Question on canon 1323 and 1325

[12343]

I have a question on canon law.

What happens if 14 years old boy did something really wrong with affected ignorance? Is he punished by canon or not?

Can. 1323 The following are not subject to a penalty when they have violated a law or precept:

1/ a person who has not yet completed the sixteenth year of age;

2/ a person who without negligence was ignorant that he or she violated a law or precept; inadvertence and error are equivalent to ignorance;

3/ a person who acted due to physical force or a chance occurrence which the person could not foresee or, if foreseen, avoid;

4/ a person who acted coerced by grave fear, even if only relatively grave, or due to necessity or grave inconvenience unless the act is intrinsically evil or tends to the harm of souls;

5/ a person who acted with due moderation against an unjust aggressor for the sake of legitimate self defense or defense of another;

6/ a person who lacked the use of reason, without prejudice to the prescripts of cann. 1324, §1, n. 2 and 1325;

7/ a person who without negligence thought that one of the circumstances mentioned in nn. 4 or 5 was present.

Can. 1325 Crass, supine, or affected ignorance can never be considered in applying the prescripts of cann. 1323 and 1324; likewise drunkenness or other disturbances of mind cannot be considered if they are sought deliberately in order to commit or excuse a delict, nor can passion which is voluntarily stimulated or fostered.

 

[1ke]

What happens if 14 years old boy did something really wrong with affected ignorance? Is he punished by canon or not?

The canon says it all:

Can. 1323 The following are not subject to a penalty when they have violated a law or precept:

1/ a person who has not yet completed the sixteenth year of age;

If you are concerned about something, go talk to your priest and make a good confession.

 

[12343]

canon 1325 says … affected ignorance can never be considered in applying the prescripts of cann. 1323 and 1324.

I think canon 1325 is exception of 1323 and 1324. So I want to know 14 years old could be punished because of 1325

 

[1ke]

The answer is no.

 

[Fauken]

I think canon 1325 is exception of 1323 and 1324.

It would if that 14 year old was remaining 14 years old so they couldn’t ever be 16. But that’s absurd and not possible.

 

[Usige]

Canon 1325 is addressing the circumstances in which discression plays a role. Age is not a matter of discression.

One side note; just because someone cannot be canonically punished does not mean that they are free of divine judgment.

 

[JGD]

If this is about an act you have done, you should talk to a priest about it in confession. He can answer your question.

 

[acanonlawyer]

Just agreeing with what has been said. Canon 1325 applies to canons 1323 and 1324 only insofar as canons 1323 and 1324 speak of ignorance or drunkenness or passion, etc. So, the age limits of cc. 1323-1324 are not altered or even touched by c. 1325.

affected ignorance

This is not a very well-known term. It means an ignorance which is desired and/or actively sought so as to pretend to continue to be innocent. For instance: Priest: “You know, you shouldn’t do that because–.” Ignorant person: “Hey, don’t talk to me about that. I don’t know about it and I want to not learn about it.” (Walks away). This sort of ignorance is rather uncommon when it comes to canon law on crimes and penalties.

Dan

 

[dscath]

If the laity would follow the Churches precepts, dogma, and teachings, they need not get overwhelmed by canon law.

Reading canon law is not the end all…canon law interpretation, like Canon Law should be left to trained and certified canon lawyers.

Otherwise, without understanding legal precedent would be like sending any citizen with a pocket copy of the Constitution to fill a vacancy on the Supreme Court.

 

[acanonlawyer]

Reading canon law is not the end all…canon law interpretation, like Canon Law should be left to trained and certified canon lawyers.

We always need to leave some of the work to the canon lawyers, sure. But, let’s not fall into crass or supine ignorance!

Dan