Home / Rights
Back
Published: 04/14/2020
Reading time: 3 min
0
591
In the Church of England, there is an instruction according to which priests must warn penitents that information transmitted to them about crimes committed and violations of security standards will be transferred to government authorities. What should Orthodox priests do in such a situation, and should they transfer the information about the crime available from confession to law enforcement agencies?
- What is the secret of confession
- Violation of the secrecy of confession from the point of view of legislation
- Violation of the secrecy of confession from the point of view of the Russian Orthodox Church
What does the Church say?
“Even for the purpose of assisting law enforcement agencies, a clergyman cannot violate the secret of confession or other secret protected by law (for example, the secret of adoption). In their spiritual care for the lost and condemned, pastors, through repentance, having learned what is hidden from investigation and justice, are guided by the secret of confession.”
— “Fundamentals of the social concept of the Russian Orthodox Church” (an official document of the Church that regulates its relations with the state and society).
06
Violation of the secrecy of confession from the point of view of legislation
The legislation does not contain an official definition of the concepts of “confession” and “clergyman”. These concepts can be interpreted differently in different faiths. In order to determine whether the action was a confession, and the person conducting it was a priest, the norms of the Order of the Ministry of Justice of the Russian Federation of 2009 No. 53 “On State Religious Expertise” can be used.
The law does not divide clergy into those who can perform the ritual and those who do not have the right to do so according to religious canons. The rules on witness immunity apply to all clergy without any restrictions.
Based on clause 7 of Art. 3 Federal Law-125 of 1997 “On freedom of conscience and religious associations”, the secret of confession is protected by law. It is emphasized here that the clergyman is not held accountable for refusing to testify regarding the circumstances that became known from confession . Russia is one of the rare countries where the secret of confession is regulated by law and is protected by it.
The witness immunity of a clergyman is guaranteed to him by Art. 51 of the Constitution, which states that a person has the right not to testify against himself, his spouse and close relatives. But there is also a caveat that the circle of other persons who may not testify is determined by federal laws.
Several legal norms indicate the impossibility of holding a clergyman accountable for refusing to testify regarding information that became known to him according to the norms of confession. Clergymen are not subject to questioning as witnesses. In particular, this is stated in Art. 56 Criminal Procedure Code, Art. 69 Civil Procedure Code, Art. 51 of the Code of Administrative Procedure and Art. 90 Tax Code.
The norms apply not only to Orthodox priests, but also to clergy from religious organizations that have passed state registration on the territory of the Russian Federation.
There are many decisions of the Constitutional Court and other court decisions on the fact that clergy are not obliged to give testimony.
But in the Resolution of the Constitutional Court of the Russian Federation of 2004 No. 13-P there is a clause that a clergyman has the right to resort to disclosing the secret of confession within the framework of criminal proceedings to protect the interests of individuals if their rights are directly affected in the process.
But in relation to civil proceedings, witness immunity is absolute. This means that the clergyman not only has the right to refuse to testify in the case, but is also obliged to do so, and the court itself does not have the right to interrogate him.
Preparing for Confession
How to prepare for confession. First of all, it is important to start by reflecting on your sins. What is sin and which of them are considered mortal we discussed here. But you shouldn’t read the list and think how hopeless everything is. We must strive for excellence. It’s worth looking at these things a little more carefully. What was classically considered a sin has already somehow transformed over time, and I think everyone will see these changes. We just shouldn’t show everything in our life too brightly: be it anger, hatred, laziness or love for material things. Pride is good, for your homeland, for your country, for your family, but everything in moderation. You can rejoice at your successes, but without fanaticism. You should listen more to your conscience.
On the day of confession, it is worth devoting more time to prayers, it is better to take part in the service in the temple. Most often, confession and communion are held after it.
What prayers to read before confession
There are no special prayers for this; these are most often the main prayers of an Orthodox Christian and the usual initial texts.
Prayer before confession
God and Lord of all! You who have the power of every breath and soul, who alone is able to heal me, hear the prayer of me, the accursed one, and the serpent nesting in me by the influx of the All-Holy and Life-Giving Spirit, slaying: and for me, poverty and nakedness, all the virtues that exist, at the feet of my holy (spiritual) father with tears grant him the honor, and his holy soul, to be merciful, so that you may be merciful to me. And grant, Lord, in my heart humility and good thoughts, befitting a sinner who has agreed to repent to You, and may you not completely abandon the one soul that united with You and confessed You, and instead of the whole world chose and preferred You: weigh for, Lord, as I want to be saved, even if my evil custom is an obstacle: but it is possible for You, Master, the essence of everything, what is impossible is of man. Amen.
Lord, help me to sincerely repent.
Come, Holy Spirit, enlighten my mind so that I may become more aware of my sins; motivate my will to genuine repentance for them, to sincere confession and decisive correction of my life.
O Mary, Mother of God, Refuge of Sinners, intercede for me.
Holy Guardian Angel, my patron saints, ask God for me the grace of genuine confession of sins.
Recommended for confession and often used:
- Psalm 50 is considered repentant and is included in the daily rule. It is advisable to know it by heart.
- Troparions are short poems.
- Three prayers to the Lord, text below:
Prayer I
God, our Savior, who was granted forgiveness by Your prophet Nathan to David who repented of his sins, and who received Monassin’s prayer in repentance, accept Yourself and Your servant (name) who repents of what he has done about them with Your usual love for mankind, despise all that he has done, forsake untruths , and transcend iniquity. You have declared, Lord: I do not want the death of a sinner by will, but as if he were to be converted and live, and as to forgive sins seventy times seven times. For Thy majesty is unapproachable, and Thy mercy is immeasurable.
If you see lawlessness, who will stand? For Thou art the God of the repentant, and to Thee we send glory, to the Father and the Son and the Holy Spirit, now and ever and unto ages of ages. Amen.
Prayer II
Let's pray to the Lord! Lord Jesus Christ, Son of the Living God, Shepherd and Lamb, take away the sins of the world, who granted the borrowing of two debtors, and granted forgiveness of her sins to a sinner; Yourself, Master, weaken, forsake, forgive sins, iniquities, sins, voluntary and involuntary, even in knowledge and in ignorance, even in crime and disobedience, which was from these servants of Yours, and even if, like men, bearing flesh and living in the world, from the devil deceived. If in word, or in deed, or in knowledge, or not in knowledge, or trampled on a priestly word, or under a priestly oath, or fell under one’s own anathema, or was sworn under an oath: He Himself, as He is good, and the gentle Master, these are the servants Your word resolves favorably, forgiving them your anathema and oath, according to your great mercy. Hey, Master of Humanity, Lord, hear us, praying to Your goodness for these servants of Yours, and despise, as you are abundantly merciful of all their sins and deliver them from eternal torment. You have declared, Master: “Whatever you bind on earth will be bound in heaven, and whatever you loose on earth will be loosed in heaven.” For You are the only sinless one, and to You we send glory to the Father and the Son and the Holy Spirit, now and ever, and unto ages of ages. Amen.
Prayer III
Let's pray to the Lord!
Lord God, the salvation of Your servants, Merciful and Generous and Long-suffering, repent of our evils, not wanting the death of the sinner, but turning and living to be him, You yourself have now been merciful for Your servants (names) and give them an image of repentance, forgiveness of sins and remission, forgiving them every sin, voluntary and involuntary: reconcile and unite them to the Holy Church of Yours, O Christ Jesus our Lord, with whom befits You power and splendor, now and ever and unto ages of ages. Amen.
Closing Prayer
I know and feel, Lord, that I am unworthy of forgiveness, I am irresponsible before You and Your holy Truth, but I appeal to Your boundless mercy: accept my wretched repentance, forgive my countless sins, cleanse, renew and strengthen my soul and body, so that I can steadily walk I'm on the path to salvation.
How to behave in confession
- When talking about your sins, you don’t need to justify them or compare them with the misdeeds of other people who are even more sinful. Everyone will answer for themselves!
- You should start with the main sins. Passion for food, working on weekends, rare visits to the temple are sins, but they have nothing to do with desecration, foul language, slander, cheating on one’s husband/wife, self-aggrandizement, and lies.
- Talk about the main thing right away. Remember that there are other people behind you waiting their turn. There is no need to look for the right words, speak as you think. The priest, and even more so God, will understand everything and will not judge you for your style.
- Do not wait for a special day for confession, listen to yourself, if there is a need, do it as soon as necessary. To deserve God's forgiveness, you yourself must be ready to forgive your offenders.
- If during confession the priest assigns you penance, do not confuse this with punishment, it is just for additional practice of spiritual exercises. This could be reading prayers, bowing to the ground, abstaining from communion, or doing merciful acts. The period of penance is a certain time.
- As a rule, confession ends with a prayer from the clergyman. After the Sacrament of Repentance, a burden falls from the soul, it is freed from impurities. You can ask the priest for a blessing for communion.
You can read about communion here.
Content
- 1 History of the formation of the secret of confession
- 2 External regulations: the secret of confession and Russian legislation
- 3 Internal regulations: Canonical regulations of the Christian Church 3.1 Orthodox Church
- 3.2 Catholic Church
- 5.1 Orthodox Church
Why confess?
The purpose of confession: forgiveness of sins, so that the penitent realizes the sinfulness of his actions and, having repented, draws conclusions for the future.
Christ said about the condition for God to forgive our sins:
“If you forgive people their sins, your heavenly Father will also forgive you; and if you do not forgive people their trespasses, then your Father will not forgive you your trespasses” (Matthew 6:14-15).
At confession, we tell the priest about our doubts and sins of spiritual heaviness. Of course, it is not the priest who absolves us of our sins, all this is in the knowledge of God’s will, through him the judgment is carried out: to forgive or not to receive such an honor. They say God forgives everyone, his love for us is so strong. Maybe a little like a mother’s, no matter how strong we are, we always forgive our children, because they are part of us. And we have a part of his God. The priest is only the conductor of this communication. He prays for us, blesses us for confession, showing us the right path.
On the other hand, if God sees everything and knows everything, why should he once again tell us about the actions we have committed, since they are known to him? And remember yourself and your children, you know the insults inflicted on you, but how good it is if a child comes with repentance. We confess when we have realized what we have done, repented, and are ready for correction.
The question of making confession in the temple of God or one on one with God at home does not arise here, only the first, as the Holy Fathers say, as the Bible teaches. But think about it for yourself, if there is no such opportunity, it is better to confess, even if incorrectly, at home alone with God, than not to confess at all. So, without calling for ignoring confession in church, I still think that express your painful concerns in front of the icons during prayer, repent and forgive, this is also a small step towards comprehending faith and increasing our spirituality.
Can they refuse confession? NO. The only requirement for a person is that he must be baptized.
