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According to Catholic canon law, if a priest or bishop is investigating embezzlement (or some other crime) in the Church, and one person is credibly accused, but another person not suspected at all, and confesses in detail to the priest that they actually embezzled from the Church, can the priest/bishop use that knowledge in some way to stop prosecuting the wrongly accused person if it in no way implicates the guilty person or implies that the seal of Confession has been violated?
If not, how would they morally justify their own successful prosecution of a person they are certain is innocent?
Additionally, couldn't the limitations the seal provides, be used by guilty parties by confessing to clergy in authority, to prevent them from acting in an investigative or juridical manner on matters they have received Confessions about?
Many thanks!
Scott Downey
{
Can a priest use the knowledge from a Confession to stop prosecuting a wrongly accused person? }
Bob replied:
Dear Scott,
The priest cannot disclose anything from the seal of the Confessional, even if it were to do some good. In the hypothetical case you suggested, the priest could make the penance for the guilty to reveal the truth to the authorities and thereby vindicate the falsely accused.
If the person was unwilling to disclose the truth to prevent the wrongly accused person from suffering imprisonment, then it would indicate his contrition is not sincere and his sin could be retained.
The priest has the power to retain as well as forgive sins. That would be the best outcome in my view.
According to Catholic canon law, the priest cannot use knowledge gained in Confession in any way that would violate the sacramental seal. (1, 2, 3) The inviolability of the seal is paramount, and it admits no exceptions. (4)
Here's a breakdown of the situation:
The Inviolability of the Sacramental Seal
Absolute Secrecy: Canon law strictly forbids a confessor from betraying a penitent in any way or for any reason. (1) This includes not only direct disclosure but also any indirect action or sign that could reveal the confessed sins. (5, 6)
No Exceptions: The obligation of secrecy admits no exceptions, whether in the ecclesial or civil sphere. (4) The priest is bound interiorly and forbidden to voluntarily remember the Confession and is obliged to suppress any involuntary recollection of it. (4)
Protection of the Penitent: The purpose of the seal is to protect the penitent and ensure the sanctity of the sacrament. (4) The penitent must be certain that the sacramental conversation will remain secret. (4)
"Non ut homo, sed ut Deus": The priest becomes aware of the sins of the penitent "not as man, but as God" to such an extent that he simply "does not know" what he was told during Confession because he did not listen to him as a man but, precisely, in the name of God.(4)
Moral Justification and the Dilemma of an Innocent Person Being Prosecuted
Cannot Use Confessional Knowledge: The priest or bishop cannot use the knowledge gained in Confession to stop the prosecution of the wrongly accused person if doing so would imply a violation of the seal. (3)
Moral Obligation: The priest is bound by the sacramental seal, which is considered inviolable. (1, 2, 3)
Acting Separately from Confessional Knowledge: The priest or bishop would need to find a way to act on the information through means that do not involve the Confessional. (5)
Seeking External Evidence: The priest or bishop would need to seek external evidence or other means to bring the truth to light without violating the seal.
Potential Abuse of the Seal
Risk of Abuse: It is true that the limitations of the seal could potentially be used by guilty parties by confessing to clergy in authority to prevent them from acting in an investigative or juridical manner on matters they have received Confessions about.
Limitations on Investigative or Juridical Actions: The priest cannot use the Confession directly to influence any investigation or legal proceedings. (3)
God's Law: Divine law forbids the revelation of what is confessed. (5)
Conclusion
The priest is bound by the sacramental seal, which is considered inviolable. (1, 2, 3) The priest or bishop would need to find a way to act on the information through means that do not involve the confessional. (5)
IV. Respect for The Truth.
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. 2490 The secret of the sacrament of reconciliation is sacred, and cannot be violated under any pretext. "The sacramental seal is inviolable; therefore, it is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason." (Code of Canon Law, Canon 983 § 1)
CCC 1467
VIII. The Minister of this Sacrament.
.
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1467 Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him. He can make no use of knowledge that confession gives him about penitents' lives. (Cf. CIC, can. 1388 § 1; CCEO, can. 1456.) This secret, which admits of no exceptions, is called the "sacramental seal," because what the penitent has made known to the priest remains "sealed" by the sacrament.
