I do not know who translated the document that was linked. I do believe it is more or less accurate. The original document was written in Latin, as all official Church documents are. It is also a legal canonical
document written in highly technical language. The translation strained and awkward could lend itself to misunderstanding or deliberate misinterpretation.
The document is essentially a set of procedural norms for processing and trying cases of accusations against priests for soliciting sex while in the act of sacramental confession. The document refers to this as an “unspeakable crime”. Prior to the publication of this document such cases were processed according to the norms for penal judicial processes found in the 1917 Code of Canon Law.
. Title V of the document includes the crimes of sexual contact with same sex partners,
sexual contacts with minors and bestiality which are also to be processed according to these special norms. The document does not imply that these crimes were to have been perpetrated through solicitation in the confessional. It included them under the title “The worst crimes” and presumably because of their serious nature, they were included under these special procedural norms. The norms of Crimen were thus established as the obligatory procedures for prosecuting cases of four separate and distinct canonical crimes, namely, a) solicitation for sex in the act of sacramental confession, b) homosexual sex, c) sexual abuse of minor males or females, d) bestiality or sex with animals. It is therefore incorrect to state that the norms and procedures of Crimen Sollicitationis are applicable only to cases of solicitation for sex in the confessional. Ordinarily the prosecution of these crimes would have been processed according to the procedural laws of the 1917 Code. The 1962 document provided special
norms with an added emphasis on confidentiality because of the very serious nature of the crimes involved.
This is not the first document to deal with these matters A document issued in 1922 was almost identical to the 1962 one and it too was shrouded in secrecy. The official document that imposed secrecy was published on February 20, 1866 by the Sacred Congregation of the Holy Office in the form of an instruction authored by Pope Pius IX
actual text is as follows:
Par. 14. In handling these cases, either by Apostolic commission or the appropriate
ruling of the Bishops, the greatest care and vigilance must be exercised so that these
procedures, inasmuch as they pertain to [matters of] faith, are to be completed in
absolute secrecy, and after they have been settled and given over to sentencing, are to be
completely suppressed by perpetual silence. All the ecclesiastic ministers of the curia
[court], and whoever else is summoned to the proceedings, including counsels for the
defense, must submit oaths of maintaining secrecy, and even the Bishops themselves and
any of the local Ordinaries are obligated to keep the secret. (in Codicis Iuris Canonici
Fontes, Rome, 1926, vol. IV, n. 990, p. 267.
To put this in context what must be understood is the concern for secrecy in the traditional canonical concept known as the “privilege of the forum” or “privilegium fori” which has its roots in medieval Canon Law. Basically this is a traditional privilege of the
Church whereby clerics accused of crimes were tried before ecclesiastical courts and not brought before civil or secular courts.
The oath of secrecy was given in trial. The priest found guilty had severe penalties. These penalties, unfortunately, seemed to have been ignored however it should be mentioned that many Bishops denied knowledge of this document. The oath of secrecy imposed on parties and witnesses in canonical proceedings was intended to assure witnesses that they could speak freely. It was also intended to protect the reputations of the accused and accuser until guilt or innocence was determined.
The insistence on secrecy throughout the document is related to two issues:
- The scandal that would arise were the public to hear stories of priests committing such
terrible crimes.
- The protection of the inviolability of the sacrament of penance.
According to the document, accusers and witnesses are bound by the secrecy obligation during and after the process but not prior to the initiation of the process. It was also denied after this document came to light that it would preclude civil action.
I believe in hindsight that this oath of secrecy was unwise and actually defeated the purpose having the opposite effect that was intended. It gave fodder to the enemies of the Church.
Finally you have
FROM THE AUDIENCE OF THE HOLY FATHER, 16 MARCH, 1962
Code:
Our Most Holy Father Pope John XXIII [23rd], in an audience granted to the Most Eminent Cardinal Secretary of the Holy Office on 16th March 1962, deigned to approve and confirm this Instruction, ordering upon those to whom it pertains to keep and observe it in the minutest detail.
Code:
At Rome, from the Office of the Sacred Congregation, 16th March, 1962.
To sum it up
The document concerns bringing priest to trial for what the document calls both “Unspeakable crimes” and “Worst Crimes”
It calls for severe penalties for convicted priest.
I called for a promise of silence concerning the trial
It was a continuation of policies already established in 1866 for silence.
POPE JOHN XXIII signed it.
What it doesn’t do is excommunicate anyone
for refusing to remain silent and submit to molestation.
Was this document taken out of context? The answer is yes.