There is in Canon 1364:
Not if it is justified good Br. That is what the SSPX argue.
God Bless and keep you,
I.F.
Before one can apply 1634 a trial must be held and the tribunal must conclude, beyond the shadow of a doubt that the accused is a heretic or an apostate or the accused must openly break with the faith, not just with some aspects of the Church’s teachings. It would have to be someone like a Luther.
If you excommunicate someone for heresy, the excommunication comes to an immediate halt as soon as the accused asks for a hearing. If the hearing rules against him, he has a right to a trial with legal representation. The law is always on the side of the accused. The tribunal must be convinced that the accused is indeed a heretic, not simply a dissenter. This can be appealed through different levels until it reaches the Signatura.
The only way for this to be expedited is for the Holy Father to intervene and rule for or against the accused. Popes do not involve themselves in these matters. They are complicated, require a lot of time and cost a lot of money and man power. They are specific cases, often too many for a pope to involve himself in all of them.
As to illegal ordinations, the proof is on the person, because the law says that the excommunication comes not from the pope, but from the law. No trial is needed for the excommunication to take effect. When the excommunication is attached to a law, the affected party must prove that the law does not apply to him. The Holy Father can deny such an appeal without due process. In which case, the excommunication is assumed to be valid until a pope agrees to hear the plaintive, if ever.
People have argued that certain laws that carry a penalty of excommunication are unfair or that the penalty does not justify the crime, for example: if you strike the pope, you are automatically excommunicated, without a trial, even if the pope is an unpleasant person.
If you are in solemn vows (not simple) and you disobey your superior, you incur an excommunication. This only applies to members of religious orders. It does not apply to members of congregations. For example, it does not apply to sisters. They are not members of orders; therefore, they’re in simple vows. If they disobey, it’s called dissent, not disobedience. If I disobey, it’s called a break with the primacy, because I’m in solemn vows.
As you can see, it is not enough to read what is in the law. No tribunal would allow this way of using Canon Law. One can only apply the law according to the tradition of the law itself, the mind of the author of the law and the mind of the pope. None of those pieces are written into the code. It would make the code unmanageable. That’s why we have canon lawyers, major superiors, commentaries, historical precedents and tribunals.
I hope this clarifies things a little.
Fraternally,
Br. JR, FFV
