SPECIE CONSACRATE (DELITTO CONTRO LE).
- The profanation of the Eucharist is a sacrilege, a real injury against God. Already in ancient times it constituted a very serious offense, for which, notwithstanding the offender’s minor age, delivery to the secular arm was prescribed, in whose court the death penalty was contemplated. For clerics, the penalty of real degradation was additionally prescribed.
The CIC enumerates various forms of this offense: qui species consecratas abiecerit vel ad malum finem abduxerit aut retinuerit (can. 2320).
First of all, these must be Species of bread or wine validly consecrated, even if only in a minimal quantity. For the offense to exist, the offender’s faith in the Eucharist is not necessary; it is sufficient that he be baptized and conscious.
Abicere means to throw away, scatter, or pour out the Species irreverently in a profane place, even if not filthy, such as on the ground, on the floor, outside the church, etc. A bad purpose is not required; the mere fact that the S. c. are poured out or thrown away in an unsuitable place suffices, since the bad purpose is already implicit in the act being performed. Abducere is said of one who transfers the S. c. from their proper place to another. Thus, one abducit who removes them from the tabernacle, the ciborium, the monstrance, or the mouth, and conceals the S. c. Retinere is said of one who keeps the S. c. in his possession, that is, in his pocket, at home, or elsewhere, or with another person, whether secretly or publicly, whether freely or for compensation.
In the case of taking away and retaining, the bad purpose (ad malum finem)—that is, the profanation of the Eucharist—is required among the elements of the offense; for example, the use of the S. c. for the purposes of harmful magic, sorcery, divination, etc. Abicere, abducere, and retinere constitute three offenses and therefore entail a threefold penalty (cf. can. 2244 §§ 1-2), except where the three acts are so closely connected that they can be considered a single act.
According to can. 2320, whoever commits the offense in any of the forms 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 under the law; d) if a cleric, is additionally subject to deposition ferendae sententiae (cf. can. 2207).