Collaboration and the Legal Duty of the Ecclesiastical Authorities to Denounce the Ecclesiastical Authorities before the Civil Authorities

Abstract

The rules of the M. P. Vos estis lux mundi, on reporting and prosecution of child abuse, apply without prejudice to the rights and obligations established in each place by state laws, in particular those relating to the obligations of information to the competent civil authorities, according to article 20 of the M.P. This study analyses the effects that the apparent declaration of priority of state law over canon law might have in relation to the obligation to denounce and its consequences on sacramental seal, which is not recognised in some countries, and other obligations of collaboration with the state jurisdiction, such as the handing over of records of canonical proceedings. Ultimately, the scope of the ecclesiastical authority’s obligations will be determined by the legislation of each country. In Spain, for example, there is no criminally sanctioned legal duty to report crimes of child abuse, which does not extend to the ecclesiastical authorities either.