Los delitos contra la recta administración del patrimonio
The present study makes a brief exposition of the criminal discipline in patrimonial matters in the CIC 83 and the prevailing drafting criteria; the legal discipline and interest that the new rules of Book VI seek to protect and some considerations of transitory law. Following this outline, it is sh...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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2023
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9038099 |
| Baliabidea: | Anuario de derecho canónico : revista de la Facultad de Derecho Canónico integrada en la UCV, ISSN 2254-5093, Nº. 12, 2023, pags. 145-162 |
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| Laburpena: |
The present study makes a brief exposition of the criminal discipline in patrimonial matters in the CIC 83 and the prevailing drafting criteria; the legal discipline and interest that the new rules of Book VI seek to protect and some considerations of transitory law. Following this outline, it is shown that the philosophy related to criminal matters of CIC 83 was substantially different from that of CIC 17. The approach was intended to be disciplinary and pastoral, considering the principle of decentralization as well. Although CIC 83 was elaborated with technical rigor, in a synthetic and essential way, the prevailing principles in the drafting of the canons resulted in situations of legal uncertainty. Patrimonial crimes punished those who prevented the legitimate use of ecclesiastical property, the sale of ecclesiastical property without the proper license, active and passive bribery, and illegitimate profit made from the stipends of the Mass (cc. 1375, 1377, 1385 and 1386); and c.1392 penalized the illegal trade or negotiation of clergy and religious. However, it was necessary for canonical penal discipline to protect, on the one hand, the ecclesiastical patrimony, its management and conservation and, on the other hand, the situations of lack of exemplary character and non-observance of obligations in relation to the ecclesiastical patrimony by the ministers of the church. The wording of the assumptions of fact of the crimes now regulated in the cc. 1376 and 1377 that can potentially be committed by any faithful Christian with wealth management positions has tied to be improved. On the other hand, the duties of clergy and consecrated people are protected in c. 1393. Finally, issues of transitional law and prescription are addressed. |
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