http://www.awrsipe.com/doyle/2008/2008-10-03-Commentary-on-1922-and-1962-docuмents.pdf
From the 1962 docuмent
Crimen Sollicitationis:
http://www.vatican.va/resources/resources_crimen-sollicitationis-1962_en.htmlTITLE THREE
PENALTIES
61. “One who has committed the crime of solicitation... is to be suspended from the celebration of Mass and from the hearing of sacramental confessions and even, in view of the gravity of the crime, declared incapable from hearing them. He is to be deprived of all benefices, dignities, active and passive voice, and is to be declared incapable for all these, and in more grievous cases he is even to be subjected to reduction to the lay state [degradatio]”. Thus states Canon 2368, §1 of the Code [of Canon Law].
62. For a correct practical application of this canon, when determining, in the light of Canon 2218, §1, fair and proportionate penalties against priests convicted of the crime of solicitation, the following things should be taken into particular account in evaluating the gravity of the crime, namely: the number of persons solicited and their condition – for example, if they are minors or specially consecrated to God by religious vows; the form of solicitation, especially if it might be connected with false doctrine or false mysticism; not only the formal but also the material turpitude of the acts committed, and above all the connection of the solicitation with other crimes; the duration of the immoral conduct; the repetition of the crime; recidivism following an admonition, and the obdurate malice of the solicitor.
63. Resort is to be had to the extreme penalty of reduction to the lay state – which for accused religious can be commuted to reduction to the status of a lay brother [conversus] – only when, all things considered, it appears evident that the Defendant, in the depth of his malice, has, in his abuse of the sacred ministry, with grave scandal to the faithful and harm to souls, attained such a degree of temerity and habitude, that there seems to be no hope, humanly speaking, or almost no hope, of his amendment.
64. In these cases, the following supplementary sanctions are to be added to the penalties proper, to ensure that their effect is achieved more fully and securely, namely:
a) Upon all Defendants who have been judicially convicted there are to be imposed salutary penances, befitting the kind of faults committed, not as a substitute for penalties proper in the sense of Canon 2312, §1, but as a complement to them, and among these (cf. Can. 2313) chiefly spiritual exercises, to be made for a certain number of days in some religious house, with suspension from the celebration of Mass during that period.
b) Upon Defendants who have been convicted and have confessed, moreover, there should be imposed an abjuration, according to the variety of cases, of the slight or strong suspicion of heresy which soliciting priests incur due to the very nature of the crime, or even of formal heresy, if by chance the crime of solicitation was connected to false teaching.
c) Those in danger of relapsing and, even more, recidivists, are to be subjected to special supervision (Canon 2311).
d) As often as, in the prudent judgment of the Ordinary, it seems necessary either for the amendment of the delinquent, the removal of a near occasion [of sin], or the prevention or repair of scandal, there is to be added an order to live in a certain place or a prohibition from the same (Canon 2302).
e) Finally, since, by reason of the sacramental seal, there can never be any account taken in the external forum of the crime of absolving an accomplice, as this is described in the Constitution Sacramentum Poenitentiae, at the end of the sentence of condemnation there is to be added an admonition to the Defendant that, if he has absolved an accomplice, he should provide for his conscience by recourse to the Sacred Penitentiary.
65. In accordance with the norm of Canon 2236, §3, all of these penalties, inasmuch as imposed by law, cannot, once they have been applied by the judge ex officio, be remitted except by the Holy See, through the Supreme Sacred Congregation of the Holy Office.
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