1983 Code of Canon Law

force the rst Sunday of the following Advent,[1] which

was 27 November 1983.[2] In the Apostolic Constitution,
the Pope described the new Code as the last document
of Vatican II.

Code of Canon Law redirects here. For the

code governing the Eastern Catholic Churches,
see Code of Canons of the Eastern Churches.
For the Latin code in eect prior to 1983, see
1917 Code of Canon Law.

In 1998 Pope John Paul II issued the motu proprio Ad

Tuendam Fidem, which amended two canons (750 and
1371) of the 1983 Code of Canon Law and two canons
(598 and 1436) of the 1990 Code of Canons of the Eastern Churches, so as to add new norms which expressly
The 1983 Code of Canon Law (abbreviated 1983 CIC impose the obligation of upholding truths proposed in a
from its Latin title Codex Iuris Canonici) is the codi- denitive way by the Magisterium of the Church, and
cation of canonical legislation for the Latin Rite of the which also establish related canonical sanctions.
Catholic Church. It was promulgated on 25 January 1983 On December 15, 2009, Pope Benedict XVI issued the
by John Paul II[1] and obtained the force of law on the motu proprio Omnium in Mentem, which amended ve
First Sunday of Advent (27 November)[2] 1983. It re- canons (1008, 1009, 1086, 1117, 1124) of the 1983 Code
placed the 1917 Code of Canon Law, promulgated by of Canon Law clarifying that, among those in Holy OrBenedict XV on 27 May 1917.
ders, only bishops and priests received the power and mission to act in the person of Christ the Head while deacons obtained the faculty to exercise the diakonias of
service, Word, and charity. The amendments also re1 History
moved formal defection from the Catholic faith as excusing Catholics from the canonical form of marriage.[5]
The current Code of Canon Law is the second comprehensive codication of the non-liturgical laws of the Latin While there have been many vernacular translations of the
Church, replacing the Pio-Benedictine code that had been Code, only the original Latin text has the force of law.[6]
promulgated by Benedict XV in 1917.[3] See also Canon
Law-Codication and Code of Canons of the Eastern
Churches.[4]
For the history of canonical codication, see
Canon law (Catholic Church) and Legal history
of the Catholic Church.

2 Ecclesiological inspiration of the

1983 Code

Pope John XXIII, when proclaiming a new ecumenical

council for the Catholic Church, also announced the intention of revising the 1917 CIC.[1] It was not feasible
to revise the Code of Canon Law until after the conclusion of the Second Vatican Council, so that the decisions
of the Council could guide the revision of ecclesiastical
laws. Several of the council documents gave specic instructions regarding changes to the organization of the
Catholic Church, in particular the decrees Christus Dominus, Presbyterorum Ordinis, Perfectae Caritatis, and Ad
gentes. In 1966, Pope Paul VI issued norms to apply these
instructions through the motu proprio Ecclesiae Sanctae.

The Vatican II Decree Optatam totius (no. 16), in view of

the decision to reform the existing Code, laid down that
the teaching of Canon law should take into account the
mystery of the Church, according to the dogmatic constitution De Ecclesia". The 1917 Pio-Benedictine Code
was in fact structured according to the Roman law division of norms, persons, things, procedures, penalties.
The 1983 Code, in total contrast, was deliberately given
a much more doctrinal-theological structure. Thus it is
congured, as far as possible, according to the mystery
of the Church, the most signicant books - Two, Three
and Four - corresponding to the munus regendi, the munus
sancticandi, and the munus docendi (the missions of
governance, of worship/sanctication, and of teaching)
which in turn derive from the kingly, the priestly and the
prophetic roles or functions of Christ.[7]

The Ponticia Commissio Codici iuris canonici

recognoscendo, which had been established in 1963,
continued the work of revising the Code of Canon Law
through the ponticate of Paul VI, completing the work
in the rst years of the ponticate of John Paul II.

On 25 January 1983, with the Apostolic Constitution

Sacrae disciplinae leges John Paul II promulgated the current Code of Canon Law for all members of the Catholic John Paul II described the ecclesiological inspiration of
Church who belonged to the Latin Rite. It entered into the Code in this way:
1

4 SUMMARY

Structure in detail

4.1 Book I. General Norms (Cann. 1203)

The 1983 Code of Canon Law contains 1752 canons,[8] This part of the Codex contains the general norms. It
or laws, most subdivided into paragraphs (indicated by contains the general rules concerning
"") and/or numbers (indicated by ""). Hence a citation
legal sources
of the Code would be written as Can. (or Canon) 934,
2, 1.[9]
persons
The Code is organized into seven Books, which are further divided into Part, Section, Title, Chapter and Article.
governance and oces
Not every book contains all ve subdivisions.
time
This is the outline of the seven books of the 1983 Code
of Canon Law.
BOOK I. GENERAL NORMS (Cann. 1203)
Explains the general application of laws
BOOK II. THE PEOPLE OF GOD (Cann. 204746)

Legal sources are laws (including custom as a special way

of legislation because of the need of the approval of the
legislator), which contain universal regulations, general
decrees, instructions and statues, which refer to a special
group and in case of statues even are legislated by this
group itself and administrative acts, which only decide
single cases.

Goes into the rights and obligations of laypeople and Persons are physical persons or juridical person. In oppoclergy, and outlines the hierarchical organization of sition to traditional secular legislation, not every person is
a physical person according to the Corpus Juris Canonici.
the Church
One is constituted a person with duties and rights only by
christening.
BOOK III. THE TEACHING FUNCTION OF THE
The Codex the premises for the validity of a juridical act
CHURCH (Cann. 747833)
especially in relation to form, coercion, misapprehension
and lack of participation.
Christian ministry, missionary activity, education,
The power of law is divided in the three authorities of
and social communication
legislative, executive and judiciary. The ability to conBOOK IV. THE SANCTIFYING FUNCTION OF THE duct juridical acts can be joined to an oce or it can be
delegated to a person. Relating to oce, the provision
CHURCH (Cann. 8341253)
and loss of the ecclesiastical oce is regulated.
Sacraments and other acts of worship; places of wor- Time regulates prescription, which goes along with the
national regulations, but can only be achieved in good
ship and feast-days
faith, and denitions of time.
BOOK V. THE TEMPORAL GOODS OF THE
CHURCH (Cann. 12541310)
4.2

Book II. The People of God (Cann.

204746)

Ownership, contracts, and wills; akin to the civil

Book two describes the People of God. It discusses the
Business Law
general rights and obligations of members of the church,
and then discusses the ordering of the church, from the
BOOK VI. SANCTIONS IN THE CHURCH (Cann.
Holy See to the local parish.
13111399)
Adequate to the regulations of part two the hierarchical
constitution of religious and secular institutes and soci Crimes and punishment
eties of apostolic life is shown. A religious institute is a
society in which members, according to proper law, proBOOK VII PROCESSES (Cann. 14001752)
nounce public vows. This book is divided into three parts
Trials and Tribunals

The Christian faithful

The hierarchical constitution of the church

Summary

Institutions of consecrated life and societies of apostolic life.

4.5

Book V. The Temporal Goods of the Church (Cann. 12541310)

The Christian faithful shows the obligations of the faithful in common, those of the lay and those of the sacred
ministers or clerics with special consideration of the formation and enrolment of clerics and personal prelatures.
Furthermore the associations of the Christian faithful especially their recognition as a juridic person are constituted, divided in public, private associations and those of
the lay.
Part II is entitled, The Hierarchical Constitution of the
Church. This part describes the composition, rights and
obligations of the Supreme Authority of the Church, consisting of the Roman Ponti, the College of Bishops, the
Synod of Bishops, the College of Cardinals, the Roman
Curia and the Papal legates. Furthermore the dioceses,
their organisation with bishop curia and synod and their
involvement in ecclesiastical provc vows and lead a life of
brothers or sisters in common. A secular institute is an
institute of consecrated life in which the Christian faithful, living in the world, strive for the perfection of charity
and seek to contribute to the sanctication of the world,
especially from within. Societies of apostolic life do not
use a vow.

4.3

Book III. The Teaching Function of the

Church (Cann. 747833)

Sacred places are those which are dedicated for divine

worship or for the burial of the faithful. The Code knows
ve kinds of sacred places: churches, oratories and private chapels, shrines, altars and cemeteries. Sacred times
are feast days and days of penance.

4.5 Book V. The Temporal Goods of the

Church (Cann. 12541310)
This part of the Corpus Juris is the regulation of the civil
law. There are instructions concerning the acquisition
and administration of goods especially the acquisition by
bestowal either through an act inter vivos or through an
act mortis causa and contracts with special care of alimentation.

4.6 Book VI. Sanctions in the Church

(Cann. 13111399)
Book VI contains the canonical equivalent to secular
criminal law. The book has two parts:
Delicts and penalties in general
Penalties for individual delicts

The rst part declares the necessity of a violation of a law

and shows the limits and requirements of such a penal
law. It determines reasons, which eliminate the punishment as lack the use of reason, nonage (less than seventeen years), mistake in law or facts, missing causality or
intent and self-defence. It also describes social cases as
complicity, wilful default and attempt. Possible penalties
are censures (excommunication and suspension), expiatory penalties (prohibition or an order concerning residence in a certain place or territory, privation of a power,
oce, function, right, privilege, faculty, favor, title or inBook IV. The Sanctifying Oce of the signia) and penal remedies and penances. Finally the right
of the application and cessation of penalties is regulated
[10]

Book III describes the teaching function of the church.

The forms of teaching are the ministry of the Divine
Word in the forms of the preaching of the word of God
and the catechetical instruction, the missionary action of
the church, the Catholic education in schools, Catholic
universities and other institutes of higher studies and the
ecclesiastical universities and faculties, the instruments
of communication and books in particular and nally the
profession of faith.

4.4

Church (cann. 8341123)

The second part shows individual delicts, fragmented to

In book four the function of the church and its religious delicts against religion and unity of the church, against
acts are explained. This book is composed of three parts ecclesiastical authorities and the freedom of the church,
against special obligations, against human life and freedom, usurpation of ecclesiastical functions and delicts in
the sacraments
their exercise and the crime of falsehood. In addition to
these cases (and those stated in other laws) the external
the other acts of divine worship
violation of a divine or canonical law can be punished,
when the special gravity of the violation demands pun sacred places and times
ishment and there is an urgent need to prevent or repair
scandals.
The sacraments are baptism, conrmation, the most holy
Eucharist, penance, anointing of the sick, holy orders and
marriage. These sacraments are described with condi- 4.7 Book VII. Processes (Cann. 1400
tions, ceremony and participants.

1752)

Other acts of divine worship are sacramentals, the liturgy

of the hours, ecclesiastical funerals, the veneration of the Book VII contains the legal procedure. It is divided in 5
saints, sacred images and relics and the vow and oath.
parts.

6
Trials in general
The contentious trial
Special processes

REFERENCES

4.7.4 Part IV
Part four shows the proceedings of the penal process, with
the preliminary investigation, the trial, and the adhesive
procedure.

The penal process

The method of proceeding in administrative re- 4.7.5 Part V
course and in the removal or transfer of pastors
The last part shows the methods of proceeding in administrative recourse, which can be made by any person who
4.7.1 Part I
claims to have been aggrieved by a decree, and the removal or transfer of pastors with display of the reasons
The rst part trials in general denes the court system, its for the removal or transfer.
two local instances and the Roman Ponti as the supreme
judge with the representation by the tribunals of the The nal canon, 1752, ends with a reminder that the
Apostolic See, especially the Roman Rota. It determines supreme law of the Church is the salvation of souls (comthe participants of the lawsuit, the judge, the auditors monly formulated Salus animarum lex suprema est.)
and relators, the promoter of justice, the Defender of
the Bond, the notary, the petitioner, the respondent, and
the procurators for litigation and advocates. Finally it de- 5 Notable canons
scribes the discipline to be observed in tribunals, with the
duty of judges and ministers, the order of adjudication, Canon 97 reduces the canonical age of majority from 21
the time limits and delays, the place of the trial, the per- to 18, according to the consensus of civil law.
sons to be admitted to the court, the manner of preparing
and keeping the acts, and the actions and exceptions in Canon 332 governs papal resignations
general and specic.
Canons 823 to 824 decree that bishops are obligated to
censor material concerning faith or morals.
4.7.2

Part II

The contentious trial begins with the introductory libellus

of litigation and the citation and notication of juridical
act. The joinder of the issue occurs when the terms of the
controversy are dened by the judge, through a decree of
the judge. Further on, this part explains the trial of the
litigation, especially the absence of a party, the intervention of a third person and the proofs. There are six kinds
of proof: declarations of the parties, documents, testimonies, experts, judicial examination and inspection, and
presumptions. After taking evidence the acts are published, the case concluded and then discussed. The case
ends with the sentence of the judge. The sentence can be
challenged by complaint of nullity and by appeal. Finally
the res inducta and restitutio in integrum, the execution
of the judgement, the judicial expenses and gratuitous legal assistance are regulated. As an alternative to this contentious trial there is the possibility of an oral contentious
process.

The implementation of Canon 915 is quite controversial.

See the article Canon 915 for more information.
Canon 916 decrees clergy in mortal sin are not allowed
to celebrate Mass, and laypeople in mortal sin are not allowed to receive the Eucharist, except when they have a
grave reason and there is no opportunity to confess, in
which case they must make an Act of Perfect Contrition
and confess their mortal sins as soon as possible.
Canon 919 1 decrees a one-hour fast before the reception of the Eucharist (this fast does not include water or
medicine).

6 References
[1] Sacrae Disciplinae Leges, accessed Jan-11-2013
[2] NYTimes.com, "New Canon Law Code in Eect for
Catholics", 27-Nov-1983, accessed June-25-2013
[3] Ap. Const. Providentissima Mater Ecclesia

4.7.3

Part III

Part three denes special processes and their special regulations, the process for declaring the nullity of marriage,
cases of separation of spouses, process for the dispensation of a marriage ratum sed non consummatum, the
process in the presumed death of spouses, and cases for
declaring the nullity of sacred ordination. This part also
shows methods of avoiding trials.

[4] http://www.newadvent.org/cathen/09056a.htm
[5] Leaving the Catholic Church no Longer Possible.
[6] CanonLaw.info, accessed Jan-11-2013
[7] Confer CANON LAW AND COMMUNIO Writings on
the Constitutional Law of the Church, 1, 1, at .
[8] Dr. Edward N. Peters, CanonLaw.info A Simple
Overview of Canon Law, accessed June-11-2013

[9] Alesandro, John (2008), The Code of Canon Law:

Twenty-Five Years Later, New Theology Review (May):
515
[10] IntraText, accessed Jan-11-2013

External links
[1983] Codex Iuris Canonici (original and sole ocial Latin text)
Code of Canon Law with the 1998 modication of
canons 750 and 1371 (English translation by the
Canon Law Society of America)
Code of Canon Law (English translation by the
Canon Law Society of Great Britain and Ireland, assisted by the Canon Law Society of Australia and
New Zealand and the Canadian Canon Law Society)

8 TEXT AND IMAGE SOURCES, CONTRIBUTORS, AND LICENSES

Text and image sources, contributors, and licenses

8.1

Text

1983 Code of Canon Law Source: http://en.wikipedia.org/wiki/1983%20Code%20of%20Canon%20Law?oldid=646651154 Contributors: Gentgeen, Pol098, GregorB, BD2412, Quidam65, Absolwent, Saint-Louis, Ktr101, Addbot, Yobot, AnomieBOT, Omnipaedista,
Esoglou, John of Reading, CanonLawJunkie, ClueBot NG, Kikichugirl, Oct13, Iuris-can and Anonymous: 11

8.2

Images

File:Scale_of_justice,_canon_law.svg Source: http://upload.wikimedia.org/wikipedia/commons/3/30/Scale_of_justice%2C_canon_

law.svg License: CC BY-SA 3.0 Contributors: Own work Original artist: Ktr101

8.3

Content license

Creative Commons Attribution-Share Alike 3.0