KRIVIČNO-PRAVNA ZAŠTITA GROBA

Abstract

The criminal offense of damaging a grave is classified in the domestic criminal legislation as a group of criminal offenses against public order and peace, although it is clear that, in terms of respect for the anthropologically deeprooted respect for the dead and respect for the traditional values and religious views of citizens, this criminal offense has a lot more complex context and does not represent only an act of disrespect for public order and peace. Every violation of the grave entails a violation of religious, customary and moral norms, which is why (unlike the vast majority of other criminal acts) it also includes other very effective forms of informal behavior control. Considering the subsidiary character of criminal legal protection (ultima ratio), the question arises whether criminal-legal protection of the grave is also needed. The paper examines the justification of the criminal-legal protection of the grave and its positive-legal characteristics, analyzes the existing incrimination in terms of the de lege ferenda proposal, and in a separate part of the paper, the results of the judicial practice research regarding this criminal offense are presented, as well as a comparison with earlier research.