PROTECTION OF DIGNITY, PIETY AND PROPERTY OF THE DECEASED PERSON AND HIS HEIRS

Abstract

In this paper, the author analyzes the matter of crime, which stands in connection with the legally protected goods on the territory of cemeteries. The first part includes theoretical analysis of characteristic criminal offenses, their subjective and objective characteristics, the perceived legal dilemmas, other uncertainties etc. Within the second chapter stands empirical analysis of registered cases from the judicial and criminal practices. The final part is dedicated to discussion and to the creation of general conclusions regarding the key features of those crimes, as well as of this negative social phenomena per se, together with suggestions and guidelines for overcoming of it. Among other things, it was concluded that, in the described context, property crimes are the most prevalent; that the devastation of burial space truly associated with national or religious intolerance occurs relatively rarely and mainly in multicultural environments with troubled interethnic relations; that the grave violation offense is most commonly executed due to personal animosity between the offender and the deceased or his family, or as an general vandalistic act of the adolescents which stands in close and prime relation with their general psychosocial perspective. Some of the recommended measures in order to improve preventive and repressive action in combating described crime categories are: the implementation of certain legislative reforms (particularly concerning violation of the grave, in terms of explicit protection of the remains of the deceased); establishing a clearer stance in the context of case law regarding the border between violation of the grave and the offense of destruction or damage of property belonging to another; improving security measures and regular monitoring of all cemeteries, especially over those that are wholly or partially declared monuments of culture; the education of Ministry of Interior and the persons responsible for protection of the cemeteries in terms of typical motives of the crime, typology of offenders, relationships between the method of execution and the type of offense and the like; improving cooperation between police and services which are in charge for maintenance of the cemeteries; introduction of active mutual informing and mutual exchange of data concerning the detection and prosecution of perpetrators; keeping updated and complete records of registered crimes, with adequate statistical and other processing, and expert analysis; preventive education of the population and the program for social reintegration of the perpetrators of described crimes.