El sistema penal canónico ante la reforma del C.I.C

The canonical penal system, like the other parts of the C.I.C., is being subrr,itted to a profound revision, on the basis of a fidelity towards the fundamental elements which con'ltitute the Ilature of the Church, and of a desire to respond to the exigencies of the dynamics of the actual juridical life of the ecclesiastical society. In this line, and upon the bases mentioned , this present work, fruit of a prolonged investigation, pretends to illuminate and salve, within the bounds of possibility, the rich problematic which such sn enterprise entails. For this, the starting point is to show the inefficacy in fact of the penal system in vigor in arder to salve the actual conflictive situations which are attempts against the Faith and Tradition, and against the very unity of the Church. At the same time, this work expounds upon normative defects and defects of juridical techniques, which, if they do not justify the aforementioned inefficacy, at least explain it. The facts about the nature of the Church, which are the apportation of Vatican Council 11, serve as the illuminating criteria of those principies, which the author considers as fundamental in the construction of an adequate canonical penal system, which is in accordance with the bases that were mentioned at the beginning. The study ano exposition of such principies occupy the most important and most extensive part of the present work. For the elaboration of this work the aUJthor has taken into consideration everything which the Coetus consultorum, charged with the task of reforming Book V of the C.I.C., has published respective to the topic at hand.