PROPUŠTĚNÍ Z DUCHOVNÍHO STAVU A SESAZENÍ NA NIŽŠÍ STUPEŇ SVĚCENÍ PODLE KODEXU KÁNONŮ VÝCHODNÍCH CÍRKVÍ Z R. 1990
DISMISSAL FROM THE CLERICAL STATE AND THE DEGRADATION TO THE LOWER GRADE ACCORDING TO THE CODE OF CANONS OF ORIENTAL CHURCHES FROM 1990

Summary/Abstract: The article initially mentions the main features of the oriental penal canon law and its differences from the Latin penal canon law: the main and unique goal of the penalty in the CCEO is the remedy of the delinquent. The other differences are the following: penalties latae sententiae do not exist in the oriental penal canon law; the principle of legacy is strictly required as a defense against arbitrariness; there are no retaliatory penalties, on the contrary, all the penalties are remedial or censurae. However, the main scope of the article is the presentation of two penalties: the penalty of dismissal from the clerical state and the degradation to the lower grade. While the penalty of dismissal in the CCEO corresponds to the Latin regulation in the CIC, the penalty of degradation is typically oriental and has no parallel in the Latin code. The way in which this penalty is contained in the oriental ecclesiastic tradition is illustrated by examples of facts of the crimes penalized by the Apostolic canons and by the canons of the Council in Trullo with degradation.

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