PROMOTER OF JUSTICE. – A promoter of justice is a minister of the tribunal who, under the guidance of the Ordinary (or, in tribunals of the Holy See, of the judges who at present or habitually exercise directive functions), institutes criminal proceedings and urges observance of the law in contentious cases in which the public good is at stake, with the exception of those functions specifically assigned to the defender of the bond (can. 1586, 1589; Norms of the Tribunal of the Sacred Roman Rota, art. 24 § 1). The promoter of justice must be established in all diocesan tribunals (can. 1586) and in the tribunals of religious institutes, though in the latter case membership in the order or congregation is required for the promoter of justice (can. 1589 § 2); he is established on a stable basis in the apostolic tribunals of the Sacred Roman Rota (Norms, cap. 2, art. 24 ff.) and of the Apostolic Signatura. In the latter tribunal, whereas previously the office was exercised by delegation by one of the prelates with a vote (cf. Appendix to the Rules to be Observed in Judgments at the Supreme Apostolic Tribunal, art. 16), today, as has been said, it is stable. The office of promoter of justice also exists at the Sacred Congregation of the Holy Office (until 1920 it was called “fiscal advocate”) and in the tribunals of the State of the Vatican City.
I. HISTORICAL NOTES
Historically, the first traces of this office are found in the so-called *promotores episcopales*, which appear here and there in dioceses throughout the 13th century. It is difficult to determine whether the procedural reform of Innocent III, with the establishment of a promoter distinct from the judge in criminal proceedings (31, X, V, 3), preceded or followed episcopal initiative. Initially a private figure, the promoter gradually acquired stability and public character (26, X, V, 1) and took on various names according to time and place (procurator curiae ad excessus corrigendos, promotor ad excessum, registrator). In Italy he took the name of *procurator* or *promotor fiscalis*, a title that would remain until the Code (understood here as *fiscus* referring to the universality of the things and rights of the ecclesiastical society). The establishment of the promoter of justice became general in the 17th–18th centuries, even though there was no law imposing it in the Roman Curia, where the office of the procurators or advocates fiscal had already been reorganized by Leo X (const. *Sicut prudens*, 3 Jan 1518), Paul III (const. *Ad onus*, 4 July 1548), Pius IV (const. *Cum ab ipso*, 30 June 1562). With Benedict XIII (12 June 1724), however, the office of a general procurator was established to promote appeals in criminal cases for all curiae that did not have their own procurator in Rome. The office of promoter of justice remained somewhat imprecise. Originally created for criminal cases, it was later called upon to intervene in certain contentious cases concerning the liberty of the Church, among others. A certain definition of duties was achieved with the instruction (art. 13) of the Sacred Congregation of Bishops and Regulars (11 June 1880): “Each curia needs a fiscal procurator for the protection of justice and the law.”II. NATURE AND SCOPE OF THE OFFICE OF PROMOTER OF JUSTICE
The promoter of justice is a figure parallel to that of the defender of the bond (v.); indeed, the two offices may be held by the same person (can. 1588 § 1), except in cases of conflict between the two offices due to opposing interests in the same case, which would require separation of persons. The difference between the two offices lies in the fact that, whereas the defender of the bond must always, by office, defend and uphold the existence of the marriage bond or of ordination, the promoter of justice is free in his conclusions, since he strives for the truth of the matter (*certati pro rei veritate*). A certain marked analogy also exists with the figure of the promoter of the faith (v.) in the treatment of causes of saints. In the civil procedural system, the promoter of justice resembles the public prosecutor, who represents the interest of society that must be defended in respect for the law (Italian Code of Civil Procedure, arts. 69–74). But the public prosecutor combines in himself a dual character, corresponding in canon law to the defender of the bond and the promoter of justice; moreover, he represents the executive power (which is inconceivable in the canonical system, where there is no true separation of powers: can. 335 § 1) and exercises jurisdiction in certain cases (which, despite some now outdated controversies, is denied to the promoter of justice in canon law). The promoter of justice is an ecclesiastical office (v.) in the broad sense (can. 145 § 1–2), precisely because he lacks any jurisdiction. Although he is attached to the tribunal, he does not constitute the tribunal itself. Rather, he is assimilated to the parties, though he cannot be strictly called a party, since he does not appear in judgment to defend a personal interest but a public one, and is clearly distinguished from the parties by the Code of Canon Law (cf. can. 1745, 1773, 1879, etc.). The Code itself, however, places him in the position of substituting for the parties whenever a party is lacking or unable to act (can. 1850 § 2, 1971 § 1, n. 2) and in criminal proceedings calls upon him to act as plaintiff (can. 1934; cf. also can. 655 § 2 in cases of dismissal of a professed from perpetual vows). More than directly safeguarding the public good, his task is to press for the public good not to be neglected by the judge, to whom he nevertheless remains subject (cf. can. 1586, 1954; Norms of the Sacred Roman Rota, art. 27 § 1, etc.).His participation in judicial debate is sometimes defined by law, as in criminal cases (can. 1934, 655 § 2) and in certain contentious cases; at other times it depends on the Ordinary (can. 1586) or the judge (can. 1945; Norms of the Sacred Roman Rota, art. 27 § 1). In criminal cases, the promoter of justice is the public prosecutor, to action (v.) is entrusted under the guidance of the Ordinary (can. 1934, 1950, 2223). In contentious cases, the intervention of the promoter of justice is required in cases of nullity of marriage for impediments that are by their nature public (can. 1971 § 1, n. 2; V. PUBLIC); for the granting ex officio to minors or those assimilated to minors of restitutio in integrum (can. 1688 § 2); in cases concerning the title of a benefice in the event of the death of one of the litigants, except for the right of assignment by the Ordinary to the survivor in the case of free collation (can. 1734); in case of appeal against the admission of a libellus (can. 1709 § 3); when it concerns the granting or revocation of free legal assistance (v.) or the reduction of expenses (can. 1915 § 2; Norms of the Sacred Roman Rota, art. 31); when the promoter of justice has participated in a previous instance (ibid., art. 27 § 2); when it concerns admitting or not admitting a documentary process under the terms of can. 1990–92 (Instruction of the Sacred Congregation of Sacraments, 15 Aug. 1936, art. 227 § 1; AAS, 28 (1936), p. 388). He must be heard in matters of suspicion (can. 1616), of attempts (can. 1856 § 2), to reform interlocutory sentences before the definitive one (can. 1841); he must give his vote for the interrogation of new witnesses after the publication of the testimony (can. 1786), and for the appointment of experts in cases of public interest (can. 1793 § 2); he must receive copies of the defenses submitted for examination (can. 1863 § 2). When his presence is required, the acts are null if he is not cited, or if, even though not cited, he does not actually intervene (can. 1587), entirely as for the defender of the bond (v.).
It may intervene, always for the protection of the public good, to request the sequestration of the disputed object or the inhibition of a right in exercise (can. 1672 § 3); to oppose the defect of possession (can. 1696 § 2); to request restitution in integrum (can. 1688 § 2), or the alteration of the doubt formula (can. 1729 § 4), or the supplementary oath (can. 1830 § 3), or incidental petitions (can. 1837). It may present articles for the interrogation of witnesses or parties (can. 1745 § 1), propose new questions during the interrogation in progress (can. 1773 § 2), summon witnesses (can. 1759 § 2), request the declaration of contumacy of either the accused (can. 1841) or the plaintiff (can. 1849); and request the continuation of the process in case of contumacy of the plaintiff (can. 1850 § 2). It may be heard to decree the exhibition of documents (can. 1844 § 1), for the acceptance or rejection of incidental petitions, or for the manner of defining the case (can. 1839). In matrimonial causes, in which it is called to intervene, it is the promoter of justice who receives the denunciation of the party or parties, who are unable to accuse, to interrogate the parties secretly, to advise the renewal of consent, and to examine, together with the bishop, the foundation of the denunciation (Instr. cit. S. Congr. of the Sacraments, art. 37 § 4, 38 § 1, 41 § 3).
The means by which the promoter of justice safeguards the public good are action and vote, namely the procedural or substantive observations which it submits to the judge or the judging college (ibid., art. 30). When the promoter of justice intervenes, all the acts of the process must be submitted to it and it must be cited in all matters; but it cannot demand, as the defender of the bond may (and must limit itself to requesting) that the acts suggested by it be carried out (can. 1969, n. 4); nor is it for it, but for the accused, to be heard last (can. 1984 § 1). If it is alone, it must itself attend to the drafting of the acts; but if it is associated with others, it may allow the parties to draft certain acts, always reserving to itself the examination of the same. The promoter of justice, like any plaintiff, may withdraw from the accusation at any stage of the process or renounce the appeal; but not without the consent of the Ordinary in diocesan processes (can. 1950) or of the Tribunal itself, as seems more probable and is practiced in practice, if it concerns apostolic tribunals. The promoter of justice may be appointed, like the defender of the bond, for the generality of causes, or in individual cases (can. 1588 § 2); thus it may be permanent or appointed in a transitory form. When elected for all causes in a permanent manner, it does not cease from its office, even during the vacancy of the diocese, nor can it be removed by the vicar capitular: upon the arrival of the new Ordinary, it must be confirmed. If, however, there is just cause, the bishop may also remove it from office (can. 1590). The office of promoter of justice is incompatible with the role of witness (can. 1757 § 3, n. 1), judge, notary, etc. As it is an office, there may be several persons exercising it: in a single tribunal there may be several promoters of justice of equal or subordinate rank (substitutes), always preserving the unity of the office.
III. THE PROMOTER OF JUSTICE IN APOSTOLIC TRIBUNALS, THE CONGREGATION OF THE HOLY OFFICE, AND THE STATE OF VATICAN CITY
125 PROMOTER OF JUSTICE — PROPAGATION OF CHRISTIANITY 126
In the Tribunals of the Holy See and before the Holy Office of the Holy Office, the promoter of justice is appointed by the Supreme Pontiff, by means of a letter from the Secretariat of State. Its duties are determined in the laws and regulations proper to each Dicastery (v. NOME. R. Rotae, art. 24 ff. Appendix ad Regulas servandas in iudiciis apud Supr. Sign. Apost. Tribunal, art. 14; V. also: ROMAN CONGREGATIONS, S. ACR, II, 1; TRIBUNALS OF THE HOLY SEE, II and III). In the State of Vatican City, in civil matters, the procedure established by the CIC is applied in ordinary cognition proceedings (art. 15, final paragraph, Law on Sources). And since in it, when it is a question of safeguarding the public interest, whoever intervenes is the promoter of justice, this expression is also used in the judicial system of the State of Vatican City to designate the guardian of the law (arts. 3, 6, 16, 19, 22).