Latae sententiae

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Latæ sententiæ is a Latin term used in the canon law of the Catholic Church meaning literally "given (already passed) sentence".

Officially, a latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened. A latæ sententiæ penalty may be either one of excommunication, interdict, or suspension. Excommunication prohibits the exercise of certain baptismal rights, and may involve restrictions on participation in liturgical events and church governance, and the reception of church benefits.

An interdict involves the same liturgical restrictions as excommunication, but does not affect participation in Church governance. Suspension, which affects only members of the clergy, affects all or some acts of power of orders, governance, or functions attached to an office.

In the code of Roman Catholic canon law currently in force, there are eight instances when a person may incur excommunication latæ sententiæ. Unless the excusing circumstances outlined in canons 1321-1330 are verified, the following persons incur excommunication latæ sententiæ:

• an apostate from the faith, a heretic, or a schismatic;
• a person who throws away the consecrated Eucharistic species or takes and retains them for a sacrilegious purpose;
• a person who uses physical force against the Pope;
• a priest who uses confession as a pretext to solicit the confessor to break the commandment against adultery;
• a bishop who ordains someone a bishop without a pontifical mandate, and the person who receives the ordination from him, unless the ordaining bishop and the ordinand are acting under grave (even relatively grave) fear-such as coercion, or truly believe in their conscience there is a serious inconvenience or grave necessity, though in any case the action remains a grave crime against canon law;^{[citation needed]}
• a confessor who directly violates the sacramental seal of confession;
• a person who procures a completed abortion; and
• accomplices who are not named in a law prescribing latae sententiae excommunication but without whose assistance the violation of the law would not have been committed.
• a Catholic who is a convinced member of Freemasonry, "notoriously" adhering to the Masonic vision, may in some cases be considered excommunicated latae sententiae if such membership is used to "plot against the Church" under some interpretations of Canon 1374:.

One who joins an association which plots against the Church is to be punished with a just penalty; one who promotes or moderates such an association, however, is to be punished with an interdict. - Canon 1374 of the Code of Canon Law

Various other persons incur excommunication latae sententiae by papal decree, including:

• a person who violates the secrecy of a papal election, or who interferes with it by means such as simony;
• a woman who simulates ordination as a priest or a bishop who simulates the ordination of a woman as a priest.

Some instances in which one incurs interdict latae sententiae include the following:

• using physical force against a bishop;
• attempting to preside at Eucharist, or giving sacramental absolution, when not a priest;
• falsely denouncing a confessor for soliciting a penitent to sin against the commandment against adultery; and
• a perpetually professed religious who attempts marriage.

If the ecclesiastical authority notices someone incurring what it considers a latae sententiae penalty, it may declare that the person has done so. However, the penalty (excommunication, interdiction, or suspension) is in effect since the perceived fault was committed, and the declaration simply asserts what the Church considers a fact. However, once the excommunication has been declared, the effects are more severe, as indicated in canon 1331 §2.

A latae sententiae penalty differs from a ferendæ sententiæ (sentence to be passed). If one commits an ecclesiastical offense for which a ferendae sententiae punishment is prescribed, the penalty will only take effect when imposed by the competent ecclesiastical authority.

Note that latae sententiae is an adjectival phrase accompanying a noun, such as "excommunication". In connection with a verb, the corresponding adverbial phrase is in ablative absolute form, as in: "He was excommunicated lata sententia."

See also

• Vitandus, a severe form of ferendae sententiae excommunication in use in the past