Church PenaltiesEncyclopedia of Canon Law (Legislative Theology)

Canon Laws Ecclesiastical Penalties [5]

Canon Laws
Ecclesiastical Penalties [5] 1

Penalties for the Clergy
Just as a layperson who sins is subject to ecclesiastical punishment, so too the clergy, if they sin, are subject to penalties according to the canons. Thus, justice prevails in the Holy Church of God, for there is no partiality with God. Each clerical rank can appeal within its own level, and if justice is not served, one may appeal to a higher rank—up to the Patriarch, and then to the Holy Synod, whether through its specialized committees or its general assembly.

Some believe that clergy can only be judged if they fall into heresy. This is a clear error, for there are many other matters for which all clerical ranks may be judged. The severity or duration of judgments varies according to the nature of the sins or their repetition.

Suspension from Priestly Ministry
In urgent matters, suspension may be imposed as a precautionary or preventive measure until an investigation is completed and an appropriate ruling is issued. Suspension may concern one or more of the Church’s sacraments. For example, a priest may be suspended from performing the Sacrament of Marriage if he manipulates its regulations and allows marriages that face canonical impediments. Likewise, he may be suspended from celebrating the Divine Liturgy if his vision, hand tremor, or carelessness causes the holy mysteries to spill or fall. A priest may also be suspended from hearing confessions if there is a reason to justify this.

Suspension may be temporary until the investigation concludes, or for a specific duration, or even permanent with respect to one or more sacraments. Permanent suspension from all priestly functions is regarded as equivalent to deposition. In all cases, permanent suspension must follow a proper trial, during which the priest is given the opportunity to defend himself, as his innocence might be proven.

No Judgment Without Trial
If a bishop cuts a priest from the priesthood without investigation and trial, he commits an ecclesiastical error that subjects him himself to investigation and trial. For even secular courts do not pass judgment without investigation and allowing the accused a chance to defend himself—how much more should the clergy, who are expected to set an example of justice, act in this way?

It is not sufficient for someone to claim: “I judged after hearing from many witnesses!” for false witnesses are easy to find. Even our Lord Jesus Christ Himself was accused by false witnesses (Matthew 26:60–61). Queen Jezebel managed to find false witnesses against Naboth the Jezreelite, claiming he had blasphemed (1 Kings 21:10, 13). St. Stephen, the first deacon, faced false witnesses (Acts 6:13). St. Athanasius the Apostolic, St. Macarius the Great, and St. Ephraim the Syrian were also falsely accused.

Thus, witness statements must be examined and confronted through investigation. In civil courts, not every testimony is accepted; witnesses are questioned, confronted with the accused, and investigations are conducted. Courts even appoint defense attorneys for the accused when necessary. How much more careful should the clergy be, whose judgments must arise from prudence and confirmation? Therefore, the Didascalia advises bishops:
“Do not be hasty to cut off, nor rash, nor use the saw with sharp teeth.”

Preventive Qualifications
Therefore, both the Holy Scriptures and the canon laws require that a bishop be neither quick-tempered nor violent, but temperate and self-controlled (Titus 1:7–8), and not arrogant (1 Timothy 3:6). He must be “rightly dividing the word of truth” (2 Timothy 2:15). Because of the importance of this virtue, the Church includes it in the Divine Liturgy and in the Litany of the Fathers. The canons also require that a bishop be patient, well-versed in the Scriptures, in canonical law, and “able to teach” (1 Timothy 3:2), so that his judgments align with true doctrine and contain no error. After all this, we return to discuss specific judgments concerning the clergy.

If a Priest Is Ordained through Simony
Simony is the act of purchasing the gifts of the Holy Spirit with money, as Simon the Magician attempted to do, for which St. Peter said to him, “May your silver perish with you” (Acts 8:20). The canons declare:
A priest ordained through simony shall be deposed, along with the one who ordained him.

The Apostolic Canons (Canon 29) state:
“If any bishop, priest, or deacon obtains his office by bribery, let him and his ordainer be deposed. Let them have no part in the ministry, as Simon was rejected by me, Peter.”

If One Receives Double Ordination
The Apostolic Canons (Canon 48) state:
“If a bishop, priest, or deacon receives two ordinations for the same rank, let both he and the one who ordained him be deposed—unless the first ordination was performed by a heretic, for those baptized or ordained by heretics cannot be counted among the faithful or the clergy.”

If the Priest Is Violent
The Apostolic Canons (Canon 27) state:
“If any bishop, priest, or deacon strikes a believer or an unbeliever in order to inspire fear, let him be deposed. For the Lord did not teach us to do such things.” Violence humiliates others and is contrary to pastoral gentleness and human dignity; therefore, it is canonically forbidden.

If a Priest Insults His Bishop
The Didascalia states:
“If one who says to his brother, ‘You fool,’ is guilty of hellfire (Matthew 5), how much more guilty is he who speaks evil of his bishop, through whose hand he received the Holy Spirit?”

The Apostolic Canons (Canon 55) also state:
“If any of the clergy reproach their bishop, let them be deposed, for it is written, ‘You shall not speak evil of the ruler of your people’ (Acts 23:5). If a cleric mocks a deacon, let him be suspended; and if anyone mocks the lame, blind, or disabled, let him be suspended. The same applies to laypeople.”

If He Lends Money with Interest
The Apostolic Canons (Canon 44) state:
“If any bishop, priest, or deacon takes usury from one he lends to, let him either cease or be deposed.” Likewise, Canon 17 of the First Ecumenical Council of Nicaea declares:
“Whoever among the clergy engages in usury shall be deposed.”

If He Engages in Secular Work
The Apostolic Canons (Canon 6) state:
“Let no bishop, priest, or deacon engage in secular business; if he does, let him be deposed.” The clergy are expected to dedicate themselves fully to the Lord, as St. Peter said to Christ, “We have left all and followed You” (Matthew 19:27).

If He Participates in the Liturgy but Does Not Commune
The canons state:
“If a bishop, priest, or any of the clergy does not partake of the Eucharist during the Divine Liturgy, without giving a valid reason, let him be suspended; for he becomes a cause of confusion among the people.” The law refers to priests who serve in the Liturgy wearing their vestments but abstain from communion, thus causing doubt among the faithful regarding the sacred offerings.

If He Refuses the Repentance of a Penitent
The canon law says:
“If a bishop, priest, or deacon refuses to accept one who repents of his sin, let him be deposed, for he has grieved the heart of the Lord, who said, ‘There is joy before the angels of God over one sinner who repents’ (Luke 15:10).”

If He Neglects His Pastoral Duty
The Apostolic Canons declare:
“If a bishop or priest neglects the clergy or the people and does not teach them to serve God, let him be suspended. If his negligence continues, let him be deposed.”
They also state:
“If a bishop ordains but does not preach, serve, or care for the flock entrusted to him, let him be suspended until he fulfills his duty—and likewise for a priest.”

Naturally, this applies if he has the gift of preaching but fails out of laziness or indifference. If he lacks that gift, he should still ensure his people are spiritually nourished through other preachers. The canons further state:
“If a bishop or priest neglects a member of the clergy in need and does not assist him, let him be suspended; if he persists, let him be deposed as a murderer of his brother.”

If a Priest Separates Himself from His Bishop
Canon 5 of the Holy Council of Antioch states:
“If any priest or deacon separates himself from his bishop and establishes for himself an altar and a congregation, let him be deposed with no hope of returning to service.”

Article by His Holiness Pope Shenouda III, published in Watani newspaper on July 26, 1987.