The crime of insulting a corpse and a grave in the polish criminal codes of 1932 and 1969 Cover Image

Przestępstwo znieważenia zwłok i grobu w polskich kodeksach karnych z 1932 i 1969 roku
The crime of insulting a corpse and a grave in the polish criminal codes of 1932 and 1969

Author(s): Michał Najman
Subject(s): History of Law, Criminal Law, Criminology
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: corpse; grave; insult;

Summary/Abstract: The article presents how behavior offending human corpses or their resting places was criminalized in Poland in the 20th century, before the introduction of the Criminal Code cur-rently in force. Criminal legal regulations in force on Poland until 1997, — the Criminal Codes of 1932and 1969, are analyzed. This is because the evolution of the statutory subject of protection, within the meaning, the location of the crimes in question in the criminal regulations, indicates the fact of ambiguity and undeveloped solutions as to the definition of the subject of protection of the crimes in question. The legislator is not able to determine what is protected by the criminalization of insulting acorpse or agrave as evidenced by the placement of the crime in question in the current Criminal Code in the group of crimes against public order which, according to W. Wolter, is the general subject of protection for all crimes. The article is of an overview nature, and its pur-pose is to summarize the state of knowledge on the subject. It is also intended to encourage dis-course on the subject, and to make the audience aware that the law is asocial institution and changeable in form and content with changes in socio-cultural conditions.

  • Issue Year: 48/2024
  • Issue No: 1
  • Page Range: 57-67
  • Page Count: 11
  • Language: Polish
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