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Code of Canon Law


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Art. 3.

THE PROMOTER OF JUSTICE, THE DEFENDER OF THE BOND, AND THE NOTARY

Can.  1430 A promoter of justice is to be appointed in a diocese for contentious cases which can endanger the public good and for penal cases; the promoter of justice is bound by office to provide for the public good.

Can.  1431 §1. In contentious cases, it is for the diocesan bishop to judge whether or not the public good can be endangered unless the intervention of the promoter of justice is prescribed by law or is clearly necessary from the nature of the matter.

§2. If the promoter of justice has intervened in a previous instance, such intervention is presumed necessary in a further instance.

Can.  1432 A defender of the bond is to be appointed in a diocese for cases concerning the nullity of sacred ordination or the nullity or dissolution of a marriage; the defender of the bond is bound by office to propose and explain everything which reasonably can be brought forth against nullity or dissolution.

Can.  1433 If the promoter of justice or defender of the bond was not cited in cases which require their presence, the acts are invalid unless they actually took part even if not cited or, after they have inspected the acts, at least were able to fulfill their function before the sentence.

Can.  1434 Unless other provision is expressly made:

1/ whenever the law requires the judge to hear either both or one of the parties, the promoter of justice and the defender of the bond must also be heard if they take part in the trial;

2/ whenever the request of a party is required in order for the judge to be able to decide something, the request of the promoter of justice or defender of the bond who takes part in the trial has the same force.

Can.  1435 It is for the bishop to appoint the promoter of justice and defender of the bond; they are to be clerics or lay persons, of unimpaired reputation, doctors or licensed in canon law, and proven in prudence and zeal for justice.

Can.  1436 §1. The same person can hold the office of promoter of justice and defender of the bond but not in the same case.

§2. The promoter and the defender can be appointed for all cases or for individual cases; however, the bishop can remove them for a just cause.

Can.  1437 §1. A notary is to take part in any process, so much so that the acts are null if the notary has not signed them.

§2. Acts which notaries prepare warrant public trust.




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