September 2001
The crime of abortion: Questions and answers
1. What is procured abortion?
Procured abortion is the deliberate and direct elimination, however it is done, of a human being in the initial
phase of its existence, which goes from conception to birth. So it has been declared on May 23, 1988 by the Pontifical
Commission for the Authentic Interpretation of Legal Texts: "Abortion is not only killing the developing fruit
of the womb, but any action that in any way and in any moment leads to its death. The punishment affects everyone
involved in the abortion and not only the mother who kills or has her child killed."
2. Why is abortion considered a "horrendous crime"?
Abortion is an "horrendous crime," as defined by the Second Vatican Council, because it entails
taking an innocent child's life, one who has committed no crime. Furthermore, the crime is even worsened due to
the fact that the child, who would have a right to the love of its parents, by being a victim, would not be able
to enjoy any of life's goods, namely Baptism and the graces of Christianity. Finally, this crime is committed against
someone absolutely incapable of defending himself and is one that is not efficiently (adequately?) punished by
human justice, thus Divine justice should be feared even more.
3. What penalties does the person who performs or has an abortion incur?
He who abets and deliberately practices an abortion or accepts one being performed on her or lends indispensable
aid for its realization incurs a moral guilt and canonical penalty, that is, commits a sin and a crime.
4. What entails moral guilt?
Moral guilt is a grave sin against the sacred value of human life. The Fifth Commandment orders THOU SHALT
NOT KILL. Abortion is an exceptionally serious (mortal) sin, because the victim is innocent and defenseless and
his death is caused precisely by those who have a special obligation of looking after his life. Even more, it has
to be taken into account that the aborted child is deprived of Holy Baptism.
5. What is a canonical penalty?
A canonical penalty is the punishment the Church imposes on certain criminal actions, which are set out in
the Code of Canon Law, because they are external transgressions, voluntary and gravely punishable under a law that
carries a penalty.
6. How does the Church punish abortion?
The Church punishes abortion with the canonical penalty of excommunication not only for the mother and the
physician, but for any person without whose help this crime against human life would not have taken place. Canon
1398 from the CCC says anyone who seeks an abortion, if it happens, incurs an excommunication latæ sententiæ.
7. What does "incurring an excommunication" mean?
It means to fall under penalty, by which the subject is excluded from the communion of the faithful and,
as a direct consequence, is forbidden to participate in ministerial celebration of the Eucharist or any other celebration
of cult whatsoever, and celebrating the sacraments or sacramentals as well as holding ecclesiastical office ministries
or responsibilities or performing any acts of regimen.
8. What does "excommunication latæ sententiæ" mean?
This expression means that the one who incurs it is automatically excommunicated, by reason of the crime
itself, without the need of any Church authority to declare so.
9. Does the phrase "if it--the abortion--happens" have any special meaning?
Yes, it does. It means that, in order for the excommunication to take place, the abortion must be completed;
that is, the child has to die as a consequence of the abortion. If by any chance the abortion is not completed,
there will be no excommunication, although the sin will stand.
10. If a woman uses drugs or IUDs which are abortifacients, is she excommunicated?
No, because it does not follow that in every chance there was an abortion, because it is not known whether
there was fecundation or not and, consequently, whether the embryo was expelled. However, the use of these methods
is always a serious sin, due to the fact that they may be the cause of an abortion and because of the sin against
chastity.
11. In the case of abortion, who are involved in the excommunication?
If all the requirements are met for the crime of abortion, in this case, aside from the woman who voluntarily
has it performed, everyone who has aided and abetted in an indispensable way for it to happen, are excommunicated,
i.e. those practicing it, those without whose help it could not have happened, those advising for it and decisively
encouraging it, etc. (e.g. the anesthetist, the nurse, the person paying for it, etc.).
12. Is abortion justified in order to save the mother's life?
If the mother's life is in any danger, it must be saved by all means possible. The same applies to the child's
life, which should also be preserved at all cost. It is not licit to directly kill one to save the other one. If,
while trying to save both lives, accidentally and without intention one or both should die, there is no crime;
but one must always strive to save both lives, which are equally precious to God.
13. And can we not use abortion in order to prevent an abnormal child being born?
Only God is the master of life, and man cannot condemn to death an innocent creature because it is abnormal
or because of the fear that it might be abnormal. Although health and normalcy are man's perfections, man does
not live in order to be healthy; this is not the supreme value. Persons who are sick, deformed or otherwise can
be very happy in this life and reach a high degree of sanctity, glory, and happiness in the future life. More so,
they can lend great service to God and men, even if they are partially handicapped; no one can predict with certainty
how the life of an unborn child will be.
14. Why is it that abortion is punished with so severe a canonical penalty as excommunication?
The reason for this is to protect-also in this way, and not only through catechesis, and the proper formation
of conscience-the life of the child from the same instant of its conception, because the Church recognizes that
the fragile life of children in the mother's womb depends decisively on the attitude of those who are nearest,
who are, moreover, the ones with the most direct and special obligation of protecting her: the parents, physicians,
etc. Then, when the child is born, he'll also be protected by society itself.
The Church has always understood that abortion is one of the worst crimes from the moral point of view. The
Second Vatican Council says on this issue:
God, Lord of Life, has entrusted men with the high mission of protecting life, which has to exist in
a way worthy of mankind. This is why life already conceived has to be protected with extreme care; abortion and
infanticide are abominable crimes.
The Catechism also points this out clearly:
Human life must be respected and protected in an absolute manner from the moment of conception. From
the first moment of its existence, all rights must be granted to a human being, among which are the unalienable
right of every innocent to life (Congregation for the Doctrine of Faith, Donum Vitæ 1,1).
Before I formed thee in the bowels of thy mother, I knew thee: and before thou camest forth out of the
womb, I sanctified thee" (Jer 1,5; Cf. Job 10,8-12; Psa 22,10-22).
My bone is not hidden from thee, which thou hast made in secret: and my substance in the lower parts
of the earth" (Ps 139, 15).
From the first century the Church has stated the moral evil of all abortions. This teaching has not changed.
Abortion, as means or an end, is gravely opposed to moral law.
You shall not kill the embryo through an abortion, you shall not kill the new-born child (Didache 2,2,
Barnabas 19,5, Epistle to Diognetus 5,5, Tertulian Apol. 9).
15. But, given the fact that more and more countries and laws allow abortions, would it not have been a merciful
act for the Church to have mitigated the penalties for Catholics who abort?
The Church could have changed, in the last and profound revision of the Code of Canon Law, which ended in
1983, the penalty of excommunication that is imposed on those who consciously abort. But she did not, precisely
because in the last decades a moral relaxation of the people's sensibilities had happened around the world, including
many believers, toward this crime. And if this social laxity on morals, which exerts an actual pressure on consciences,
can diminish the seriousness of the crime, a lessening of the penalty would have, inevitably, conveyed the erroneous
idea that the Church considers abortion as less serious than before, when, evidently, it is not so.
The Church is Mother and Teacher; as a Mother, it is slow to anger and quick to forgiveness, but as a Teacher
it cannot detract from the deposit of doctrine she has received from God, and cannot say that something is good
if it is wrong, neither can she let others think she does.
16. Could a person acquiesce to or collaborate in an abortion and not incur an excommunication?
Yes. Since in the CCL there is no penalty if there is no grave sin (mortal), there are circumstances in which
this penalty, which requires full imputability, does not apply. For instance, there is no excommunication for those
who decide for an abortion if they are ignorant that it is punished with excommunication; those who are not aware
that voluntary abortion is a mortal sin; those who have been forced to abort through irresistible force or extreme
fear; those under sixteen (16) years of age; in general those who have acted without full warning and total acceptance.
Canon 1323, CCL says to this respect:
No one is liable to a penalty who, when violating a law or precept:
1. has not completed the sixteenth year of age;
2. was, without fault, ignorant of violating the law or precept; inadvertence and error are equivalent
to ignorance;
3. acted under physical force, or under the impetus of a chance occurrence that the person could not foresee
or if foreseen could not avoid;
4. acted under the compulsion of grave fear, even if only relative, or by reason of necessity or grave
inconvenience, unless, however, the act is intrinsically evil or tends to be harmful to souls;
5. acted, within the limits of due moderation, in lawful self-defense or defense of another against an
unjust aggressor;
6. lacked the use of reason, without prejudice to the provisions of Canon. 1324, ¤1, n. 2 and 1325;
7. thought, through no personal fault, that some one of the circumstances existed which are mentioned
in nn. 4 or 5.
17. Is not the Catholic doctrine on abortion a difficult doctrine which very few will be able to follow?
With almost the exact same words did the people in Jesus' time reply when they heard His preaching (John
6: 60). The Lord Himself told us that we have to follow the narrow road to the Heavenly Kingdom (Mat 7:13). Following
Christ in His Church is not easy, but with God's grace the road is leveled and all problems are overcome, no matter
how big they look to us. The Lord also said that we should go to Him with confidence and He would relieve us of
our anguish (Mat 11:28).
The Catholic doctrine on abortion does not come from the will of the ecclesiastic authority, rather it is
founded in the depths of the nature of things wanted by God, which are expressed in the Law He has revealed to
us and which the Church has the duty to transmit: It will never be licit to eliminate the life of a defenseless
and innocent human being. But the Church also has to fulfill her duty by being the place where Christians can better
strengthen their faith and be helped to live their Christian lives more intensely.
18. How are those who have incurred excommunication due to the sin of abortion to obtain the absolution of excommunication
and sin?
If a Catholic finds himself in this situation, he should go to his Bishop or those priests who have been
given the authorization to forgive it.
In the Archdioceses of Lima, aside from the Bishop, the following have the authority the absolve the excommunication:
* The General Vicar.
* The Penitentiary Canon.
* The Episcopal Vicars, in their territories.
* The parish priest in his parish.
* The priest who, because he is a member of an Institute of Consecrated Life, has this privilege and
has not had it revoked.
* The confessors named for that purpose by the Bishop in the Cathedral Basilica of Lima, in the Nazarenas'
(Nazarenes) Church and San Pedro (St. Peter) parish.
* And, those priests who, having asked for this privilege, have had it granted by the bishop.
Any other priest in good standing on the Archdioceses of Lima who, because of his pastoral ministry, wishing
to have this faculty, should write to the Curia asking for. The Bishop will, after evaluating the request, decide
for or against it; if he does, it shall be in writing.
19. What shall a priest take into account when a person ignores the penalties in regards to abortion?
Provided that the person is legally an adult (16 or more), he should consider the following:
1. If it is the case of involuntary ignorance to the penalty in Canon 1323, 2º; the faithful must
be reminded that he is under no penalty. In this case, any priest in good standing can absolve the sin. He would
be guilty, and this ignorance not considered exculpatory if it was fully voluntary, that is, he purposely kept
himself ignorant so as to not be forced to comply with what the norm prescribes, or even tried to use it as an
excuse to act freely.
2. In the case of involuntary ignorance as to the norm set out in Canon 1324, 9º; this is, of the
law or precept that establishes a penalty for those who infringe it "the penalty prescribed in the law or
precept must be diminished, or a penance substituted in its place, if the offence was committed."
In this case, any priest in good standing can absolve the sin and impose any penance he may see fitting.
We have to stress that the person does not incur an automatic excommunication, even though the will to break the
law was present, the will to confront the penalty was not. We should point out that it would be a mitigating factor
that the person was ignorant that abortion had any penalty whatsoever, but it would not if the faithful knew it
had a penalty, but did not know it was specifically excommunication.
20. What should the confessor do when a penitent, who knows the penalties of abortion, finds it too hard to remain
in mortal sin?
If the penitent should find it very hard to remain in a state of mortal sin during the time it would take
for the competent Superior or priest with faculties to absolve him, the confessor can absolve, in the internal
sacramental forum, the undeclared censures of excommunication or interdict, latæ sententiæ.
However, "in granting the remission, the confessor is to impose upon the penitent, under pain of again
incurring the censure, the obligation to have recourse within one month to the competent Superior or to a priest
having the requisite faculty, and to abide by his instructions. In the meantime, the confessor is to impose an
appropriate penance and, to the extent demanded, to require reparation of scandal and damage. The recourse, however,
may be made even through the confessor, without mentioning the name of the penitent. The same duty of recourse,
when they have recovered, binds those who in accordance with Canon 976 have remitted an imposed or declared censure
or one reserved to the Holy See."
21. In danger of death, can any priest validly and licitly absolve of any censures and sins whatsoever?
"Any priest, even though he lacks the faculty to hear confessions, can validly and lawfully absolve
any penitents who are in danger of death, from any censures and sins, even if an approved priest is present."
22. In the case of a priest with faculties of absolving of sin and excommunication; how should he do it?
The confessor can, before absolving the sin, remove the censure with this formula:
By virtue of the powers vested on me I absolve you of the bond of excommunication. In the name of the
Father, and of the Son and of the Holy Spirit.
During the confession it would only be necessary to express the intention of absolving the censure.
23. What are the consequences of the crime of abortion for the members of an institute of consecrated life, of
a secular institute or a society of apostolic life; or on those aspiring to receive holy orders or that have already
been ordained?
In the case of the members of an institute of consecrated life, of a secular institute or a society of apostolic
life, abortion entails expulsion.
For those aspiring to receive holy orders or those who have already been ordained, it causes irregularity
to receive them or exercise them.
24. What should the confessor take into account in the case of irregularities?
He should take into account that to absolve an irregularity he must file a petition. This petition can be
filed by the penitent himself or through the confessor.
If filed by the confessor, the petition must not indicate the penitent's name but a false one. The petition
should be sent to the Rt. Hon. Cardinal Penitentiary Mayor. - Piazza della Cancelleria, 1. - 00186 Rome, and sent
through the Peruvian Nuncio.
25. What is the formula to dispense of an irregularity?
Once the dispensation has been obtained from the Sacred Penitentiary, the confessor, whether during confession
and once the absolution has been given, or outside the sacrament of penance, uses the following formula:
By virtue of the powers vested in me, I dispense you of the irregularities which you have incurred. In
the name of the Father, and of the Son and of the Holy Spirit.
26. What attitude should the parish priest have with regard to the Holy Eucharist, in the case of those people
who, calling themselves "Catholic" publicly manifest their position in favor of abortion?
Because of all that has been said, Catholic people who take this position are committing a serious fault,
which consists of defending the crime. It does not matter that the person says that he "personally does not
believe in abortion and that he is only defending the right of every woman to practice it."
The priest who has a parishioner in this condition, before denying him the Holy Eucharist publicly, must
talk to him or her in private and warn that should they not recant, he would be forced to publicly deny them the
Eucharist. If he does not recant, he should be denied the Eucharist publicly, provided he asks for it.
27. Are Catholics, aside from not collaborating in any abortion, under any other obligation in this matter?
All Catholics are called to live a full life, that is to sanctity, and to actively contribute to the furthering
of the Kingdom of God on earth, taking the Gospel to the ends of the world. If every responsible member of a society
that calls itself civilized has the obligation of defending life and human dignity, it is much more so in the case
of Catholics.
28. How can this be done, in the case of abortion?
Making it possible for human life to be respected in society is every person's responsibility in their daily
work, due to the fact that everyone, through example, words, behavior, writings, opinions, votes, children, education,
etc., influences how the rest think, live and how they legislate. An important role is certainly ascribed to politicians,
teachers and those in the media, due to the impact their words or actions have on the community; but they who influence
society, are also influenced by it.
29. What can an ordinary Christian, a normal citizen who does not appear on TV or speak in public or teaches,
do to influence others?
The first thing one can and should do to support life is live aware of his dignity. We will only support
life if we see ours in all its greatness and if our conduct is becoming to our faith. The example set by Our Lord
Jesus, taking each person He encountered seriously, should serve all of us so that every person that crosses our
path feels valued and taken into account as unique and loved beings.
Such a statement on our personal lives will make it possible for a love to be born, a love for every person,
including those conceived and not yet born.
But, aside from this attitude there are many more concrete ways of specifically working in favor of life:
* Praying to the Lord for those lawmakers and communities leaders in general, so that they would understand
that unborn children are the most innocent and defenseless members of our society, and that, as it has been repeatedly
said by the Holy Father, John Paul II, you can never legitimize the death of an innocent.
* Never underestimating the moral value of suffering and sacrifice, whose rejection leads us to justify
any attempt at ending what we think are their causes, including the elderly or the helplessly sick, the handicapped
who are a burden or the new children who may complicate life or diminish a family's welfare.
* Sheltering and aiding, also economically, those who, by reason of their pregnancy, are in dire straits.
* Receiving with joy, as hard as it may be, the new sick or handicapped child who arrives in the family,
as a blessing from God. It is commendable to witness the testimony given in this issue by many Christian parents.
* Giving praise to those public writings or television programs that defend human life, and criticizing
those who attack it.
* Informing those around us, charitably but firmly and clearly, of the reality of the unborn child and
the importance of defending his or her right to live.
* Physicians, especially gynecologists and other health professionals, must use the technologies that
allow a mother to see with her own eyes, through ultrasound, the child in her womb, moving, swimming, sucking on
a finger. It has been said that if a mother's abdomen were transparent, many would think differently regarding
abortion.
These are just a few examples on how big a field of work a Christian has before him in regard to this serious
issue.
30. Finally, what does Peruvian law say about abortion?
Regarding abortion, laws absolutely reject it and so are in favor of the defense of life from the moment
of conception until its natural ending. It is thus mentioned in our constitution, civil and penal Codes, as we
shall see.
Peruvian Constitution
Article 2. Fundamental rights of the person.
Every person has the right to:
1. Life, identity, moral, mental and physical well-being. The conceived (child) is defended by law in everything
which favors it.
Civil Code
First Section: Of the people
Title I: Beginning of Personhood
Article 1.- Beginning of personhood and human life.
The human person is subject to the law from the moment of birth. Life begins at conception. The conceived child
is also subject to the law in everything which favors it. Property rights are awarded provided that it is born
alive.
Penal Code
Chapter II: Abortion
Article 114. Self-abortion
A woman, who practices an abortion on herself or permits someone else to perform it, shall be sentenced to no more
than 2 years in prison or from 55 to 104 days of community service. [N.B. In Peruvian legislation, first-time offenders
serve no prison time if the sentence is less than 4 years.]
Article 115. Voluntary abortion
The person who causes an abortion with the consent of the mother, shall serve from 1 to 4 years of prison. If the
mother's death should follow and could have been prevented, the sentence shall be from 2 to 5 years.
Article 116. Forced Abortion
The person who practices and abortion against the mother's will, shall serve from 3 to 5 years in prison. If the
mother's death should follow and could have been prevented, the sentence shall be from 5 to 10 years.
Article 117. Reason for heavier sentences, regarding the person.
The obstetrician, chemist, or any other health professional who abuses his knowledge to cause an abortion shall
serve the sentences set out in Articles 115º and 116º and shall have his license suspended as set forth
by Article 36.
Article 118. Unintentional abortion
The person who through violence causes a miscarriage, without intention but with the pregnancy being obvious, shall
serve a sentence of no more than 2 years or from 52 to 104 days of community service.
Article 119. Therapeutical abortion.
The abortion, if practiced by a physician and with the mother's (or proxy's) consent, will not be punished if it
is the only way of saving the mother's life or preventing a serious and permanent health problem.
Article 120. "Sentimental" and "Eugenic" abortion.
[N.B. The term "sentimental abortion" is used in Peru to mean the abortion in cases of rape.]
Abortion shall be punished with a sentence of no more than 3 months:
1. When the abortion is motivated due to a rape outside the marriage or forced artificial insemination outside
the marriage, if a suit has been filed with the police.
2. When it is probable that the embryo would be born with serious handicaps.
Translation provided at the request of Catholic Family Association of America by Rodrigo de Piérola of Lima,
Peru, a Cambridge Certified Teacher of English.
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