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The Catholic Church's Code of Canon Law states (Canon 1401): By proper and exclusive right the Church adjudicates: 1) cases which regard spiritual matters or those connected to spiritual matters; 2) the violation of ecclesiastical laws and all those matters in which there is a question of sin, in what pertains to the determination of culpability and the imposition of ecclesiastical penalties. Canon 1405 further states: It is solely the right of the Roman Pontiff himself to judge in the cases mentioned in ⇒ can. 1401:

  1. those who hold the highest civil office of a state;
  2. cardinals;
  3. legates of the Apostolic See and, in penal cases, bishops;
  4. other cases which he has called to his own judgment.

The effect of these ordinances would appear to be that the secular authorities are to be excluded from judging clergy (or heads of state) who have committed sins even when (also) covered by a nation's criminal code. In mediaeval times, the right of clergy to be judged by the Church alone was indeed enforced whenever possible. In modern times, we now find that bishops have been protecting priests accused of sexual abuse and, if guilt is proven, imposing minor ecclesiastical penalties.

Times have changed, and we see all over the world that courts insist that national laws apply to all clergy, whether Catholic or otherwise. Regular news items tell us that clergy are now prosecuted for theft, fraud and money laundering. Priests and bishops have been brought before the courts for sexual abuse of children and for attempting to hide the truth of these crimes from the secular authorities. In many jurisdictions, the Church hierarchy is obliged under law to advise police or other relevant authorities when the have grounds for suspicion of paedophilia committed by members of the Church.

The Code of Canon Law notwithstanding, the authority of popes and bishops to be the sole judges of the clergy has disappeared, other than within the Vatican City.

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