The Offence of Failing to Observe the Duty to Execute a Penal Sentence or Decree (Canon 1371 § 5 CIC)

Abstract

This article discusses the offence of failure to observe the duty to execute a penal sentence or decree.[1] This is a new offence in the Code of Canon Law defined during the recent revision of criminal canon law by the Apostolic Constitution Pascite gregem Dei of 23 May 2021. Canon 1371 § 5 addresses the negative experience of recent years especially with regard to the sexual abuse of minors by clerical persons. The active subject of the offence is the ecclesiastical Superior who is obliged to effectively execute an executive sentence and carry out the orders and prohibitions contained therein against the offender. However, the concept of executing an executive sentence is vague. Some doctrinal representatives even question the need for the concept, considering that the punishment is effective in itself, without the need for additional “execution.” This, in light of Canon 18, could make it difficult to enforce the new provision.