Published: 2022-10-19

‘Non omnis moriar’. Exhibitions of human plastinates: art and aesthetics clinched by anatomy and education in the light of Art. 262 § 1 of the Polish Criminal Code

Arkadiusz Paweł Szajna
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.3.07

Abstract

Plastination is a process of several stages for the preservation ofa human corpse, consisting of the replacement of water and fat fromthe tissues with polymers to inhibit post-mortem decomposition. Thispaper is yet another contribution to the scientific debate on the issue,which continues to be relevant because whenever public events such asBody Worlds are held, we still hear opinions that activities of this typeare offensive and disrespectful to the human body after death.This paper describes the plastination process and the specifics ofexhibitions this type, and gives a detailed analysis of the offence definedin Art. 262 § 1 of Kodeks karny (the Polish Criminal Code). It ends withthe following conclusions:

  • the plastination of a human body cannot be considered offensive in the sense of Art. 262 § 1 unless it is proved that the plastination was intended to express contempt for the post-mortem human body,
  • public exhibitions of human plastinates cannot be regarded offensive a priori unless they are accompanied by a show of contempt. Therefore the production and presentation of human plastinates for scientifc and educational purposes does not fulfill the conditions required for the offence defined under Art. 262 § 1 of the Polish Criminal Code, provided that these activities did not involve contempt for the post-mortem human body.

Keywords:

offensive conduct; corpse; plastination; criminal liability.

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Citation rules

Szajna, A. P. (2022). ‘Non omnis moriar’. Exhibitions of human plastinates: art and aesthetics clinched by anatomy and education in the light of Art. 262 § 1 of the Polish Criminal Code. Zeszyty Prawnicze, 22(3), 173–202. https://doi.org/10.21697/zp.2022.22.3.07

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