Rola środków zapobiegawczych w kanonicznym prawie karnym. Czy możliwy jest od nich rekurs?
THE ROLE OF PREVENTIVE MEASURES IN CANONICAL CRIMINAL LAW. IS IT POSSIBLE TO APPEAL AGAINST THEM?

Summary/Abstract: The purpose of the canonical administrative and criminal procedure is to ensure a fair trial (suspect – accused) of cases concerning delicta contra mores offenses. Therefore, in the course of the preliminary investigation, an ordinary imposes preventive measures, which are supposed to achieve a specific purpose. They are not punishments, but administrative acts which serve many entities. The doctrine in this matter has undergone a specific evolution. The regulations contained in the Code of 1917 forbade appealing against a decree which contained such measures. The current legal regulations allow the submission of a recourse in this area. It should be based on the rules concerning hierarchical recourses. The Congregation for the Doctrine of the Faith is the competent superior in this area, because it makes final decisions in relation to all the issues connected with delicta graviora offenses. Unfortunately, they are very rare, because lawyers or solicitors are not allowed to suggest this type of solution to suspects at the preliminary investigation level.

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