The last nine posts examined the virtue of justice within the third principle that influenced the 1983 Code. As justice is intrinsic to canon law, there are offices of the promoter of justice and the defender of the bond to safeguard justice and the public good in the Church. These offices have existed for centuries and are, therefore, not new to the 1983 Code. Today’s post examines the role of the promoter of justice in safeguarding justice and the public good in the Church.
The office of the promoter of justice goes back to the 13th century when bishops created the office “to prosecute heretics and protect orphans, widows, and abandoned persons.” Since then, the office has evolved over the centuries. On 11 June 1880, the Sacred Congregation of Bishops and Regulars imposed the office of the promoter of justice on all dioceses to help safeguard the law.
Canon 1430 CIC 83 states:
“A promoter of justice is to be appointed in the diocese for penal cases, and for contentious cases in which the public good may be at stake. The promoter is bound by office to safeguard the public good.”
There are several elements in this canon. The first is that the office of the promoter of justice is obligatory in every diocese, and it is the responsibility of the diocesan bishop to appoint the promoter (cf. Can. 1435). Canon 1436 §2 provides that the promoter of justice can be “appointed for all cases, or for individual cases”. This means there are two forms of appointing a promoter. The first is for all cases (ad universitatem causarum), which, strictly speaking, corresponds to the requirement of stability for ecclesiastical offices (cf. can. 145 §1). The other is for individual cases (ad singulas causas), which means that the promoter is appointed when there is a need for it.
The promoter of justice can be a cleric or a lay person of “good repute, with a doctorate or at least a licentiate in canon law, and of proven prudence and zeal for justice” (Can. 1435). Since the law uses the term “lay person”, it means that the office is also open to women. The diocesan bishop can also remove him or her for a just reason (cf. Can. 1436 §2). When the episcopal see becomes vacant, the promoter of justice is one of those who remain in office. This means that the diocesan administrator lacks the power to remove the promoter. However, the promoter needs to be reconfirmed by the new bishop (cf. Can. 1590 CIC 17; Can. 428 CIC 83).
The second section highlights the two areas where the promoter of justice functions: penal cases and contentious cases.
In penal cases, the promoter of justice functions in various areas, too. Notable among them is to ascertain that an offence has been committed at the end of the preliminary investigation. If the Ordinary wishes to proceed through a judicial process, he hands over the acts of the investigation to the promoter of justice, who presents an accusation to the judge (cf. Can. 1721 §1). The function here is analogous to that of a prosecutor in civil law. If the case is referred to a higher tribunal, the promoter of justice appointed for that tribunal acts as the petitioner (plaintiff) (cf. Can. 1721 §2). The function of the promoter of justice is not needed when the Ordinary wishes to proceed through the extrajudicial penal process (cf. Can. 1720).
Furthermore, whether the Ordinary proceeds through a judicial or extrajudicial process, he must consult the promoter of justice before imposing precautionary measures at any stage of the judicial process. The purpose is “to prevent scandal, protect the freedom of the witnesses and safeguard the course of justice.” Precautionary measures include prohibiting the accused from exercising the sacred ministry or office, imposing or forbidding residence in a certain place or territory, and prohibiting public participation in the Eucharist (cf. Can. 1722).
The promoter of justice is also appointed to contentious cases in which the public good may be at stake. A case is contentious when the object of the trial is “to pursue or vindicate the rights of physical or juridical persons, or to declare juridical facts” (Can. 1400 §1, 1°). Examples include cases concerning the nullity of sacred ordination, the bond of marriage, a controversy between two physical persons, and juridical persons such as parishes or dioceses, religious institutes or provinces within a religious institute, or between a diocese or parish and a religious institute. The promoter of justice safeguards the public good by defending the rights of Christ’s faithful when the law requires it. This includes defending the validity of judicial sentences, public ecclesiastical acts, and the interests of physical and juridical persons.
Canon 1433 provides that whenever the presence of the promoter of justice is required, the acts are invalid if the promoter was not summoned. However, this does not apply if the promoter was not summoned but was still able to fulfil the role before the judgement.
The role of the promoter of justice is indispensable to the spirituality of canon law because the virtue of justice is central to canon law, defined in the term “canonical equity”. God is just and loves justice; he is the protector of the oppressed and defender of the vulnerable. Injustice directly contradicts the concept of holiness by undermining love, righteousness, and God’s nature, all of which are integral to holiness.
Hence, safeguarding justice is essential to living a holy life, as it aligns with God’s character and promotes the well-being of others by fostering an ordered environment where individuals can deepen their faith and relationship with God.
When injustice prevails, it leads individuals to experience profound feelings of guilt, despair, and alienation from God, thereby undermining their journey of faith.
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
