Promoter of Justice

GuideThe office and its competence are governed by current ecclesiastical law; origins, former arrangements, and particular holders are historical matters. Canonical discipline must not be confused with dogma.
Contents

The promoter of justice is the tribunal official charged with protecting the public good in canonical penal cases and in contentious cases where that good can be endangered.

Office for the public good

A promoter of justice must be appointed in every diocese. The promoter intervenes in penal cases and in contentious cases when the law requires it, the nature of the matter clearly demands it, or the diocesan bishop judges that the public good can be endangered. In a judicial penal process, the promoter presents and advances the accusation after the ordinary has decreed that such a process is to begin.[1]

The promoter is not the judge and does not decide guilt or penalty. Nor is the office simply private counsel for an accuser or injured person. Its controlling duty is the public good, which includes legality, truth, the right of defense, and a just outcome rather than conviction at any cost.[2]

Appointment and standing

The diocesan bishop appoints the promoter, either for cases generally or for a particular case. The appointee may be a cleric or layperson, must possess an unimpaired reputation, a doctorate or licentiate in canon law, and proven prudence and zeal for justice. The same person may serve as defender of the bond in other matters, but never exercise both offices in the same case.

Necessary participation

When the promoter's presence is required, failure to cite the promoter invalidates the acts unless the promoter actually took part or, after inspecting the acts, was able to fulfill the office before sentence. Once admitted, the promoter is heard where the parties are heard and can make requests having the same procedural force as a party's request where the law so provides. Special reserved-delict norms require a priest with an advanced degree in canon law for this function, unless the doctrinal dicastery grants a dispensation permitted by those norms.[3][4]

References

  1. 1.Code of Canon Law, canons 1717–1731The promoter's role in introducing and pursuing a judicial penal action
  2. 2.DDF norms on reserved delicts, articles 13–14 and 20–21Stricter qualifications applicable in proceedings concerning reserved delicts
  3. 3.Code of Canon Law, canons 1430–1436Purpose, appointment, qualifications, and necessary participation in a cause
  4. 4.Code of Canons of the Eastern Churches, canons 1094–1100The corresponding office, qualifications, and participation in an eparchial tribunal