Definition and Concept of Desecration of Corpses
Desecration of corpses refers to a criminal act in which the body of a deceased person or their immediate surroundings is treated in a manner that violates the peace of the dead. In German law, the term ‘desecration of corpses’ is characterized by the notion of protecting human dignity, even beyond death. The essential concern here is to preserve the reputation of the deceased and the society’s sense of piety.
Legal Provisions and Statutory Foundations
Germany
Desecration of corpses is regulated in Germany under the Criminal Code (StGB). § 168 StGB states:
(1) Anyone who, without authorization, removes, destroys, damages, or otherwise disturbs the peace of the dead with respect to the body or parts of the body of a deceased person, shall be punished with imprisonment for up to three years or with a fine.
This encompasses all actions that are suitable for significantly impairing the peace of the dead. Under German law, protection extends to the entire corpse as well as to body parts and the burial place of the deceased (e.g., gravesites, urn, coffin).
Austria
In Austria, relevant provisions can be found particularly in § 190 of the Criminal Code (StGB):
“Whoever desecrates a corpse or parts thereof, or disfigures a dead body …, shall be punished with imprisonment of up to one year.”
This also refers to desecration as a legal offense and pursues similar protective interests as under German law.
Switzerland
Swiss law, in its Criminal Code (Art. 262 StGB), contains specific provisions regarding the offense of desecration of a corpse.
Elements of the Offense
Objective Elements
To constitute desecration of a corpse, the following objective requirements must be met:
- Object of the Offense: The body of a deceased person or parts thereof
- Criminal Act: Removal, destruction, damage, disfigurement, or another form of desecration (e.g., desecration of a burial site)
- Wrongfulness: The act must be unauthorized, i.e., without the consent of those entitled or without legal permission
Possible acts include, for example, opening a grave, removing parts of a corpse, defiling, mutilating or destroying a body, as well as degrading it in another manner.
Subjective Elements
As a rule, intent is required for punishability. This means that the perpetrator must act with the knowledge and will to disturb the peace of the dead or to desecrate the corpse. Negligence is generally not punishable, unless the law expressly provides for punishment (which is typically not the case for desecration of corpses).
Protected Legal Interest
The primary legal interest protected in cases of desecration of corpses is the post-mortem right to dignity of the individual. The dignity of every person continues after death (“dignity of the dead”), according to which dealings with the deceased must be characterized by respect and consideration for the feelings of the bereaved and the general public. Furthermore, the penal provision protects piety and public order.
Sentencing and Legal Consequences
According to § 168 StGB, desecration of corpses in Germany is punishable by imprisonment of up to three years or a fine. Attempt is not punishable, as this is not specifically regulated by law. Particular gravity may be found if the act is committed publicly or is especially reprehensible (e.g., mutilation for ritual purposes or for the amusement of others).
Additionally, civil claims for injunctions, retraction, or damages may arise, particularly from the relatives of the deceased.
Distinctions and Special Cases
Disturbance of the Peace of the Dead
The facts of disturbing the peace of the dead overlap with those of desecration, but are often construed more broadly. While desecration always requires concrete impact on the corpse, disturbance of the peace of the dead can also include violations of the grave site or identity theft.
Permissible Handling of Corpses
Certain actions involving corpses are permitted under special laws or official authorizations, for example in the context of medical research, autopsies, or measures of hazard prevention. However, they always require appropriate and dignified treatment.
Handling of Body Parts and Memorabilia
Keeping, collecting, or displaying parts of deceased individuals (e.g., as medical specimens or in private possession) can also constitute desecration of corpses if it takes place without justifiable reason.
International Regulations and Comparison
Desecration of corpses is punishable in almost all legal systems, sometimes under different names such as ‘disturbance of the peace of the dead,’ ‘desecration of a grave,’ or ‘abuse of corpses.’ The protective intent is internationally comparable and is often derived from the principle of respect for human dignity. Differences exist in the details and severity of penalties as well as in the specific acts covered.
Criminological and Societal Aspects
Desecration of corpses is regarded as particularly reprehensible within society, as it violates not only the memory of a person but also the feelings of the bereaved and the sense of piety of an entire community. The investigation of such acts regularly presents law enforcement agencies with practical and ethical challenges.
Conclusion
Desecration of corpses is a criminal action that crosses the boundaries of society’s piety and is assessed with the utmost sensitivity. Corresponding criminal provisions serve to protect the dignity of the dead and societal respect for individuals, even after their death. The legal regulations are complex and sometimes differ in detail between countries, but worldwide, they pursue comparable protective goals.
Frequently Asked Questions
Which criminal offenses are relevant in connection with desecration of corpses?
Desecration of corpses is primarily governed by § 168 of the German Criminal Code (StGB). This paragraph protects the peace of the dead as a legal interest by penalizing the unauthorized opening of graves or urns, the removal of corpses or body parts, as well as any form of desecration or violation of the corpse. Additionally, depending on the case, other offenses may also apply, such as disturbance of the peace of the dead, trespassing (§ 123 StGB), damage to property (§ 303 StGB), theft (§ 242 StGB), for example if grave goods are stolen, or offenses against physical integrity if actions are taken involving corpses that are not medically justified. A more severe penalty can apply in particularly serious cases, for example, in cases of commercial exploitation or when racist or incitement-related motives are present.
What legal consequences can occur if convicted of desecration of corpses?
Upon conviction under § 168 StGB, the perpetrator generally faces imprisonment of up to three years or a fine. The assessment of the penalty in each individual case depends on the seriousness of the act, the extent of the desecration, the motives, and any previous convictions of the perpetrator. In especially serious cases or in conjunction with other offenses, the penalty may be correspondingly higher. Outside of criminal law, there can also be civil law consequences, such as claims for pain and suffering by relatives due to violation of the post-mortem personal rights of the deceased.
Who is entitled to file a complaint to protect the peace of the dead?
In principle, anyone may file a complaint with the police or public prosecutor as soon as they become aware of a possible desecration of corpses, as this is an official offense prosecuted ex officio. Persons entitled and often affected in practice are especially close relatives, such as spouses, children, parents, or siblings of the deceased. Cemetery administrations, churches, or the relevant public order office are also frequently authorized or obligated to file complaints, as they are responsible for the protection and supervision of burial sites.
How does desecration of corpses differ from other offenses involving corpses?
Desecration of corpses under § 168 StGB targets violations of the peace of the dead through specific acts of disrespect toward the corpse, its parts, or its grave. Other offenses, which more generally pertain to the handling of human remains or grave sites, include, for example, disturbance of funeral peace, grave robbery (e.g., theft of grave goods), bodily harm to the dying, or non-compliance with burial regulations pursuant to state burial laws. While desecration of corpses focuses on offending the honor of the deceased, other offenses often also protect property interests or public order.
What role does intent play in the criminal liability for desecration of corpses?
For criminal liability under § 168 StGB, intent is generally required—meaning the perpetrator must have consciously and intentionally wished to violate the peace of the dead. Negligent actions, such as unintentional disturbance of a grave or accidental violations, are generally not punishable in terms of desecration of corpses. However, negligent violations may be punishable under other provisions, such as administrative regulations. Proof of intent is provided within the scope of the public prosecutor’s investigation based on the individual circumstances of the case.
Are there exceptions in which an action involving a corpse is not punishable?
Yes, the criminal law provides for exclusions from liability. Thus, actions carried out as part of a lawful autopsy, scientific research, medical transplants, or officially ordered exhumations are expressly permitted, provided they are legally valid and conducted with the required respect. The prerequisite is usually the consent of the legitimate relatives or a court order in cases of official interest. Overstepping the legal framework, for example unauthorized or improperly conducted actions, can nonetheless lead to criminal liability.
Can legal entities (e.g., companies or associations) also be held responsible for desecration of corpses?
Under German criminal law, legal entities such as companies or associations are generally not directly criminally liable. However, responsible decision-makers—such as managing directors or senior employees—can be held personally criminally liable if they order, tolerate, or directly commit desecration of corpses in the course of their duties. Additionally, administrative offense law (§ 30, § 130 OWiG) provides for the possibility of imposing fines on companies or associations if criminal acts arising from their business operations are committed.
