Whoever steals, insults or intentionally destroys a corpse, skeleton or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
According to the third paragraph of Article 37 of the Criminal Law Amendment (VIII):
Whoever, in violation of state regulations, picks up his corpse and organs against his will before his death, or picks up his corpse and organs against his will before his death without the consent of his close relatives, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.
Extended data:
The scope of civil compensation for the crime of insulting corpse;
1, personal injury compensation
(1) medical expenses: according to the actual expenses, it is limited to the medical treatment of physical injuries, excluding the expenses incurred by plastic surgery and rehabilitation treatment.
(2) Lost time: limited to the actual deduction of the victim's work unit, and not higher than three times the local average living standard.
(3) Nursing expenses: refers to the expenses actually paid by nursing staff according to medical needs. Not higher than the actual income of hospital nurses.
(4) Transportation expenses: limited to necessary and actual expenses.
(5) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of local state organs.
(6) Living expenses of dependents: calculated according to the degree of the victim's loss of working ability and the per capita consumption expenditure standard of urban residents in the last year where the court is located.
(7) Funeral expenses: based on the average monthly salary standard of employees in the last year where the court is located, the total amount is calculated for six months.
2. Compensation for property losses
(1) Property losses of natural persons, legal persons or other organizations that have suffered damage due to criminal acts.
(2) Economic losses caused by property damage caused by criminal acts, such as repair costs.
Related cases:
Accused of killing college students' lovers
On the evening of April 8, 2009, a couple from the School of Electrical and Electronic Engineering of North China Electric Power University both disappeared while dating outside the school. A few days later, their bodies were found in the Woods west of the school.
Nine hours after the alarm, the police arrested four suspects. The four suspects are 20-year-old Teng Xianhe, (pseudonym), 17, and Xiaofeng and Xiaohao (pseudonym) of 16.
Earlier, the media reported that Teng Xianhe and He Xiaofeng had worked as security guards in the building materials city and were dismissed by the security department at different times. The public prosecutor accused Teng Xianhe of conspiring with Yao Kai, Xiaofeng and Xiaohao for premeditated murder.
At 22 o'clock on April 8, 2009, in the Woods on the west side of the west campus of North China Electric Power University in Huilongguan Town, Changping District, a knife was used to rob the student couple Wang and Xin. At the instigation of Teng Xianhe, Xiaohao stabbed Xin with a knife, causing Xin to die of acute hemorrhagic shock.
Xiaofeng and Xiaohao stabbed Wang with knives respectively, causing Wang to die of acute hemorrhagic shock. Teng Xianhe and other four people robbed Xin and Wang of cash 100 yuan and two mobile phones. Subsequently, Xiaofeng and Teng Xianhe raped Xin's body.
In addition, before the incident, Teng Xianhe and others had committed two robberies in Changping, including assisting Teng Xianhe to rape the victim Yang. In these two cases, the value of the seized property exceeded 2,600 yuan.
The public prosecution agency prosecuted Teng Xianhe and Yao Kai on suspicion of robbery, rape, theft and insulting the corpse; Prosecute Xiaofeng on suspicion of robbery, theft and insulting the body; Prosecuted Xiaohao on suspicion of robbery and theft.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law
Baidu Encyclopedia-Crime of Insulting Bodies