Again the fact that an excommunication has not been declared, does not mean that it is not present. The Orthodox do not have a Papal Mandate to consecrate Bishops. Ergo they’re excommunicated, ergo they are not part of the Church ergo they have no jurisdiction ergo they do not validly absolve (under normal circumstances).
Can. 1382 A bishop who consecrates some one a bishop without a pontifical mandate and the person who receives the consecration from him incur a latae sententiae excommunication reserved to the Apostolic See.
Eastern Patriarchs don’t need one within their patriarchal territories. CCEO Canons 85 and 86 establish that a Patriarch with his synod is in fact able to establish, suppress, or modify eparchies within the church’s patriarchal territory, and to ordain and grant canonical provision to bishops and metropolitans within their church.For the Roman Church, only the apostolic see can modify, suppress, or create dioceses, and only the apostolic see may remove or order installed bishops, and only the apostolic see may grant canonical provision. See also CCEO canon 177, 181, 187, 189.
The CIC, BTW, has no authority over the eastern churches. See CIC Canon 1.
And, just for clarity, check out §2:
CIC 844
Can. 844 §1. Catholic ministers administer the sacraments licitly to Catholic members of the Christian faithful alone, who likewise receive them licitly from Catholic ministers alone, without prejudice to the prescripts of §§2, 3, and 4 of this canon, and ⇒ can. 861, §2.
§2. Whenever necessity requires it or true spiritual advantage suggests it, and provided that danger of error or of indifferentism is avoided, the Christian faithful for whom it is physically or morally impossible to approach a Catholic minister are permitted to receive the sacraments of penance, Eucharist, and anointing of the sick from non-Catholic ministers in whose Churches these sacraments are valid.
§3. Catholic ministers administer the sacraments of penance, Eucharist, and anointing of the sick licitly to members of Eastern Churches which do not have full communion with the Catholic Church if they seek such on their own accord and are properly disposed. This is also valid for members of other Churches which in the judgment of the Apostolic See are in the same condition in regard to the sacraments as these Eastern Churches.
§4. If the danger of death is present or if, in the judgment of the diocesan bishop or conference of bishops, some other grave necessity urges it, Catholic ministers administer these same sacraments licitly also to other Christians not having full communion with the Catholic Church, who cannot approach a minister of their own community and who seek such on their own accord, provided that they manifest Catholic faith in respect to these sacraments and are properly disposed.
§5. For the cases mentioned in §§2, 3, and 4, the diocesan bishop or conference of bishops is not to issue general norms except after consultation at least with the local competent authority of the interested non-Catholic Church or community.
vatican.va/archive/ENG1104/__P2T.HTM
Necessity or true spiritual advantage, and physical or moral lack of access to catholic priests. Not Emergency. (The wording is the same in the CCEO canons.)
Being in a state of mortal sin would clearly put true spiritual advantage. So if no Catholic priest is available (or the only one available is under impediment, etc), then the need for confession and the inability to get to a Catholic priest is the bound.