You don't know what you are writing about. Leaving aside latae sententiae excommunication for heresy, only the Church can judge in a canonical trial that one is guilty of the DELICT of heresy and impose that judgment on the consciences of the faithful. HOWEVER, that Church judgment must be based on the SIN of heresy. If there is no sin, there can be no delict. Whether one has committed the SIN of heresy is determined by his external acts of heresy. These external acts can be observed AND be judged as a SIN by anyone IF there is sufficient evidence to attain moral certitude. In this case, it would be a private judgment that cannot be imposed on another under pain of sin. HOWEVER, if the other becomes convinced of the same, then his own conscience would bind him.
Yes, the Church judges that one is guilty of the delict (crime) of heresy, as is stated in the Vatican's online "norms regarding delicts reserved to the congregation for the doctrine of the faith."
This docuмent, in Art 1 and 2, states, "The delicts against the Faith mentioned in art. 1 are for heresy, apostasy, and schism, according to the norms of Cann. 751, 1364, CIC, and cann. 1436 and 1437 CCEO."
I couldn't find anywhere in this docuмent which states that (as you state above) that "If there is no sin, there is no heresy." Nor could I find where it states that "these external acts can be observed and judged as sin by anyone IF there is sufficient evidence to attain moral certitude," I also couldn't find anything about one's conscience being binding if one is convinced of the same.
Norms regarding delicts reserved to the Congregation for the Doctrine of the Faith (11 October 2021) (vatican.va)The above link probably won't work, since I've not been able to copy any Vatican online docuмents, but I provide the link so that the title can be searched for.