PENE VENDICATIVE
These are canonical penalties (v. PENA) which aim directly at the punishment of the guilty party and the restoration of the violated order.
They are distinguished into common penalties (applicable to all the faithful) and those proper to clerics. The common penalties are: 1) local interdict, general personal interdict, and interdict *ab ingressu Ecclesiae* if imposed perpetually, *ad beneficium* (at the will) of the Superior or for a time strictly fixed in the law, in the sentence, or in the decree of condemnation; 2) the penal transfer or suppression of an episcopal or parochial see; 3) infamy of law; 4) deprivation of ecclesiastical burial, according to can. 1240 § 1; 5) deprivation of sacramentals; 6) deprivation or temporary suspension of a pension, which is paid by the Church or which burdens its goods, of another right or ecclesiastical privilege; 7) removal from public offices (remotio ab actibus legitimis ecclesiasticis), listed in can. 2256, 2°; 8) deprivation of the capacity (inhabilitas) to obtain ecclesiastical favors or offices in the Church, not reserved to clerics, and to attain academic degrees, which are conferred by ecclesiastical authorities; 9) deprivation or temporary suspension of an office, faculty, or favor already obtained; 10) deprivation of the right of precedence, of active voice (vox activa), of passive voice (vox passiva), and of the use of titles, insignia, or uniforms granted by the Church; 11) fine.
Some of these penalties reflect completely outdated concepts, such as the transfer or suppression of an episcopal or parochial see, whose harm ordinarily affects the innocent rather than the guilty; for others, such as deprivation of ecclesiastical burial, it is difficult to indicate the subject upon whom the penalty falls. Infamy of law, moreover, produces no proper legal effects and is not a remnant of the past. Instead, interdict, removal from legitimate ecclesiastical acts or prohibition from public offices, suspension, and inhabilitation have been found in some secular laws (in Italy, as accessory penalties); whereas the principal penalties of the state, such as death, life imprisonment, and imprisonment, are not sanctioned in the current canon law. Only the fine is common, but in general canon law it has little application: it is expressly imposed in only one case in the CIC (can. 2347, 2°).
The vindictive penalties proper to clerics are: 1) prohibition from exercising sacred ministry outside a determined church; 2) perpetual suspension, *ad beneficium* of the Superior or for a fixed time; 3) penal transfer from a higher office or benefice to a lower one; 4) deprivation of a right inherent to an office or benefice; 5) inability to assume or acquire dignities, offices, benefices, and other offices or services reserved to clerics; 6) penal deprivation of an office or benefice with or without pension; 7) prohibition from residing in a determined place or territory; 8) order to reside in a determined place or territory; 9) prohibition, for a certain time, from wearing ecclesiastical dress; 10) deposition; 11) deprivation of the right to wear ecclesiastical dress; 12) degradation.
For the differences between vindictive and medicinal penalties, V. PENA; cf., moreover, the entries on the individual vindictive penalties.
Arturo De Jorio