Exhumation is an Act of Legal Violation

Grave Digging or Vandalizing Graves is the act of digging, destroying, or damaging graves - the burial place of the deceased, thus altering its original state. Such acts are carried out for various motives such as stealing valuable items buried with the deceased; personal revenge or hatred; or to conceal other criminal acts... However, if the digging or vandalizing of graves is simply for catching rats, snakes, or renovating the graves, it does not constitute a criminal act.

According to legal terminology, grave digging constitutes the crime of infringing upon corpses, graves, and remains, which is regulated under the Criminal Code 1999 as follows:

“ Article 246. Crime of infringing upon corpses, graves, and remains

1. Anyone who digs, vandalizes graves, seizes items placed in or on the grave or commits other acts that infringe upon corpses, graves, or remains, shall be subject to non-custodial reform for up to one year or imprisonment from three months to two years.

2. If the crime causes serious consequences, the offender shall be subject to imprisonment from one to five years.”

However, the Criminal Code 2015 introduces some changes as follows:

“ Article 319. Crime of infringing upon corpses, graves, and remains

1. Anyone who digs, vandalizes graves, seizes items placed in or on the grave, or commits other acts that infringe upon corpses, graves, or remains, shall be subject to non-custodial reform for up to 02 years or imprisonment from 03 months to 02 years.

2. If the crime falls under one of the following cases, the offender shall be subject to imprisonment from 02 years to 07 years:a) Adversely affecting security, order, or social safety;b) Seizing or destroying historically or culturally valuable items;c) Driven by a despicable motive;d) Seizing parts of the corpse or remains.”

Compared to the previous regulation, the Criminal Code 2015 increases the non-custodial reform penalty for such infringement acts from 1 year to 2 years; and clearly stipulates the imprisonment penalties for cases with aggravating circumstances.

Infringing upon graves is not only a legal violation but also an issue of spirituality and cultural values for Vietnamese people. Such immoral acts should be condemned and appropriately punished according to the law.

The Criminal Code 2015 took effect from July 1, 2016.

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