The Apostolic Penitentiary, formally known as the Tribunal of the Apostolic Penitentiary, is one of three judiciary bodies in the Roman Curia, which together make up the judicial branch of the government of the Holy See. The Apostolic Penitentiary is responsible for ruling on issues relating to the recognition of forgiveness of sins in the Roman Catholic Church.

The work of the Apostolic Penitentiary has fallen historically into two categories:

• Resolution of disputes between a confessor and a penitent (occurring in either the internal forum or the external forum).
• Issuance and governance of indulgences.

The head of the Apostolic Penitentiary is one of only two Vatican officials who retains his position between the death of one Pope and the election of the next.

Confessor-Penitent Relations

Introduction: Basic Points Regarding Catholic Confession

In order to understand the function of the Apostolic Penitentiary regarding relations between confessor and penitent, it is necessary to understand a bit about the Catholic Sacrament of Reconciliation, formerly known as the Sacrament of Confession or Penance.

The sacrament is a rite by which, in Catholic belief, a penitent receives absolution for sins. Generally, the confessor hears the penitent's admissions of guilt, provides spiritual counseling as he sees fit, absolves the penitent, and assigns a penance. The penance is a set of practical and symbolic actions, the performance of which is intended to provide restitution for those injured by a sin, to focus the penitent's attention on relationship with God, and to give private and public evidence of the penitent's will to reform.

(In several historical cases, prior to the Second Vatican Council, a sin might be considered so heinous, or a penitent of such prominent public stature, that a priest would refer a penitent to the bishop for absolution. This procedure becomes important when we discuss the external forum.)

The Internal Forum

Catholic doctrine regarding the Sacrament of Reconciliation holds that, except under extreme circumstances, the admissions made by a penitent to a confessor are absolutely confidential. In this sense, confessor and penitent have a relationship similar to that of attorney and client, or doctor and patient. Unless the confessor reasonably believes that information regarding a particular confession of sin is vital in order to prevent a grave and immediate threat to the well-being of others, the confessor may never disclose any information about discussions which have occurred as part of the sacrament. Violations of this relationship are offenses against the internal forum; that is, violations of the private relationship between penitent and confessor.

If a penitent feels that a confessor has inappropriately released information which should have been kept 'under the seal of the confessional', he or she may take up the matter with the Apostolic Penitentiary, which is composed of priests and bishops trained in canon law. Much like a civil 'court of first hearing', the tribunal chooses whether to grant a hearing to the case, and issues an opinion on it. (The decision can be appealed to the Tribunal of the Roman Rota, and, if desired, to the Tribunal of the Apostolic Signature, which is the supreme court of the Curia.)

The External Forum

For particularly heinous sins (for example, rape or murder), or for somewhat less serious sins committed by penitents of high political or cultural standing, it was often the practice to impose rather harsh penances. This practice was particularly true in the medieval Church, for sins referred to a bishop for absolution. If a penitent felt that the penance imposed was disproportionate to the sins committed, he could submit the dispute to the Apostolic Penitentiary. The alleged offense was said to be against the external forum; that is, related to public acts required of the penitent.

If the tribunal decided in favor of the penitent, they would issue a formal statement confirming that appropriate recompense had already been made, that the penitent's sins were forgiven, and that the matter was closed.

These statements were transcribed by legal clerks, who did not receive wages or salary. The tribunal therefore arranged that fees be paid for the transcription of their decisions, and the monies given to the clerks who transcribed the decisions. Although this practice was no more objectionable in itself than charging a fee for duplication of medical or legal records, it has often been used to claim that the tribunal, and therefore the Church, were accepting money for the forgiveness of sins. This claim does not appear to be borne out by recent research.

The Apostolic Penitentiary no longer considers cases of violations against the external forum, nor has it since the eighteenth century.