Confession, Priests, and Civil Law

[naomi24]

This question resulted from another posted elsewhere.

Priests are required by the church to keep confessions confidential. However, if someone confesses to having committed a criminal offence, and subsequently reveals the priest’s knowledge of that crime to the police, can/would the priest be charged, under civil law, with concealing a crime, obstructing justice, withholding evidence, etc?

[sandyRoe]

I doubt if the authorities would take any action against the confessor. They'd only have the word of a self confessed criminal that the priest knew anything about the crime. He, being bound by the rules of the confessional, could neither confirm or deny that he knew.

[hc4361]

No. What weight does hearsay have in criminal law? Is a confession evidence?

[naomi24]

Sandy, //He, being bound by the rules of the confessional, could neither confirm or deny that he knew. //

That's true.

[hc4361]

No. What weight does hearsay have in criminal law? Is a confession to a priest evidence?

[naomi24]

No, it isn't evidence, but if a criminal confessed to committing a crime to one of us and we failed to report it, I suspect we'd be in trouble.

[Davethedog]

The confessional is sancrosanct and my understanding is that the law see it that way.

There are many storys from Ireland about conffessions and priests during the troubles.


As for heresay, theres many a criminal been locked up because of what they have said to cell mates.

[doctordb]

The vatican has covered the tracks of many a priest over the years.

[naomi24]

The Irish government were planning to legislate to override this, but I don't know what the outcome was.

[sandyRoe]

The sacrament of confession has its rituals but at the heart of it the sinner is admitting to themselves that they have done wrong.
A truly repentant criminal might first confess in the presence of a priest in the confessional and then go and do the same in front of a member of the Guarda.

[naomi24]

//A truly repentant criminal might first confess in the presence of a priest in the confessional and then go and do the same in front of a member of the Guarda. //

And another might feel he's squared it with God, so never mind society.

[doctordb]

If everyone else in society can be prosecuted for concealing a crime then so should a priest. What if the 'confessor' went on to re-offend?

[naomi24]

I expect some of them do.

[sandyRoe]

It would, as my old dad used to say, be 'all up' if the confessors were committing crimes too.

[naomi24]

Sandy, you know doctorb isn't talking about the priests - don't be naughty. Which would you prefer? Smacked legs or custard pie?

[sandyRoe]

The trouble is that too many of the confessors were steeped in sin and committing crimes of the worst sort.
but I'll go and sit on the naughty step anyway

[naomi24]

There's a good boy. Sperlatt! :o)

[doctordb]

Sandy, saints not included :-) let me change 'confessor' for 'criminal'

[joko]

well confession is supposed to be anonymous isnt it - with the screeen and no names etc ... so even though in reality the priest may recognise the persons voice or vague shape, if a stranger came in theres no way he actually could report him without knowing who he was or getting a good look at him... hes hardly going to make a citizens arrest is he?

i assume that would be the priests defence.

it also brings up another issue of identification - what if the priest 'thought' he knew the person confessing and reported him - but actually it was just someone very similar...? without a proper look at his face they couldnt really say for sure...

i suspect anyone who did confess to a priest something of that magnitude would head off to a church where no-one knew him...just to be sure