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El artículo presenta un análisis de las leyes canónicas contra la profanación del sacramento católico de la Eucaristía. El autor ofrece una revisión de diferentes regulaciones al respecto a lo largo de la historia del Derecho canónico, la cual incluye la evolución de la tipificación de este delito y su castigo.

The article presents commentary on a circular letter dated April 18th, 2009 from cardinal Claudio Hummes, Prefect of the Congregation for the Clergy of the Holy See, to all ordinaries of the Catholic Church, describing special powers granted to the congregation by the Pope to intervene in certain cases regarding the defrocking of priests. These powers include expulsion from the clergy by extrajudicial decree, waiver of celibacy, and application of "ex officio" procedures for the deprivation of clerical status, according to the article. The powers question both the mandatory application of the judicial process in imposing perpetual sanctions and the characterization of crimes punishable by expulsion, as stipulated in the Code of Canon Law, the article asserts.

The article presents a reprint, in Spanish, of the substantive norms of the amended "Normae de gravioribus delictis," norms governing the power of the Congregation for the Doctrine of the Faith of the Holy See to judge and punish crimes against the Catholic faith. The norms authorize the congregation to judge cardinals, patriarchs, and bishops, define crimes against the faith as heresy, apostasy and schism, and establish that such a crime committed is extinguished by prescription after 20 years.

The reform of penal canon law, whose fruit is Book VI of the CIC of 1983, has reduced the area subject to coercion, has strengthened the recourse to charity and equity in the application of the law, has attempted to match the defense of the common good with the protection of subjective rights and has facilitated legal means so that the responsibility in the exercise of coercive power may be more distributed between central and local governments. The principal legislative novelties after the CIC of 1983 refer to the complete reception of the various forms of magisterium (motu proprio Ad tuendam Fidem) and have clarified important issues regarding the delimitation of the delicta graviora and jurisdiction over them (motu proprio Sacramentorum sanctitatis tutela). The crises suffered recently by the Church should lead to an awareness of the role corresponding to penal canon law in the protection and defense of the common good. [ABSTRACT FROM AUTHOR]

The article explores the penal process of Canon Law, as well as the nature and action of the Promoter of Justice. The author highlights what is described as a declination in the realization of criminal proceedings even in the context of accusations of sexual abuse of minors committed by clergy. Possible reasons behind this are outlined, including the need to prove the guilt of the accused beyond a reasonable doubt to administer punishment, and the view of the commission of the sin itself to be a manner of punishment.