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Latae sententiae
From Wikipedia, the free encyclopedia
Latae sententiae is a Latin term used in the canon law of the Roman Catholic Church meaning literally "given (laid down) sentence".
A latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened.
For example, canons 1367 and 1370 of the Code of Canon Law lay down that, unless the excusing circumstances outlined in canons 1321-1330 are verified, desecration of the consecrated Eucharistic species and a physical attack on the person of the Pope or a bishop, respectively, bring about the penalty of excommunication without any need for a formal decree of excomunication. The guilty individual is said to have incurred excommunication latae sententiae.
If the ecclesiastical authority takes notice that someone has incurred a latae sententiae penalty, it may declare that fact. However, the punishment is in effect since the fault was committed, and the declaration simply aims to ascertain that fact.
A latae sententiae penalty differs from a ferendae sententiae (sentence to be made) one. If one commits an ecclesiastical offense for which a ferendae sententiae punishment is prescribed, the penalty will only take effect when imposed by the competent ecclesiastical authority.
Note that latae sententiae is an adjectival phrase accompanying a noun, such as "excommunication". In connection with a verb, the corresponding adverbial phrase is in ablative absolute form, as in: "He was excommunicated lata sententia."