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189 Law & Just. - Christian L. Rev. 142 (2022)
The Penal Consequences of the Violation of the Seal of Confession

handle is hein.journals/ljusclr189 and id is 41 raw text is: 142 THE PENAL CONSEQUENCES OF THE VIOLATION OF THE SEAL OF CONFESSION JOHN POLAND Abstract: This article examines the various elements involved in the offence, or the delict, of the violation of the seal of confession in the canon law of the Latin (Catholic) Church. It looks at issues relating to the subjects of the delict as well as the object of the offence, the imputability involved, and the penalties which are incurred. Some of the questions and issues raised are intended to be speculative in nature, and the commentary offered draws on matters raised by commentators on the delict in the 1917 law, and the law of the Corpus Iuris Canonici. For this reason, the analysis is largely historically based, with references provided for future research. Introduction Canon 983 of the 1983 Code of Canon Law (CIC83) provides the normative discipline regarding the seal of confession, namely, that the sacramental seal is inviolable ('sacramentale sigillum inviolabile est'). According to the canon, inviolability means that it is absolutely wrong and so prohibited or forbidden ('nefas est') for a confessor to betray the penitent, in words or in any other way, and for whatever reason. The term 'nefas est' is used on only a few occasions in the 1983 Code and it expresses the position that the prohibition admits of no exception.1 This is a juridical understanding of a term which arguably has more resonance with moral theology. The term 'inviolability' in CIC83 can. 983 § 1 is analysed primarily in relation to the betrayal caused to the one confessing, although this is not the only reason. Historically, we see two main explanations for the existence of the prohibition: the good of the penitent, and the good of the sacrament itself. It is taken to be of ecclesiastical, natural and divine law.2 The source canon in the 1917 Code, namely CIC17 can. 889, is largely similar. Instead of 'nefas est', the canon requires the confessor to take care diligently ('caveat diligenter confessarius') not to betray even in part the sinner either in words, signs, or in any other way and for whatever reason. 'Betrayal' then is concerned with a manifestation or revelation of the matter For other uses of 'nefas est' see CIC83 can. 927, 1026, 1190 § 1. Cf. F.R. McManus, 'The Sacrament of Penance', in J. Beal, J. Coriden, T.J. Green, New Commentary on the Code of Canon Law, (New York, Mahwah, New Jersey: Paulist Press, 2000, 1138-1178) p. 1164. 2 Cf. F.X. Schmalzgrueber, Ins ecclesiasticum universum, vol. 5, part 2, (Rome: Ex Typographia Rev. Cam. Apostolicae, 1845) p.335.

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