 of 3 September 1992.

https://translate.googleusercontent.com/translate_f 8/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

Page 9

The Apostolic Penitentiary: a body at the service of confessors and penitents 403

As for the request for pardons, sanations, dispensations, in general

black, it should be borne in mind that the Apostolic Penitentiary has the faculty of
to grant in the internal forum almost everything that they grant in the external forum
the other dicasteries of the Holy See, always, of course, that the object of the
the request is open to resolution in the internal forum. So can we conce-
to grant in the internal forum the root sanction of invalid marriages to prevent
occult minds; similarly the recourse must be sent to the Penitentiary in those
cases in which there is a doubt, based on occult causes, about the validity of
sacraments of baptism, confirmation or Holy Orders.

Advice and help to confessors for difficult cases

Beyond confidential situations and for which recourse to the
the Penitentiary, this is placed at the disposal of confessors in need of
clarifications for the correct solution of cases of conscience, complex or con-
troversi. This can happen either in epistolary form or even with direct contacts
personal. Help to confessors in solving cases of conscience comes
given through the so-called responsa . It should be noted that these have value
authoritative for the real and singular circumstances that have been proposed e
not for the other cases, but that those answers can
extend as a prudential criterion; under no circumstances is it allowed to
disclose these responses.

Ultimately, which door to knock on?

As we have seen, for the same problem they may have
competence of different departments. The difficulty, then, lies in identifying
which department to contact. The criteria indicated by the Penitentiary are i
following: problems formulated in universal terms and in absolute form
totally abstract must be subjected not to the Penitentiary, but
in relation to their nature, or to the Congregation for the Doctrine of the
Faith (when it comes to doctrinal matters) or to the other dicasteries of the
the Holy See. This criterion can be illustrated with the following example:
the purely theoretical question of whether it is lawful to marry from
part of a person who is a carrier of hereditary disease must be
heard from the Congregation for the Doctrine of the Faith; the question
regarding the specific case, whether it is lawful to contract marriage for this
who is currently suffering from this disease, if the same case
know it is well-known must be submitted to the same Congregation,
but if it is hidden, it must be proposed to the Penitentiary.

Page 10

https://translate.googleusercontent.com/translate_f 9/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents

404 Egidio Miragoli

Internal structure and working method

Let us now see how the Penitentiary copes with its work.
ro. Key role is that of the Cardinal Major Penitentiary, in
which all the faculties of the court are combined.

«In the exercise of these faculties, however, he is bound to the collegial way: it is valid
to say that it cannot exercise its powers except by dealing with the related problems
in the Signatura or in the Congress, but it is not subordinate to the vote » 24 .

By analogy, we can compare this situation to that

of the superior who, in order to act validly or lawfully, must first
having heard ( audited ) a certain body, even if it is not
nuto to follow its directions ( non de consensu ). On the death of the Father
pa, the Major Penitentiary, unlike the other preposterous cardinals
to the various departments that cease their office, remain in office 25 and
that he is allowed, by way of derogation, during the conclave
to the dispositions, to receive the closed and sealed office letters, without
which are subject to no scrutiny and inspection 26 .

«The explanation obviously lies in the specific object of the activity of the
Penitentiary, that is, the problems of the internal forum or of conscience. Here you im-
gives the Legislator a very profound and fundamental ecclesial reason,
one, ancient, carved Today last canon of the current codex , the sa-
lus animarum , " quae in Ecclesia, suprema lex esse debet " (can. 1752). It is evi-
tooth that the very urgency of this ecclesial duty demands that, at the top
of the Church, there is never a lack of a person vested with the office of
to regulate and resolve internal forum conflicts. In fact, even if the headquarters
Roman is vacant, the Church is alive and can only live according to the spirit
of his supreme law " 27 .

Another important figure is that of the Regent, who directs the work
office ordinary. The organization chart is completed by a Theologian, a
Ca nonista and three Councilors. The issues are dealt with or in the Con-
daily entrance chaired by the Regent, or in the Signatura, that is

24 L. D E M AGISTRIS - UM T ODESCHINI , The Apostolic Penitentiary , cit., P. 424

25 Cf Pastor bonus , art. 6. "If, however, the subjective element of the office remains unchanged, otherwise
comes from its competence, which is reduced to ordinary business, with the further clarification that the Penalty
tenziere Maggiore is required to propose to the College of Cardinals the issues he should have referred to
re to the Pontiff "(AM P UNZI N ICOLÒ , The Curia during the vacant see , in A A .V V. , La Curia Romana , cit.,
p. 155).
26 Cf G IOVANNI P AOLO II, Apostolic Constitution Universi dominici gregis , 22 February 1997.

27 AM P UNZI N ICOLÒ , The Curia during the vacant see , cit., P. 160.

Page 11

https://translate.googleusercontent.com/translate_f 10/11
6/15/2021 The Apostolic Penitentiary: a body at the service of confessors and penitents
The Apostolic Penitentiary: a body at the service of confessors and penitents 405

holds at least once a month and is chaired by Cardinal Peni-

tenziere, or during the audience with the Supreme Pontiff.
It should be noted that
"The cases referred to the Penitentiary, especially those of the internal forum, are
no resolved, as far as possible, within 24 hours of being submitted, e
this in compliance with a provision issued by Benedict XIV and confirmed
by Pius XI, with whom the dicastery endeavors to comply » 28 .

In the case of complex problems, it is sent immediately at least

an interlocutory reply, reminding the priests, if necessary, of the
prescribed of can. 1357, which makes it possible to reacquire the state of
aunt pending recourse to the competent superior, or can. 1048,
which allows you to exercise the Order pending the appeal, in most cases
hidden, urgent, and if there is the danger of serious damage or infamy.
A very special court, therefore, that of the Penitentiary.
Classifying this body among the courts, and indeed, in first place
“Perhaps we wanted to give a particular meaning to this, by reminding us
that our life - earthly and all the more eternal - is not marked by
justice, but by the mercy of God " 29 .

AND GIDIO M IRAGOLI

Via Madre Cabrini, 2
26900 Lauds

28 L. D E M AGISTRIS - UM T ODESCHINI , The Apostolic Penitentiary , cit. p. 426.

29 Z. G ROCHOLEWSKI , The courts, cit., P. 397.

https://translate.googleusercontent.com/translate_f 11/11