(in Polish) Delicta contra mores nel diritto e nella prassi della Chiesa Cattolica

elementary

enter learning outcome code/codes

The aim of the course is to familiarize students with the basic issues of canon law considered in the context of sexual offences. The lecture will be based on current canon law (common and particular). Presented issues will be discussed from the perspective of the latest changes and amendments, in particular pertaining to sexual offences. The aim of the lectures is to provide students with knowledge of canon law, which will allow them to explain court cases involving sexual offences.

The Church has always, and perhaps especially in the present age, having regard to sexual revolution and liberation, established penal laws intended to guard the sixth commandment of the Decalogue and thus to uphold the dignity and rights of the human person in the area of sexuality.

The efforts of the Church to guarantee the due protection of the values declared in the sixth commandment of the Decalogue are evident, among others, with regard to the protection of minors from sexual abuse. However, it is worth asking whether the penal protection of the sixth commandment of the Decalogue is today limited only to the gravest violations, such as all possible forms of sexual abuse of minors by clergy, or whether it also embraces other de sexto delicts committed not only by clergy. Moreover, in light of accusations against the Church today, it seems most legitimate to ask whether the canon law now in force (both common and particular) is in fact up-to-date.

The classes aim at answering the above questions.

Literature

Compulsory literature:

1. COMOTTI G., I delitti contra sextum e l’obbligo di segnalazione nel Motu Proprio Vos estis lux mundi, Ius Ecclesiae 32 (2020), pp 239-268.

2. De PAOLIS V., Delitti contro il sesto comandamento, Periodica 82 (1993), pp 293-316.

3. Di VEROLI M., Pedopornografia: aspetti tecnico informatici utili all’accertamento delle responsabilità penali da parte dell’autore, w: Quaderni di Ius Missionale, I delicti riservati alla Congragazione per la Dottrina della Fede, a cura di Andrea D’Auria – Claudio Papale, Città del Vaticano 2014, pp 131-159.

4. PAPALE C., Aspetti procedurali e prassi della Congregazione per la Dottrina della Fede, Ius Missionale 13 (2019) 203-214.

5. PAPALE C., I delitti contro la morale, w: Quaderni di Ius Missionale, I delicti riservati alla Congragazione per la Dottrina della Fede, a cura di Andrea D’Auria – Claudio Papale, Città del Vaticano 2014, pp 29-46.

6. PAPALE C., Il can. 1395 e la connessa facoltà speciale di dimissione dallo stato clericale in poenam, Ius Missionale 2 (2008), pp 39-57.

7. SUCHECKI Z., La tutela penale dei minori presso la Congragazione per la Dottrina della Fede riguardo ai delicta graviora, Apollinaris 79 (2006), pp 719-732.

Optional literature:

1. ARRIETA J.I., Riservatezza e dovere di denuncia, Il Regno 65 (2020) pp 18-20.

2. CAMPONI C., La tutela penale del minore nell’ordinamento canonico con particolare riferimento alla fatispecie sub can. 1395 § 2, Roma 2003.

3. CUCCI G. - ZOLLNER H., Chiesa e pedofilia. Una ferita aperta. Un approccio psicologico-pastorale, Venezia 2010.

Learning outcomes (LO) and ECTS credits

In terms of knowledge:

LO 1- the student has a structured and broader knowledge of the basic issues of canon law, especially pertaining to sexual offences.

LO 2 - the student knows basic terminology of canon law pertaining to sexual offences.

In terms of skills:

LO 3 - the student is able to enumerate the basic sources of canon law, as well as to interpret the provisions pertaining to sexual offences.

LO 4 - the student is able to use the norms of canon law in order to solve specific contemporary legal problems regarding sexual offences.

In terms of social competence:

LO 5 - the student is able to plan and organize individual work aimed at learning theoretical and practical content of canon law pertaining to sexual offences.

LO 6 - the student notices the current legal issues of the Catholic Church, especially regarding sexual offences and tries to handle them using the acquired knowledge.

ECTS:

Lectures - 30h

Pass a course - 2h

Students activities (tasks) - 30h

Mini projekt in group-presentation - 60h

Reading obligatory literature - 28h

Assessment methods and criteria

Evaluation referring to LO 1-6

grade 2 (fail):

- the student does not command sufficient knowledge of the basic issues of canon law pertaining to sexual offences and is not familiar with the basic terminology in the above-mentioned field;

- the student is not able to enumerate the basic sources of canon law, nor to interpret the basic provisions of canon law pertaining to sexual offences or to use the norms of canon law in order to solve particular contemporary legal problems in the above-mentioned field;

- the student is not able to plan and organize individual work aimed at assimilating theoretical and practical content of the basic issues concerning canon law pertaining to sexual offences and is not able to identify the current legal problems of the Catholic Church, especially in the above-mentioned field, and once the student identifies them, he/she does not engage in solving them applying the acquired knowledge.

grade 3 (sufficient)

- the student exhibits sufficient but limited knowledge of the basic issues of canon law, especially pertaining to sexual offences and knows the basic terminology in the above-mentioned field to a limited extend;

- the student is able, to a limited extent, to enumerate the basic sources of canon law, as well as to interpret the provisions of canon law pertaining to sexual offences or to use the norms of canon law in order to solve particular contemporary legal problems in the above-mentioned field;

- the student is able, to a limited extent, to plan and organize individual work aimed at assimilating theoretical and practical content of the basic issues concerning canon law pertaining to sexual offences and is able, to a limited extent, to identify the current legal problems of the Catholic Church, especially in the above-mentioned field, and once the student identifies them, he/she gets sufficiently involved in solving them applying the acquired knowledge.

grade 4 (satisfactory)

- the student has a sound knowledge of the basic issues of canon law, especially pertaining to sexual offences and knows a significant portion of the basic terminology in the above-mentioned field;

- the student can correctly enumerate the basic sources of canon law, as well as to interpret the provisions of canon law pertaining to sexual offences and can safely use the norms of canon law in order to solve particular contemporary legal problems in the above-mentioned field;

-- the student can properly plan and organize individual work aimed at assimilating theoretical and practical content of the basic issues concerning canon law pertaining to sexual offences and can properly identify the current legal problems of the Catholic Church, especially in the above-mentioned field, and once the student identifies them, he/she gets moderately involved in solving them applying the acquired knowledge.

grade 5 (excellent)

- the student has a thorough knowledge of the basic issues of canon law, especially pertaining to sexual offences and fully knows the basic terminology in the above-mentioned field;

- the student can correctly and comprehensively enumerate the basic sources of canon law, as well as to perfectly interpret the provisions of canon law pertaining to sexual offences and can accurately use the norms of canon law in order to solve particular contemporary legal problems in the above-mentioned field;

- the student can correctly and comprehensively plan and organize individual work aimed at assimilating theoretical and practical content of the basic issues concerning canon law pertaining to sexual offences and can properly identify the current legal problems of the Catholic Church, especially in the above-mentioned field, and once the student identifies them, he/she most often gets involved in solving them applying the acquired knowledge.

Course credit and the final grade are drawn from the following:

- class attendance (two unexcused absences are allowed, beyond two unexcused absences the final grade will drop by half a grade);

- student engagement (asking questions, providing answers, participating in discussions);

- a colloquium grade at the end of the semester (three questions will be randomly selected from a pool of previously submitted theses).