Alcune considerazioni sui concetti "istruttore" e "uditore" e sull'espressione "giudice instruttore"
The legal concepts of auditor, instructor and iudex instructor are well known in the fields of canonical procedural law, but they are not always given an adequate explanation. The previous legislation used the three concepts, while the current one only uses the first two. The auditor and the instruc...
| Main Author: | |
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2016
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| In: |
Revista española de derecho canónico
Year: 2016, Volume: 73, Pages: 181-206 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Bishop
B Catholic church Codex iuris canonici 1983. can. 1687 B Procedural law B Catholic church Codex iuris canonici 1983. can. 1704 B Interrogation B Catholic church Codex iuris canonici 1983. can. 1425, §4 B Catholic church Codex iuris canonici 1983. can. 1686 B Judge B Examining judge B Catholic church Codex iuris canonici 1983. can. 1685 |
| Summary: | The legal concepts of auditor, instructor and iudex instructor are well known in the fields of canonical procedural law, but they are not always given an adequate explanation. The previous legislation used the three concepts, while the current one only uses the first two. The auditor and the instructur in the Code are two similar offices , whose job is it to collect evidences in the investigation of a case and deliver them to the judge. In doing that, they exercise the executive power, but not the judicial. However, many commentators call iudex instructors both the auditor and the instructor, which leads to confusion as there seem not to be a clear distinction between administrative and judicial acts of the judge - a discussed issue prior to the current legislation -, nor the power of the auditor or the instructor. Therefore the use of the expression "examining magistrate" is not correct, because the Code clearly distinguishes the auditor and the instructor from the judge, on whom they depend in the exercise of their function Vgl. can. 1580; 1581; 1582; 1966; 1985 CIC/1917. |
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| ISSN: | 0034-9372 |
| Contains: | Enthalten in: Revista española de derecho canónico
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