Seal of the Confessional and the Catholic Church

As a confessional, Beichtsiegel or Signum confessionis is defined as the dutiful discretion of the minister in relation to all that is entrusted to him in confession. The pastoral and sacramental seal is since 1215, anchored based on a decision of the Fourth Lateran Council in writing in canon law.

The hl. Nepomuk is the patron saint of the confessional. More martyrs who lost their lives to the protection of the confessional sake, are Andreas Faulhaber, St. John Sarkander, Blessed Felipe Ciscar Puig, Pedro Garcés Marieluz and Henry Garnet.

  • 2.1 Germany 2.1.1 refuse to testify
  • 2.1.2 failure to report planned offenses
  • 2.1.3 Reform projects of the Federal Ministry of the Interior

Canon Law

Roman Catholic Church

The seal of confession is in canon law (1983 ) necessarily asserts ( " The sacramental seal is inviolable ", can. 983 § 1 CIC) and the direct violation thereof is punished with excommunication ( can. 1388 CIC). It was also previously acknowledged in the church and is therefore legal history as one of the oldest data protection legislation. It binds the confessor and " when involved, the interpreters and all other ... who have come some way from the confession to the attention of sins" ( can. 983 § 2 CIC). It is immaterial whether in confession, the absolution is granted.

Evangelical churches

The Protestant clergy has also observe the provision under the laws of the state churches pastors confessional. It is to everyone " inviolable ", even a birth of the party is, therefore, unlike them to be distinguished pastoral secret, not possible.

In addition, in the field of church administration there is a " secrecy ", can be released from the church by the superior authority.

State law

Germany

Refuse to testify

Both in the German civil than in criminal proceedings in respect of that clergy are what they are entrusted with the exercise of pastoral care, the right to refuse to testify. For the criminal, this follows from § 53 Section 1 No. 1 Code of Criminal Procedure, for the civil procedure of § 383 Paragraph 1 No. 4 ZPO. Contrary to the wording of § 385 para 2 CCP commits itself a ( canonically mostly ineffective so ) " confinement " not as a witness. For the Roman Catholic Church is because of Article 9 of the Reich Concordat and for other religious communities from the principle of equality.

Who is clergyman in this sense, is certainly not after a certain status ( ordination, ordination ), but according to the function to be called to ministry. Therefore also pastoral, non- ordained pastors, church deacons, etc. come as the owner of the right to refuse to testify in question.

Failure to report planned offenses

For clergy consists gem. § 139 para 2 of the Criminal Code, no obligation, even if they receive credible in their capacity as pastor of the project of a high treason, treason, Münzverbrechens, murder, manslaughter, robbery, kidnapping or a homicidal crime knowledge. This puts the state law on the conflict of conscience of the clergy and the credibility of the affected religious community into consideration.

Reform projects of the Federal Ministry of the Interior

In January 2008, the first planned a Federal Government under the auspices of the Federal Minister of the Interior Wolfgang Schäuble privacy on for clergy limit ( § 100c Para 6 CCP). This met with fierce opposition from the Christian churches. In force since 1 January 2009 the BKA Law this project has no equivalent.

France

In France, the seal of confession does not absolve from the obligation to report crimes against defenseless people or people under 15. The failure of the complaint shall be punished with a fine of up to 45,000 € and imprisonment of up to three years.

Ireland

In criminal law of Ireland the seal of confession is an exception to the obligation to bring child abuse to the display. A law that would abolish this exception is in preparation since 2012.

Austria

A particularly high protection enjoys the seal of confession in Austria, which is committed in a concordat in 1933 for this purpose. The seal of confession unsuccessful witnesses may on matters that came to them in confession or other pastoral call note are not heard; obtained in this way findings are subject to a prohibition on the use.

Switzerland

In Switzerland, the confessional statement and display establishes a right of refusal. A legislative proposal to repeal the seal of confession in the case of child abuse, failed in March 2012, the National Council.

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