Analysis of the Canonical Penal Process in Light of the Minimum Conditions of the Adversarial Principle

Abstract

The article covers the issue of the scope of the adversarial principle in the canonical penal process. In this context, consideration is given to the minimum conditions for the adversarial nature of the proceedings in the canonical process under analysis with regard to its elements, i.e. action as a procedural impulse, the designation of the object of the trial, the parties to the dispute and the person competent to settle it, equality of the litigants, the minimum disposition of the parties, the procedural authority with the attributes of independence and impartiality. In conclusion, it should be stated that the judicial penal process generally meets the minimum conditions for the validity of the adversarial principle.