Unele considerații asupra începuturilor moderne ale protecției penale a respectului datorat persoanelor decedate prin reglementarea infracțiunii de profanare de morminte
Some considerations on the modern beginnings of the criminal protection of the respect due to deceased persons by the regulation of the crime of desecration of graves

Summary/Abstract: The respect due to deceased persons has enjoyed the protection of Romanian criminal law since the adoption of the 1865 Criminal Code, continuing till the current one. The present study aims to highlight the modern beginnings of criminalizing the desecration of graves, the analysis carried out contributing to a better understanding of the current regulation and implicitly to its correct application. From the main jurisprudential benchmarks of the Court of Cassation and other French courts that marked the interpretation and application of the regulation during the 19th century and at the beginning of the last century, as well as the few examples from national jurisprudence identified, it results that initially the earthly remains enjoyed protection only indirectly, through the grave, funerary monument, coffin or catafalque. Graves impose a certain conduct on everyone and the fact that deviating from it can fall within the scope of a criminal law highlights the value given by the legislator to the respect due to deceased persons.

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