Burial

An earth burial (also: inhumation ) is the burial of the body in a grave in the earth. A religiously motivated burial is called a burial and is derived from the form of burial that has been required in Judaism, Christianity and Islam for thousands of years. In principle, urn burials are also burials, since the ashes are also buried in the earth here, but this term is usually not used.

Legal regulations

This article or paragraph presents the situation in Germany . Help us to describe the situation in other countries.

Burial is a ritual in which certain behaviors and processes are usually followed without the need for consultation. These differ considerably depending on the religion and country.

In Germany, burials must take place in a cemetery or on a fenced-in plot of land dedicated to a cemetery. The deadlines for the funeral are regulated by state law. Common to all federal states is the 48-hour deadline as the earliest possible burial date. The deadline in which the burial must take place differs considerably among the federal states. This is compatible z. B. not with the Islamic customs, according to which a deceased is always buried the next day. In some federal states, the burial period can be extended by submitting an application to the lower regulatory authority if there are no health concerns. A burial before the end of 48 hours is also possible on request if death through advanced decomposition or through injuries that are incompatible with life can be regarded as certain.

Burials in Germany are a matter for the federal states. There are individual burial laws that regulate burial times, among other things. Furthermore, there are legal regulations in the Criminal Code, the Civil Code and the Infection Protection Act.

Federal law

In the criminal code

Disturbance of a funeral service (§167a)

Anyone who deliberately or knowingly disturbs a funeral service is punished with a prison sentence of up to three years or a fine.

Disturbance of the dead rest (§168)

(1) Anyone who unauthorized removes the body or parts of the body of a deceased person, a dead womb, parts of such or the ashes of a deceased person from the custody of the person entitled, or who engages in insulting mischief, is subject to imprisonment of up to three years or with Punished fine.

(2) Anyone who destroys or damages a cemetery, burial site or public memorial for the dead or who engages in insulting mischief there is also punished.

(3) The attempt is punishable.

In the Infection Protection Act (§1)

A burial serves to avert danger to the population.

State law

The Funeral Act is applicable at the level of the federal states .

Local law

The respective cemetery law applies at the municipal level .