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Why is Bergoglio excommunicated immediately in virtue of canon 1364 for the Apostasy in the Vatican Garden, but for his heresies would have to be tried in court? 
But does not canon 1364 apply to both heresy and apostasy?
Yes it does, but the discernment of each sin as a canonical crime differs, because 1 is principally in exterior acts, the other is in the intellect. Neither require a sentence, but heresy requires investigation.
Yes it does, but the discernment of each sin as a canonical crime differs, because 1 is principally in exterior acts, the other is in the intellect. Neither require a sentence, but heresy requires investigation.
Thus in ancient Councils after heretics were reproved 3 times and refused to recant, they were pronounced to be separated from the Church in virtue of their heresy. Though sometimes a decree so excommunicating them was leveled against them.
But the Apostates in the Decian persecution, wherein Bishops were required to burn incense to the god Mars, no decree was necessary, though Councils did declare that all who did such then or in the future were outside of the Church.
