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Jc-L 309: Canonical Penal Process Question Paper

Jc-L 309: Canonical Penal Process

Course:Canon Law

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2017

THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
MAIN EXAMINATION
JANUARY – APRIL 2017 TRIMESTER
INSTITUTE OF CANON LAW
REGULAR PROGRAMME (ORAL EXAMINATION)
JC-L 309: CANONICAL PENAL PROCESS
Date: APRIL 2017
INSTRUCTIONS: The student picks three questions and answers two of them. The lecturer can ask any other questions.
CHAPTER I: GENERAL CONCEPTS
Q1. Nulla poena sine iudicio. The Process as non Imprescindable Phenomenon
Q2. The Process as Instrument of Search for Truth
CHAPTER II: THE PRELIMINARY INVESTIGATION
Q3. The Preliminary Investigation in the CIC 1983: the notitia criminis - The Object, the Function and the Subjects of Investigation - The Preliminary Investigation and the Proof - Secrecy and Duration of the Preliminary Investigation - Juridical Nature of the Preliminary Investigation - The Closing of the Preliminary Investigation. The Provision of Can. 1341
Q4. Can. 1342: The Judicial Way or the Administrative Way? CHAPTER III: THE ADMINISTRATIVE PROCESS
Q5. The Administrative Process in the 1983 Code: Differences in respect of Judicial Process
Q6. The Citation of the Imputed Person and the Right to Defense
Q7. The Evaluation of Proofs
Q8. The Decisional and Impugnment Phase
CHAPTER IV: JUDICIAL PENAL PROCESS
Q9. The Exercise of the Criminal Action and Its Prescription: the Promotor of Justice
Q10. Precautionary and Urgent Provisions
Q11. Judicial Impendings Prior to the Beginning of the Process
Q12. The Imputed Person. The Citation to Judgment
Q13. The Right of the Accused Person to Defend Himself/herself
Q14. The contestatio litis
Q15. The Instruction Phase: - Interrogation of the Imputed Person - Examination of the Witnesses - Proof of the Expert - Documentary Proof
Q16. The Publication of the Acts and the Conclusion of the Case
Q17. The Discussion of the Case
Q18. The Decisional Phase
Q19. The Appeal
Q20. The Adjudged Matter. The nova causae propositio and the restitutio in integrum CHAPTER V: ACTION FOR THE REPARATION OF DAMMAGES
Q21. The legitimatio ad causam
Q22. The Promotion of the actio ad damna reparanda
Q23. The Deferral of the Judgment de damnis
Q24. The Penal Adjudged Matter and the Injured Party.
Q25. The Prescription of the Right to the Reparation of Damage: in Particular the Case of delicta Congregationi pro Doctrina Fidei reservata. Quantification of the damage.
*END*

Jc-L 309: Canonical Penal Process Question Paper

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