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Lata sententia


Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church.

A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened.

A penalty that binds a guilty party only after it has been imposed on the person is known as a ferendae sententiae (meaning "sentence to be passed") penalty.

The Code of Canon Law, which binds Catholics of the Latin Church, inflicts latae sententiae censures for certain forbidden actions. The canon law that binds members of the eastern Catholic Churches (see Code of Canons of the Eastern Churches) does not include latae sententiae penalties.

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."

The censures that the Code of Canon Law envisages are excommunication, interdict, and suspension. Excommunication prohibits participation in certain forms of liturgical worship and church governance. Interdict involves the same liturgical restrictions as excommunication, but does not affect participation in Church governance. Suspension, which affects only members of the clergy, prohibits certain acts by a cleric, whether the acts are of a religious character deriving from his ordination ("acts of the power of orders") or are exercises of his power of governance or of rights and functions attached to the office he holds.


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