Impediment of Crime

Legislation and Legal System of the Catholic Church Legal history of the Catholic Church

This article is part of the series:
Codifications 1983 Code of Canon Law Code of Canons of the Eastern Churches 1917 Code of Canon Law Corpus Juris Canonici The Apostolic Constitutions Decretum Gratiani Decretist Regulæ Juris Decretals of Gregory IX Decretalist Extravagantes Liber Septimus Nomocanon Collectio canonum quadripartita Collectio canonum Quesnelliana Collectio canonum Wigorniensis Pseudo-Isidorian Decretals
Apostolic constitutions Anglicanorum Coetibus Benedictus Deus (Benedict XII) Benedictus Deus (Pius IV) Ex Corde Ecclesiae Fidei Depositum Indulgentiarum Doctrina Pastor Bonus Sacrae Disciplinae Leges Universi Dominici gregis
Motu proprio Ad tuendam fidem Mysterii Paschalis Pontificalis Domus Summorum Pontificum Tra le sollecitudini
Canon law of Vatican II Lumen gentium Sacrosanctum Concilium Gaudium et spes Dei verbum
Matrimonial law Affinity Banns of Marriage Declaration of Nullity Matrimonial Nullity Trial Reforms of Pope Francis Defender of the Bond Disparity of Cult Impediment of crime Matrimonial Dispensation Natural Marriage Pauline privilege Petrine privilege ratum sed non consummatum
Tribunals & canonical structures Tribunal System Supreme Tribunal of the Apostolic Signatura Tribunal of the Roman Rota Apostolic Penitentiary Judicial Vicar/Officialis Auditor Defender of the Bond Personal Ordinariate Personal Prelature
Theory Derogation Dispensation Ecclesiastical positive law Excommunication Fundamental Theory of Canon Law Indult Impediment Interpretation Pontifical Council for Legislative Texts Internal forum Latae Sententiae Censure Resignation of the Roman Pontiff Sede vacante Vacatio legis Valid but illicit
Other Canon 915 Canon 1324 Canon 1398 Eastern Canonical Reforms of Pius XII
Canon Law Task Force

The Impediment of Crime or crimen is, in the canon law of the Roman Catholic Church, a diriment impediment to marriage arising from certain circumstance involving homicide and adultery — an impediment such that it prevents the marriage bond from being formed.

Under the Decretals of Pope Gregory IX, the requirements were that either the adulterous pair should promise marriage after the death of the spouse, or that they should attempt marriage while the spouse was still living. While both partners had to be aware that they are committing adultery, affected ignorance, ignorance from refusal to investigate what they are doing, does not remove it.

Under the 1983 code of Canon law adultery is no longer an impediment to marriage. But it is still an impediment if you murdered your spouse in order to be able to remarry.

If the pair who wish to marry co-operated to kill the spouse of one of them, in order that they might be free to marry, the impediment is invoked, even if they had not committed adultery. Likewise, if one of an adulterous pair killed a spouse (of either partner) in order to marry, the impediment is invoked.

Only the pope may dispense this impediment. There are no instances in which any pope has done so.

External links

Catholic Encyclopedia "Impediment of Crime"

This article is issued from Wikipedia - version of the Sunday, September 06, 2015. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.