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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.[3] It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.[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". It was an internal document for use by the Curia,[5] describing how the rules in the Code of Canon Law:[6] on dealing with such cases, were to be implemented, and directed that the same procedures be used when dealing with denunciations of homosexual, paedophile or zoophile behaviour by clerics. Dioceses were to use the instruction for their own guidance and keep it in their archives for confidential documents;[7] they were not to publish the instruction nor produce commentaries on it.[8]
Crimen sollicitationis remained in effect until 18 May 2001, when it was replaced by new norms promulgated by the papal motu proprio Sacramentorum sanctitatis tutela of 30 April of the same year.[9][10] Normally it would have ceased to have effect with the entry into force of the 1983 Code of Canon Law, which replaced the 1917 Code on which the 1962 document was based, but it continued in use, with some necessary adaptations, while a review of it was carried out.[11][12]
- ^ "Crimen sollicitationis habetur cum sacerdos aliquem poenitentem, quaecumque persona illa sit, vel in actu sacramentalis confessionis ..." (opening words of the document)
- ^ Owen Bowcott (18 August 2003). "Row over Vatican order to conceal priests' sex abuse". the Guardian.
- ^ De delictis gravioribus, footnote 3
- ^ Murphy Report Archived 17 January 2010 at the Wayback Machine, Irish Government, 2009. Para 4.18-19
- ^ Ottaviani, A. "On the Manor of Proceeding in Causes of Solicitation", CDF, 16 March 1962
- ^ Codex Iuris Canonici (1917), Liber quartus: De processibus
- ^ The rules concerning the secret archives, distinct from the general archives and the historical archives, are explained in John P. Beal, James A. Coriden, Thomas J. Green, A New Commentary on the Code of Canon Law, 642-644.
- ^ "Servanda diligenter in archivio secreto curiae pro norma interna. Non publicanda nec ullis commentariis augenda" (heading of the Instruction).
- ^ Thomas Doyle, The 1922 Instruction and the 1962 Instruction Crimen sollicitationis Archived 15 July 2011 at the Wayback Machine, section 2
- ^ An English translation of the papal document and of the new norms can be consulted at this site and a guide to procedures regarding accusations of clerical sexual abuse is available on the Holy See website. Archived 3 September 2011 at the Wayback Machine
- ^ De delictis gravioribus, second paragraph
- ^ Doyle, sections 4-6
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