THE RESPECT DUE TO THE DECEASED PERSON. JUDICIAL PRACTICE CONTROVERSIES REGARDING THE OFFENSE OF DESECRATION OF CORPSES OR GRAVES, PROVIDED FOR BY ART. 383 PARA. (1) OF THE CRIMINAL CODE
THE RESPECT DUE TO THE DECEASED PERSON. JUDICIAL PRACTICE CONTROVERSIES REGARDING THE OFFENSE OF DESECRATION OF CORPSES OR GRAVES, PROVIDED FOR BY ART. 383 PARA. (1) OF THE CRIMINAL CODE

Summary/Abstract: The respect owed to deceased persons is a deeply human feeling, of high moral standing, which society promotes and protects, including through criminal law. It is part of the special legal object of the crime of desecration of corpses or graves. Although the provisions of art. 383 para. (1) of the Criminal Code do not seem to raise problems of interpretation, the multitude and diversity of the solutions adopted in judicial practice reveal the need to know in depth both the purpose of the regulation and the constitutive elements of the crime in order to achieve a correct legal framework.

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