The Object Protected by the Criminalization of Insult to a Human Corpse in Polish Law

Abstract

The insult of a human corpse is one of the oldest crimes. The guarantee of the inviolability of a human body after death, as well as the cult of the deceased are considered a precursors of religious faith. In the early periods of social development, the protection of corpses and burial sites stemmed from the prevailing religious beliefs among community members. Hence, in legal orders, it was religion, religious feelings, worship of the deceased, and others that were the main objects protected by the criminalization of insulting a corpse. To date, such a position remains popular and widely accepted. However, with the progress of civilization, more attention is beginning to be paid to the fact that the legal protection of human corpses is independent of religion. The purpose of the article is to point out the multiplicity of definitions of the object protected by the criminalization of insulting a corpse and thereby make the reader aware that both the law and the values cultivated in society are dynamic institutions. This will make lawyers aware that their activity should not only focus on passive acceptance and repetition of the established truths and values, but also prompt them to figure out new ones or to search for new justifications that are more suitable in the current reality.