Thursday , December 14 2017

Violation of sanctity of the dead a punishable offence

One of the strange crimes committed against sanctity of the dead is digging their graves with the intention to steal whatever is kept with the body.

The act is penalized as per Kuwaiti Criminal Code 1960 law numbers 110 and 219. There is no inconsistency or conflict between both laws being applied for the same act, because stealing as a secondary crime is considered a probable crime and a result of the primary crime — digging the grave. Therefore, it is logical and legal to apply both laws to criminalize the act.

Nevertheless, when it comes to penalties, the judge chooses the longest sentence based on the most intensive law. Law No. 219 stipulates imprisonment of not more than two years for the act of stealing, while law number 110 penalizes violation of the sanctity of the dead with imprisonment of not more than one year; so the penalty stipulated in Law No. 219 will be applied in this case.

Email: lawyeratyabalshatti@gmail.com

By Atyab Alshatti, Esq.

 

 

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