Published: 2021-06-24

Legal Liability for Unlawful Conduct at a Cemetery

Krzysztof Wala
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.2.09

Abstract

This article is an analysis of the potential grounds for liability under Polish law for unlawful conduct at a cemetery. I start by presenting arguments to support the claim that cemeteries are places which deserve special protection. I then proceed to a short discussion of Articles 51 and 140 of Kodeks Wykroczeń (the Polish Code of Offences), which leads to a conclusion that these provisions on offences may provide grounds for the prosecution of persons whose behaviour is in contempt of the social standards of conduct at cemeteries, graveyards, or other burial places. I also examine Article 9 of Ustawa o grobach i cmentarzach wojennych z 28 marca 1933 (the War Graves and Cemeteries Act of 28 March 1933) and conclude that this provision is now redundant and should be repealed. My article also looks at the standards of conduct at animal cemeteries.

Keywords:

cemetery; graves, public decency; improper behaviour; unlawful conduct.

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Citation rules

Wala, K. (2021). Legal Liability for Unlawful Conduct at a Cemetery. Zeszyty Prawnicze, 21(2), 187–212. https://doi.org/10.21697/zp.2021.21.2.09

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