"attento etiam can. 1376“ - Der Bischof und das neue Strafrecht

Abstract

In this article, the author discusses the task of judicial prosecution by the diocesan bishop in the light of the new penal law. The duty to prosecute is not necessarily given, rather it is possible that the bishop may be liable to prosecution himself if he initiates a prosecution prematurely and does not carefully carry out the necessary preliminary steps. Every possible criminal complaint must first be examined for plausibility. The necessary consideration of possible damage to reputation is also addressed. The author concludes that, especially in the German context, very close attention must be paid to the universal canon law so that no diocesan bishop runs the risk of moving outside the law himself. The necessary action on the one hand must not lead to overeagerness on the other.