Specificity of Sentence Processing in the Canonical Briefer Process of the Nullity of Marriage

• Main Author: Aleksandra Rybaczek
• Format: Article
• Language: deu
• Published: Towarzystwo Naukowe Katolickiego Uniwersytetu Lubelskiego Jana Pawła II 2018-06-01
• Series: Kościół i Prawo
• Subjects: Mitis Iudex Dominus Iesus; biskup diecezjalny; pewność moralna; wyrok; stwierdzenie nieważności małżeństwa
• Online Access: http://czasopisma.tnkul.pl/index.php/kip/article/view/9693
• ISSN: 0208-7928; 2544-5804

The briefer process of the nullity of marriage is one of the most important reform introduced by Pope Francis in motu proprio Mitis Iudex Dominus Iesus. This new institu­tion attributes to the diocesan bishop a very direct and decisive role which emphasizes his importance as a first judge in the particular Church for which he was entrusted. According to MIDI the judge is to be the bishop himself, who, due to his pastoral office, is with Peter the greatest guarantor of Catholic unity in faith and discipline. In the briefer process of the nullity of marriage the diocesan bishop, having consulted with the instructor and the assessor and having considered the observations of the defender of the bond and, if there are any, the defense briefs of the parties, is to issue the sentence, if moral certitude about the nullity of marriage is reached. The bishop does not reach his decision based on a subjective opinion but on a judgment about what is certain and possible to proof on the basis of the evidence and arguments that have been presented in the process. The only definitive decision the bishop may make is that the nullity of marriage is estab­lished, which decision is executable if it is not appealed after fifteen days from publication of the definitive sentence. There is no room for a negative sentence because when the bishop is not morally certain of nullity of marriage then he issues a decree and refers the case to the ordinary method.