Can. 1343 If the law or precept gives the judge the faculty to apply or not apply a penalty, the judge, without prejudice to the prescript of can. 1326 Β§3, is to define the matter according to the judge's own conscience and prudence, in keeping with what is required for the restoration of justice, the reform of the offender, and the repair of scandal. Even in these cases, however, as the case warrants, the judge can temper the penalty or impose a penance in its place.