SPECIE CONSACRATE (DELITTO CONTRO LE)

CONSECRATED SPECIES (CRIME AGAINST)

The profanation of the Eucharist is a sacrilege, a real injury to God. Already in ancient times it constituted a very grave crime, for which, despite the minor age of the offender, delivery to the secular arm was established, in whose jurisdiction the death penalty was contemplated. For clerics, the penalty of real degradation was also foreseen.

The *Codex Iuris Canonici* (CIC) lists various species of this crime: *qui species consecratas abiecerit vel ad malum finem abduxerit aut retinuerit* (can. 2320).

First of all, one must be dealing with Species of bread or wine validly consecrated, even if only in minimal part. For the crime to be committed, the offender need not believe in the Eucharist; it is sufficient that he be baptized and conscious.

*Abicere* means to cast away, scatter, or irreverently pour out the Sacred Species in a profane place, even if not sordid, such as on the ground, the floor, outside the church, etc. Evil intent is not required; the mere fact of effusion or casting away the Sacred Species in an unsuitable place suffices, since evil intent is already implicit in the act performed. *Abducere* refers to one who transfers the Sacred Species from one place to another. Thus, one *abducit* who removes them from the tabernacle, the ciborium, the monstrance, from the mouth, and hides the Sacred Species. *Retinere* refers to one who keeps the Sacred Species with himself, i.e., in a pocket, at home or elsewhere, or in the possession of others, whether secretly or publicly, whether gratuitously or for compensation.

In the case of *abducere* and *retinere*, among the elements of the crime, evil intent (*ad malum finem*) is required, namely, the profanation of the Eucharist; for example, the use of the Sacred Species for purposes of sorcery, witchcraft, divination, etc. *Abicere*, *abducere*, and *retinere* constitute three distinct crimes and therefore entail a triple penalty (cf. can. 2244 §§ 1-2), except in the case where the three acts are so closely connected as to be considered a single act.

According to can. 2320, one who commits the crime in any of the described forms: a) is suspected of heresy (cf. can. 2315); b) incurs a *latae sententiae* excommunication specially reserved to the Apostolic See; c) is ipso facto infamous by legal infamy; d) if a cleric, is moreover subject to deposition *ferendae sententiae* (cf. can. 2207).

BIBL.: for history: G. Pertile, *Storia del dir. pen. ital.*, Milano 1905, p. 194; for current law, cf. commentaries on can. 2320. Angelo Criscito