Excommunication in the Catholic Church
In the canon law of the Catholic Church, excommunication (Lat. ex, "out of", and communio or communicatio, "communion"; literally meaning "exclusion from communion") is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism.[1] The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated person is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.
Excommunication is intended to invite the person to change behaviour or attitude, repent, and return to full communion.[1] It is not an "expiatory penalty" designed to make satisfaction for the wrong done, much less a "vindictive penalty" designed solely to punish. Excommunication, which is the gravest penalty of all, is always "medicinal".[2]
Its object and its effect are loss of communion, i.e. of the spiritual benefits shared by all the members of Catholic society; hence, it can affect only those who by baptism have been admitted to that society. There can and do exist other penal measures which entail the loss of certain fixed rights; among them are other censures, e.g. suspension for clerics, and interdict. Excommunication, however, is distinguished from these penalties in that it is the privation of all rights resulting from the social status of the Catholic as such. A person who has been excommunicated — unless excommunicated for apostasy, heresy or schism — is still considered a Catholic and still has all the duties of that relationship, including attending Mass. They are, however, to refrain from receiving the Eucharist.[3]
Those who can excommunicate[edit]
Excommunication is either a jure (by law) or ab homine (by judicial act of man, i.e. by a judge). The first is provided by the law itself, which declares that whosoever shall have been guilty of a definite crime will incur the penalty of excommunication. The second is inflicted by an ecclesiastical prelate, either when he issues a serious order under pain of excommunication or imposes this penalty by judicial sentence and after a trial.[7]
Excommunication is an act of ecclesiastical jurisdiction, the rules of which it follows. Hence the general principle: whoever has proper jurisdiction can excommunicate, but only his own subjects. Therefore, whether excommunications be a jure (by the law) or ab homine (under form of sentence or precept), they may come from the pope, from the bishop for his diocese; and from regular prelates for religious orders. But a parish priest cannot inflict this penalty. The subjects of these various authorities are those who come under their jurisdiction chiefly on account of domicile or quasi-domicile in their territory; then by reason of the offense committed while on such territory; and finally by reason of personal right, as in the case of regulars. As to excommunications ab homine, absolution from them is reserved by law to the ordinary who has imposed them.[7]
Those who can be excommunicated[edit]
No one can be subject to ecclesiastical censure unless they be baptized, delinquent, and contumacious. Baptism confers initial jurisdiction, delinquency refers to having committed a wrong, and contumacious indicates the person's willfull persistence in such conduct.[28] Since excommunication is the forfeiture of the spiritual privileges of ecclesiastical society, all those, but those only, can be excommunicated who, by any right whatsoever, belong to this society. Consequently, excommunication can be inflicted only on baptized and living Catholics. It does not pertain to pagans, Muslims, Jews, and other non-Catholics.[7]
No one is automatically excommunicated for any offense if, without any fault of his own, he was unaware that he was violating a law (1983 CIC 1323 n. 2) or that a penalty was attached to the law (1983 CIC 1324 §1 n. 9). The same applies if one was a minor, had the imperfect use of reason, was forced through grave or relatively grave fear, was forced through serious inconvenience, or in certain other circumstances (1983 CIC 1324).[4]