CONSECRATED SPECIES (CRIME AGAINST THE). - The profanation of the Eucharist is a sacrilege, a real injury against God. Even in ancient times it constituted a most grave crime, for which, notwithstanding the minority of the offender, delivery to the secular arm was established, in whose forum the death penalty was contemplated. For clerics the penalty of real degradation was furthermore provided.
The CIC enumerates various species of this crime: qui species consecratas abiecerit vel ad malum finem abduxerit aut retinuerit (can. 2320).
First of all it must concern Species of bread or wine validly consecrated, even if only in a minimal part. For the crime to exist, faith in the Eucharist is not necessary in the offender; it is sufficient that he be baptized and conscious.
Abicere means to throw away, scatter, pour irreverently the Species in a profane place, even if not filthy, as on the ground, on the floor, outside the church, etc. A wicked purpose is not required; the mere fact of the pouring out or throwing of the S. c. in an unsuitable place is enough, because the wicked purpose is already implicit in the act that is performed. Abducere is said of one who transfers the S. c. from their proper place to another. Thus abducit he who extracts them from the tabernacle, from the pyx, from the monstrance, from the mouth, and hides the S. c. Retinere is said of one who keeps the S. c. with himself, that is, in his pocket, at home or elsewhere, or with others, whether secretly or publicly, whether without payment or for compensation.
In the case of adducere and retinere, among the elements of the crime a wicked purpose (ad malum finem) is required, that is, the profanation of the Eucharist; for example, the use of the S. c. for the purpose of maleficium, of sorcery, of divination, etc. Abicere, abducere and retinere constitute three crimes and therefore carry a threefold penalty (cf. can. 2244 §§ 1-2), except in the case in which the three acts are so closely linked to one another as to be able to be considered a single act.
According to can. 2320, whoever commits the crime in each of the figures described: a) is suspected of heresy (cf. can. 2315); b) incurs excommunication latae sententiae reserved specialissimo modo to the Apostolic See; c) is ipso facto infamous with infamy of law; d) if a cleric, he is furthermore subject to deposition ferendae sententiae (cf. can. 2207).
Bibliography2 works
Angelo Criscito