SACRED GROUNDS: THE LEGAL STATUS OF CEMETERIES FROM ANCIENT ROME TO MODERN CROATIA
SACRED GROUNDS: THE LEGAL STATUS OF CEMETERIES FROM ANCIENT ROME TO MODERN CROATIA

Summary/Abstract: This article explores the status of cemeteries as areas of special reverence under Roman law. In the first part, as a premise for the protection of cemeteries, the issue of sacrilege is considered as delict consisting of the desecration of sacred spaces such as tombs or temples. In addition to sacrilege is also considered, and the religious and secular elements of these delicts are differentiated. The subject matter is addressed by tracking the development of regulations through the definitions of Roman jurists and theorists. Practical cases are also specifically considered, highlighting the distinction in regulations between the theft of private items from a temple and the theft of sacred items. The article also examines the Romans' specific attitude towards sacred spaces and cemeteries, which were treated with special caution due to their symbolic reverence, contrasting sharply with the era's brutal punishments, such as gladiatorial combat and execution by animals. The status of cemeteries in legal circulation and the status rules related to burials are particularly analyzed. The sources dealing with this topic are predominantly contained in the writings of Roman jurists. In the final part of the article, the Roman regulations are compared with the current legal regulations in the Republic of Croatia, with special emphasis on the status of cemeteries areas of special state concern. The article is written using the method of comparing data from available literature, hermeneutic method and comparing the current Republic of Croatia Cemetery Act ("NN" no. 19/98, 50/12, 89/17) with the regulation in Roman law.

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