The use of acts of the matrimonial nullity process in the canonical penal proceedings

Abstract

The article attempts to answer the question of whether it is permissible to use acts from the matrimonial nullity process in canonical penal proceedings. Judges in matrimonial nullity process may find themselves in an apparently contradictory position between the secrecy of their office and the obligation to contribute to penal canonical  proceedings. Canon law norms have been examined in the context of the principles of the canonical process provided in CIC. The authors dare to state that there does not seem to be an absolute obstacle to transmitting the matrimonial nullity acts for the sake of the ecclesiastical penal process. To avoid the possible risk of breaching secrecy only a part of the acts or summary may be transmitted. Such a practice respects the privacy of the parties to the matrimonial case as well as the good of the public interest in the resolution of the penal case.