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Latae sententiae (Latin meaning: "of a judgment having been brought") andferendae sententiae (Latin meaning: "of a judgment having to be brought") are wayssentences are imposed in theCatholic Church in itscanon law.[1]
Alatae sententiae penalty is a penalty the liability for which is imposedipso facto, automatically, by force of the law itself, at the very moment a law is contravened; the fact that the offender is subject to the penalty is thus axiomatic. Aferendae sententiae penalty is a penalty that is imposed on a guilty party only after a case has been brought and decided by an authority in the Church.[2]
The1983Code of Canon Law, which bindsCatholics of theLatin Church, inflictslatae sententiaecensures for certain forbidden actions. The current canon law that binds members of theEastern Catholic Churches, theCode of Canons of the Eastern Churches, does not includelatae sententiae penalties.[3]
The application of alatae sententiae penalty requires no intervention by ajudge. It falls therefore mainly to individual faithful who, if they have committed acrime for which alatae sententiae penalty is envisaged, must conscientiously assess the existence of some mitigating circumstance.[4]
The censures that the1983Code of Canon Law envisages areexcommunication,interdict, andsuspension. Excommunication prohibits participation in certain forms ofliturgical worship and church governance.[5] Interdict involves the same liturgical restrictions as excommunication, but does not affect participation in church governance.[6] Suspension, which affects only members of the clergy, prohibits certain acts by a cleric, whether the acts are of a religious character deriving from hisordination ("acts of the power of orders") or are exercises of his power of governance or of rights and functions attached to the office he holds.[7]
Unless the excusing circumstances outlined incanons 1321–1330[8] exist, the1983Code of Canon Law (significantly updated in 2021)[9] imposeslatae sententiae excommunication on the following:
Legislation outside of the 1983Code of Canon Law may also decreelatae sententiae excommunication. An example is that governingpapal elections, which applies it to persons who violate secrecy, or who interfere with the election by means such assimony or communicating theveto of a civil authority.[19]
Theipso facto excommunication that applied before 1983 to Catholics who became members ofMasonic associations was not maintained in the 1983Code of Canon Law that came into force in that year. However, theHoly See has declared that membership remains forbidden and that "The faithful who enrol in Masonic associations are in a state of grave sin and may not receive Holy Communion".[20]
Instances in which one incurs alatae sententiaeinterdict include the following:
An example of an interdict that is notlatae sententiae but insteadferendae sententiae is that given in canon 1374 of the 1983Code of Canon Law: "One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdict."[24]
Automaticsuspension applies to clerics (those who have been ordained at least to the diaconate) in the following cases:
Ferendae sententiae suspension (along with other punishments) is to be inflicted on any cleric who openly lives in violation of chastity[32] and on any priest who "in the act, on the occasion, or under the pretext of confession" solicits a penitent to a sexual sin.[33]
If one commits an ecclesiastical offence for which aferendae sententiae punishment is prescribed, the penalty takes effect only when imposed by the competent ecclesiastical authority.[2] It can also happen that the ecclesiastical authority issues a declaration that a particular individual has in fact incurred alatae sententiae censure. In both these cases the effects are more severe than those of a merely automatic censure.[34]
Those under interdict or excommunication of any kind are forbidden to receive thesacraments, including theEucharist.[35] If the excommunication has been imposed or declared, others are obliged to prevent the censured person from acting in a ministerial capacity in the liturgy or, if this proves impossible, to suspend the liturgical service;[36] and the censured person is not to be admitted to Holy Communion[37] (seecanon 915).
Apart from cases where remission of a censure is reserved to the Holy See, it is for theordinary responsible for its infliction or, after he has been consulted or in extraordinary circumstances in which such consultation is not possible, the ordinary of the locality where the censured person is present to remit a declared or imposed censure established by law.[38] However, an ordinary can remit a merely automatic censure for his subjects, wherever they are, and for anyone present in his territory or who committed the delict in his territory, and any bishop can remit merely automatic censures for anyone whose sacramental confession he is hearing.[39]
If a penitent finds it burdensome to remain in grave sin for the duration of the time necessary for obtaining remission by the competent authority from an undeclaredlatae sententiae excommunication or interdict that excludes the penitent from the sacraments, the confessor may immediately remit the censure in theinternal sacramental forum, while requiring the penitent to have recourse within one month to the competent authority.[40]
Remission cannot be granted to someone who maintainscontumacy, nor can it be denied to someone who withdraws from contumacy.[41]
