Cemeteries vandalized: the risks facing them … – Le Figaro

Cemeteries vandalized: the risks facing them … – Le Figaro

VIDEO – The penalty is increased when the desecrations were committed on racial, religious or ethnic

. the space of three days, five cemeteries, one in the Lower Rhine, one in Calvados, a Haute-Garonne, a Vendee and another in Indre, were vandalized. Since then, five miners were heard in the case of the Jewish cemetery in Sarre-Union, where 250 graves were desecrated. A Tracy-sur-Mer, the police are seeking to identify the perpetrators of Tuesday discoveries damage in this small Norman village and an investigation was opened Beatus. That may profaners if returned to the criminal court? Elements answers.

What does the law

In France, the desecration of graves and violation of burials are offenses provided for and punishable under the Penal Code. In detail, any attack “to respect the dead” is punishable by one year imprisonment and a fine of 15,000 euros, according to Article 225-17 of the Penal Code. Ditto when it comes to “violation” or “desecration (…) of tombs, graves, of urns or monuments to the memory of the dead”, “by any means whatsoever” . And if both are cumulative, the penalty is increased to two years in prison and 30,000 euros fine.

The offenses likely to be convicted, can be listed hitting tombs in Using a stick, pronouncing insulting words for death. We may also mention the fact to unseal slabs, extract a coffin of a vault or the fact destroy fresh flowers placed on the grave, or damage to objects that are stored there.

Religion and ethnicity, aggravating circumstances

But that’s not all. The Criminal Code is more severe with those who have committed these offenses because of religious, ethnic or racial. In other words, if a cemetery desecrated because he was Jewish, the penalty is heavier and will increase to 3 years in prison and 45,000 euros fine. If in addition to this, the integrity of a corpse was violated, the prison sentence increases to five years and a fine of 75,000 euros. However, all is not wrong. For example, the act of throwing bones inadvertently during the renovation of a family vault is not a crime because there is not a deliberate act of violence. This was affirmed the Court of Cassation in its judgment April 3, 1997.

The profile convicts

In general, most of the acts are degradation, flights objects or acts of mere vandalism, whose motives rarely appear based on a specific ideology. In 2012, the whole country was involved in these acts, which resulted in the arrest of 67 people, including 50 minors, according to the latest data released by the Ministry of the Interior, who explained that the desecrations were increasing since 2008.

Would the penal response inadequate? “The increased penalties, including imprisonment, is not an adequate response due to the young age of the perpetrators, and often, their integration problems,” noted in 2011 a parliamentary report presented by former MP UMP Claude Bodin. “The most important thing that they understand the scope of their actions and eventually divest vague ideas or beliefs that have led it.”