Zpovědní tajemství v českém právu ve světle (nejen) sjednaného konkordátu se Svatým stolcem

Abstract

This paper deals with the relatively overlooked matter of the sacramental seal in the Czech law, which is becoming increasingly relevant especially as a result of the Concordat with the Holy See of October 2024. The article first briefly introduces the seal of confession in the canon law and emphasizes its absolute inviolability, which is not always consistently respected by the secular law. Subsequently, it analyses selected confessional law norms concerning the protection of the sacramental seal under the Czech law, especially § 7(1)(e) of the Churches Act and § 367 and 368 of the Criminal Code, among others in the light of the negotiated concordat. The author points out that if the State has recognised the the sacramental seal in the concordat without reservation and without exception, it has also recognised its inviolability under the national law.