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Page:Catholic Encyclopedia, volume 17.djvu/254

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OBIME IN OANOK LAW 238 0RIMMIK8

constitute distinct crimes. These provisions about excuses when the law emplo3rs the words "pre- co-operation have a special importance inasmuch as sume," dare/' "knowingly, "deliberately/' /'rash- certain co-operators mentioned expressly as cen- ly," or similar terms implying full knowledge and sured in the Constitution "Apostolics Sedis" are deliberation; (c) when such expressions are not passed by in silence in the provisions of the Code found in the law, crass or supine ignorance does imposing excomzminications and suspensions. not excuse: other degrees of i^orance excuse from

An attempted crime occurs when one does or medicinal but not from vindicatory punishments; omits something that would naturally result in an drunkenness, want of care, mental' weakness, pas- actual crime, which, however, does not happen sion, do not excuse from the penalty if the action either because the agent has changed his mind or is grievously sinful; nor does grave fear, if the has made use of insufficient means. If the means offense involves public spiritual daneer or contempt emploved were sufficient but the crime was pre- of the Faith or ecclesiastical authonty. When not vented by the intervention of a cause independent expressly mentioned, cardinals are not subject to of the agent's will, we have what is called a frus- penal laws, nor are bishops subject to suspension trated crime. The nearer an attempted crime or interdict latoB aententics. Those who have not approaches to fruition the greater is its imputa- reached the age of puberty are excused from penal- bility ; but other things being equal it is less blame- ties latce sententice, but they are to be corrected worthy than a frustrated crime. Nothing, however, by the ordinary methods used in training the young is to be imputed to one who, having set about rather than by censures or other more serious vin- committing a crime, voluntarily desists b^ore its dicatory penalties; their older accomplices or co- accomplishment, provided no injuiy or scandal was operators, however, incur the full punishment, caused by the attempt. A medicinal or vindicatory punishment latas

Punishments.'— The Church has an innate right, senteniioe binds an offender conscious of his fault independent of any human authority, of controlling in both fora; before a declaratory sentence has its oelinquent subjects by both spiritual and tem- been pronounced, however, he is excused from ob- poral penalties. These penalties are: (a) medicinal, serving the censure as often as his reputation would or censures; (b) vindicatory; (c) remedial. There suffer, and in the external forum he need not heed it shoidd be a just proportion between the punishment unless the fault was notorious. No punishment can and a crime; whatever excuses from grave f\nlt be imposed unless it is certain that the crime was excuses from all penalty, and the milder view is to committed and also that judgment has not been prevail in doubtful cases, except when there is ques- barred by lapse of time ; furthermore, when there is tion of the justice or injustice of a penalty inflicted question of inflicting a censure, the offender must by a competent superior. Only tkoee who may first be reprimanded, warned to recede from his enact laws or impose precepts can annex pun- contumacy, and given suitable time to repent, should ishments for the violation of tnese; a vicar general, the case admit of delay; if he then remains con- therefore, cannot inflict a penalty without a special tumacious the censure may be imposed. A judge mandate. Those who legislate may imder certain who in the exercise of his office has imposed a circumstances annex or increase penalties to se- penalty laid down by a superior cannot remit it. cure the observance in their own territory of ex- An ordinary, however, has wide powers: (a) in isting laws, whether divine or enacted by a higher public cases, he can remit all penalties lat(B superior. When a law has no sanction annex^ a sententicB laid down by common law, except in lawful superior may impose a just punishment on cases which are still in court, or if the censure is a subject violating it, even without previous warn- reserved to the Holy See,, or in case of 'inability ins, in case of scandal or of an unusually grave to hold ecclesiastical offices, benefices, dignities, infraction; otherwise the culprit must not be pun- or of loss of active and passive voice, perpetual ished unless the offense took place after due warn- suspension, infamy of law, loss of the right of ing of the impending penalty. A judge may not patronage and Apostolic privileges or favors* (b) in increase the penalty imposed by law, except where occult cases, he can personaUy or by a delegate the crime was committed under extraordinarily remit all censures laia down in the common law, agpgravating circumstances, but he may often re- except those reserved specially or very specially mit it, partially or entirely, especially where the to the Holy See. See Censures; Exoommunica- culprit has sincerely repented and repaired the tion; Suspension.

scandal given or has been or is to be sufficiently Codex jur, can., 2X95-2414; Atbinhac, Penal LegUtation.

punishea by the evil authoritie?. When the num- Orlmmlns, John Daniel, contractor, patron of Der of crimes is very great the number of penalties arts, and philanthropist, b. at New York on 18 need not be increased proportionately; the judge May, 1844; d. there on 9 November, 1917. He might for instance, inflict the heaviest punishment was the son of Thomas and Joanna (O'Keefe) annexed to any of the offenses, with or without any Crimmins, his father bein^ a native of Limerick additional remedial penalty. If a penalty laioB sen^ City, Ireland, who had emigrated to New York in tentia or ferendcs sententUB is imposed as a deter- 1837. After stud3dng in the Jesuit College of St. rent in an individual case it should ordinarily be Francis Xavier, New York, he joined his lather in declared in writing or in presence of two witnesses, the contracting business, and in 1873 he succeeded the reasons for the punishment being given, though as head of the firm, with his younger brother as these may be kept private if the superior so de- partner. Among the notable city works he executed sires. If after a cnme has been committed the were the renovation of Broadway, the construction penal law is changed, the milder law is to be ap- of the Broadway Cable road, the first subways for plied in .punishing; when a later law abolishes a the telegraph and telephone, and the changing of penalty there is to be no punishment, except that the street railways into the present electric railway censures already incurred continue. A penalty binds with its undergroimd power apparatus. In 1868 he the offender everywhere, unless the contrary is married Miss Lily Louise Lalor, and at the time of clearly stated. his death was survived by five sons and five dau^-

In regard to punishments latcs sententics, (a) af- ters. He was buried by tha side of his wife, who fected Ignorance, whether of law or the penalty died in 1888, in a mortuary chapel erected by him alone, never excuses; (b) any diminution of re- in the convent of the Dominican Nuns of the sponsibility, arising from the intellect or the will« Perpetual Adoration, Hunts Point, New York.