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Canon 1324 is a canon of the 1983 Code of Canon Law that enumerates situations according to which penalties prescribed in canon law must be diminished or replaced by a penance. The canon does not automatically remove the penalty completely except in cases of latae sententiae (automatic) excommunication.
The diminution or replacement of the penalty must be applied if the offence was committed by:
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.
The SSPX argues that Marcel Lefebvre's ordination of four bishops on 30 June 1988 (the Ecône consecrations) in contravention of a direct order from Pope John Paul II was by reason of a state of necessity, citing in his defense canons 1323 and 1324 of the 1983 Code of Canon Law.
Main article: 2009 Brazilian girl abortion case
In March 2009, after an abortion on a nine-year-old girl raped by her stepfather and pregnant with twins had been performed to save her life, Archbishop José Cardoso Sobrinho of Olinda and Recife stated that latae sententiae excommunication had been incurred by the girl's mother and the medical team. The National Conference of Bishops of Brazil disowned his statement, saying that, in accordance with canon law, the mother was certainly not excommunicated, since she had acted "out of grave fear" (cf. no. 5 of this canon) and there was insufficient evidence to show that any member of the medical team was acting with the full awareness and contumacy envisaged in this canon (cf. nos. 8 and 9). Bishop Jean-Michel di Falco of Gap, France also denied the applicability to the girl's mother of canon 1398 of the 1983 Code of Canon Law, which imposes automatic excommunication for procuring a completed abortion, pointing out that canon 1324 states that automatic censures, such as that which applies for such abortions, do not affect those who act out of grave fear.