Canon 1324

Cases to which the canon applies

The diminution or replacement of the penalty must be applied if the offence was committed by:

1. Someone with imperfect use of reason
2. Someone temporarily lacking the use of reason because of drunkenness or some similar mental disturbance
3. Someone who, while not altogether losing the use of reason, acts in the heat of passion, without having deliberately provoked that passion
4. Someone not yet sixteen years old
5. Someone who acts out of grave fear, necessity or serious inconvenience when the act is intrinsically evil or tends to harm souls (if the act committed in these circumstances is not intrinsically evil or harmful to souls, then there is no penalty)
6. Someone who acts in lawful self-defence but without due moderation (if due moderation was used, then there is no penalty)
7. Someone who reacts against grave and unjust provocation by another
8. Someone who erroneously but culpably thought the circumstances mentioned in parentheses above under numbers 5 and 6 existed, circumstances that according to canon 1323 exempt from all penalty
9. Someone who was inculpably unaware that a penalty was attached to the law or precept against which he offended
10. Someone who acted with grave but not full imputability

In the circumstances listed above latae sententiae (automatic) excommunications do not apply.

A judge may diminish or replace a prescribed penalty also in view of other circumstances that reduce the gravity of the offence.