Crimen sollicitationis

Jus novum (c. 1140-1563) Jus novissimum (c. 1563-1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of the faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life Crimen sollicitationis (Latin for On the Manner of Proceeding in Cases of the Crime of Solicitation[2]) is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents.

[4] The 1962 document, approved by Pope John XXIII and signed by Cardinal Alfredo Ottaviani, Secretary of the Holy Office, was addressed to "all Patriarchs, Archbishops, Bishops and other Local Ordinaries, including those of Eastern Rite".

[11][12] In line with the opening words of the document, 70 of the 74 paragraphs of which it was composed dealt with cases concerning sexual advances during the sacrament of Penance, repeatedly referring to the complainant or injured party as "the penitent" (the person confessing sins); the final four paragraphs laid down that its contents applied also to crimen pessimum (the foulest crime), namely a homosexual act, with which were equated, for penal effects, any perpetrated or attempted externally obscene act with pre-adolescent children or brute animals.

While it is true that such acts were covered by Crimen sollicitationis, canon lawyers have argued that the secrecy provisions of the document "would not have tied the hands of a bishop, or anyone else, who wanted to report a crime by a priest to the police".

Except in connection with the sacrament of Penance, canon law imposed no legal obligation – though a moral one might exist – to denounce clerics guilty of engaging in or attempting a homosexual act; but the procedure described in Crimen sollicitationis was to be followed also in dealing with such accusations (71–72).

Since Crimen sollicitationis was primarily concerned with offenses committed in the confessional, this "...presented particular problems of investigation, because in most cases the priest could not be interrogated fully without putting the seal of confession in danger.

The document imposed absolute confidentiality on the trial's proceedings (explicitly excepting "what may happen to be lawfully published when this process is concluded and put into effect", the term "published" meaning "publication of the evidence" in Canon Law, or the conclusion of the "discovery phase" in a civil trial, before the verdict is rendered), both during its conduct and after any concluding verdict had been put into effect: Quoniam vero quod in hisce causis tractandis maiorem in modum curari et observari debet illud est ut eaedem secretissime peragantur et, postquam fuerint definitae et executioni iam traditae, perpetuo silentio premantur (Instr.

Since, however, in dealing with these causes, more than usual care and concern must be shown that they be treated with the utmost confidentiality, and that, once decided and the decision executed, they are covered by permanent silence (Instruction of the Holy Office, 20 February 1867,No.

The oath of office to be taken by the members of the tribunal was given as Formula A: Spondeo, voveo ac iuro, inviolabile secretum me servaturum in omnibus et singulis quae mihi in praefato munere exercendo occurrerint, exceptis dumtaxat iis quae in fine et expeditiones [recte: expeditione] huius negotii legitime publicari contingat ... neque unquam directe vel indirecte, nutu, verbo, scriptis, aut alio quovis modo et sub quocumque colorato praetextu, etiam maioris boni aut urgentissimae et gravissimae causae, contra hanc secreti fidem quidquam commissurum, nisi peculiaris facultas aut dispensatio expresse mihi a Summo Pontifice tributa fuerit.

I do promise, vow and swear that I will maintain inviolate secrecy about each and every thing brought to my knowledge in the performance of my aforesaid function, excepting only what may happen to be lawfully published when this process is concluded and put into effect ... and that I will never directly or indirectly, by gesture, word, writing or in any other way, and under any pretext, even that of a greater good or of a highly urgent and serious reason, do anything against this fidelity to secrecy, unless special permission or dispensation is expressly granted to me by the Supreme Pontiff.

Interviewed for a television programme in 2006, canon lawyer Thomas Doyle is quoted as saying that the tight secrecy demanded for the procedure as "an explicit written policy to cover up cases of child sexual abuse by the clergy, to punish those who would call attention to these crimes by churchmen".

[22] A New York Times article published on 1 July 2010 said that the 1962 instruction was a restatement of that of 1922, giving the Sacred Congregation of the Holy Office authority to prosecute clergy accused of sexual abuse.

"[24] At a meeting in Rome in 2000, Archbishop of Adelaide, Philip Wilson, drew Vatican officials' attention to the long forgotten Crimen sollicitationis which gave CDF jurisdiction.

Pope John Paul II subsequently issued Sacramentorum Sanctitatis Tutela directing that all cases of sexual abuse by priests be handled by the CDF.