The interpretation of the seal of confession or ‘loco confessionis’ in Article 588(1) COCP

Abstract

This dissertation focuses upon the meaning of ‘seal of confession’ and ‘loco confessionis’ in Article 588(1) of the Code of Organisation and Civil Procedure (COCP), Chapter 12 of the Laws of Malta. The distinction between sacramental and non-sacramental confessions is made clear and an amendment to Article 588(1) COCP is proposed to reflect this distinction. The theme is also examined with reference to the provisions of Maltese law on professional secrecy, as well as to the relevant Maltese Court judgments. Reference is also made to the laws regulating sacramental and/or non-sacramental confessions in other legal systems, some of which do not regard the seal of confession as absolute. The amendments proposed are also inspired by the thoughts of seven religious ministers or leaders present in Malta, who were purposely interviewed to develop the author’s opinion on the subject. The conclusions reached should also serve to support the principle of equality as regards to gender and religion.