Betrayal of the seal of confession in the current ecclesiastical legislation

Abstract

Sacrament of penance as a sign of reconciliation between God and man, and exercised in the Church community obliges the minister to the humble and dispositional services to people wishing to experience the Divine Mercy, but it also requires the minister to prudence, sensitivity and delicacy, and above all to maintain absolute secrecy regarding the sins espoused by the penitent. The secret of confession is absolutely inviolable. It derives not only from ecclesiastical law, but above all has a basis in the law of God. Hence the confessor was obliged to secrecy of confession, which applies it to the end of life and does not stop even after the death of the penitent. The seal of confession is protected on one side by prohibiting, under penalty of using the knowledge acquired in the act of confession, followed by non-clerics interviewed as a witness on circumstances learned during confession. On the other hand, secular legislation out of respect for the Church’s canon law incorporates the principles and provisions excludes the possibility of questioning as a witness of the clergy of the facts about which they learned during confession. The entity, which may allow a betrayal of the seal of confession is the only minister of the sacrament of penance and reconciliation, because he owes a duty of confidentiality. Translator or a third-hearing confession by the case are obliged to secrecy of confession. The sacramental may be affected in two ways: either directly or indirectly. Direct betrayal occurs when the minister of the sacrament of penance and reconciliation talking about a specific person mentions the fact that familiar with her confession. Indirect betrayal arises when the confessor reveals the matter of confession, but without disclosing the person of the penitent or vice versa. From the way breach of confidentiality of confession, and thus the gravity of the betrayal of the sacramental seal, the legislature church addicted criminal sanctions. Betrayal of the sacramental seal is a crime for which the canonical penal law provides for appropriate sanctions. Direct betrayal of the seal of confession triggers penalties in the form of a penalty of excommunication latae sententiae reserved to the Congregation for the Doctrine of the Faith. Indirect betrayal, because of the lighter nature of the crime is punishable by an unspecified, appropriate to the gravity and sanity action. Punishable acts consisting of betrayal secret confession barred after ten years from the date of the offense.