Latae sententiae and ferendae sententiae

Latae sententiae 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 latae sententiae 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 latae sententiae. Unless the excusing circumstances outlined in canons 1321-1330 are verified, the following persons incur excommunication latae sententiae:

• 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 absolves an accomplice in a sin against the sixth commandment (against sexual sins) except in danger of death;
• a bishop who ordains someone a bishop without a pontifical mandate, and the person who receives the ordination from him;
• 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.

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 sixth commandment; 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 excommunication is in effect since the perceived fault was committed, and the declaration simply aims to ascertain 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 ferendae sententiae (sentence to be passed) one. 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