Church Penalties

Ecclesiastical Penalties

Ecclesiastical Penalties (1)

1. Penalties do not contradict the attributes of gentleness, kindness, and mercy.
   For God—blessed be His name—at times punished, although He is the supreme example of love and tenderness, of mercy and compassion, and of kindness and gentleness. Likewise, the apostles and the early Church Fathers used to impose penalties despite the ideal nature of their spirituality… and the ecclesiastical laws contain an extensive chapter on punishment…

2. Therefore, the principle of punishment exists. But what is important is: who has the right to impose punishment?
   And for what reason do we punish?
   And upon whom is the punishment imposed? And how? And what is the type and duration of the punishment?

3. As for who has the right to impose punishment, it is the father of confession in spiritual errors that deserve punishment. Then the local clerical council, and the clerical council. Finally, the local and general holy synods.
   As for whom the punishment is imposed upon:
   It is either a layperson, or one who holds any rank among the degrees of the clergy.

4. As for how punishment is imposed, it is a long subject that we would like to explain gradually:
   a. There is a well-known principle: “No judgment without a trial.” But an exception is made for one who is caught in the very act of the sin, such as public offenses, or one to whom the Scriptural saying applies: “Some men’s sins are clearly evident, preceding them to judgment” (1 Tim 5:24).
   b. Otherwise, the sinner is warned of his sin and of his deserving of trial and punishment, and he is summoned to be investigated.
   c. The investigation is always confidential, and the reasons for the punishment remain confidential, because the general purpose of the investigation and the punishment is the treatment of the offender, not the defamation of him.
   d. Witnesses for proof may attend if necessary. As for witnesses of denial, there is no need for them, because the majority of those accused of a sin attempt denial and may bring witnesses to refute the charge against them. Likewise, the investigation is careful to be conducted within the narrowest limits in order to avoid defamation. For the same reason, there are no external lawyers; it is sufficient for the person to defend himself.
   e. If the charge against the person touches doctrine, it can be proven by audio recordings, or by what the accused publishes in pamphlets or books.
   f. As for the charges for which a person is brought to trial, they are those that touch the safety of the Church, or its doctrine or reputation, or that cause harm to the Church, or that relate to insults directed at the men of the priesthood…
   g. As for penalties, they depend on the nature of the sin and its degree. With regard to blasphemy or heresy, its penalty is deposition, that is, stripping of the priestly rank in the case of a priest, or cutting off from church membership in the case of a layperson, with deprivation from the Church sacraments for both.
   h. Other sins vary in their penalties from one case to another. The ecclesiastical laws have placed very severe penalties especially on men of the priesthood, because they require from them ideal conduct and the avoidance of causing the people to stumble. And I hope to publish a detailed article about the types of penalties…
   i. In any case, some judgments may be appealed to a higher priestly authority if necessary: to the general Holy Synod or to the Pope himself…

– An article by His Holiness Pope Shenouda III – in Al-Keraza Magazine – Thirty-Fourth Year (Issues 29, 30), October 6, 2006.

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