Impediment of Crime
Encyclopedia
The Impediment of Crime or crimen is, in the canon law
of the Roman Catholic Church
, a diriment impediment to marriage
arising from certain circumstance involving homicide
and adultery
— an impediment such that it prevents the marriage bond from being formed.
Under the Decretal
s of Pope Gregory IX
, the requirements were that either the adulterous pair should promise marriage after the death of the spouse, or that they should attempt marriage while the spouse was still living. While both partners had to be aware that they are committing adultery, affected ignorance, ignorance from refusal to investigate what they are doing, does not remove it.
Under the 1983 code of Canon law adultery is no longer an impidement to marriage. But it is still an impidement if you murdered your spouse in order to be able to remarry.
If the pair who wish to marry co-operated to kill the spouse of one of them, in order that they might be free to marry, the impediment is invoked, even if they had not committed adultery. Likewise, if one of an adulterous pair killed a spouse (of either partner) in order to marry, the impediment is invoked.
Only the pope may dispense this impediment. There are no instances in which any pope has done so.
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, a diriment impediment to marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
arising from certain circumstance involving homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
and adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
— an impediment such that it prevents the marriage bond from being formed.
Under the Decretal
Decretal
Decretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...
s of Pope Gregory IX
Pope Gregory IX
Pope Gregory IX, born Ugolino di Conti, was pope from March 19, 1227 to August 22, 1241.The successor of Pope Honorius III , he fully inherited the traditions of Pope Gregory VII and of his uncle Pope Innocent III , and zealously continued their policy of Papal supremacy.-Early life:Ugolino was...
, the requirements were that either the adulterous pair should promise marriage after the death of the spouse, or that they should attempt marriage while the spouse was still living. While both partners had to be aware that they are committing adultery, affected ignorance, ignorance from refusal to investigate what they are doing, does not remove it.
Under the 1983 code of Canon law adultery is no longer an impidement to marriage. But it is still an impidement if you murdered your spouse in order to be able to remarry.
If the pair who wish to marry co-operated to kill the spouse of one of them, in order that they might be free to marry, the impediment is invoked, even if they had not committed adultery. Likewise, if one of an adulterous pair killed a spouse (of either partner) in order to marry, the impediment is invoked.
Only the pope may dispense this impediment. There are no instances in which any pope has done so.