Indult (canon law)

Under a indult ( of or the indult are Germans equally common) understands canon law of the Roman Catholic Church a pardon of ecclesiastical authority. This can have the substantive legal content of a dispensation (exemption from a generally applicable rule of canon law in individual cases) or a privilege (special personal right for individuals). A grace granted by the Apostolic See is also known as a papal indult.

The indult is one of the church's administrative acts for individual cases. An indult is by definition a legal act that is favorable to the recipient ; Individual church decrees that weigh down per se are therefore not issued qua indult, but by administrative order ( precept ) or decree . However, indults can be linked to requirements or conditions. In contrast to the issue of a license ( permit , approval), there is basically no legal right to be granted an indult.

An indult is usually granted through a rescript (upon request), papal indults in some cases also through a motu proprio (pardon without application). The relevant regulations can be found in the current code of law of the Latin Church , the Codex Iuris Canonici (CIC) promulgated in 1983 , in canons 59–75. As a rule , the person concerned or a third party must apply to the competent ecclesiastical ordinary ( pope , bishop or major superior ) for the grace to be granted in the form of a so-called petition (request, petition) . As a rule, it only becomes final at the time of execution (i.e. usually with the conclusively recorded acceptance of the rescript without objection by the beneficiary).

Indulte can refer to the most varied of objects and materials within the church. For example, the Holy See can grant the member of a religious order an exemption from the duties assumed with the religious vows by granting a resignation indult (legal material dispensation). An example of a papal pardon in the sense of a privilege is an indult of July 7, 1920, with which the canons of the cathedral of Sion were given the special right to wear a gold-plated pectoral cross on a purple ribbon.

Special local church conditions or special needs of certain groups within the church can also be reasons for the church to grant grace. For example, in 1984 Pope John Paul II authorized the diocesan bishops by indult to allow individual priests to celebrate Holy Masses in the extraordinary form of the Roman rite (so-called indult masses ).

Web links

• Catholic Encyclopedia (1910): Pontifical Indult (Engl., Content strongly out of date)