Necesidad de tipificar la profanación de tumbas: análisis comparado entre Ecuador y España

Abstract

This research analyzes the need to criminalize the desecration of graves in the Ecuadorian legal system through a comparative study with Spanish criminal legislation. It is based on the premise that death does not completely extinguish the legal relevance of the human being, since the corpse, human remains, and burial spaces remain linked to values such as post-mortem human dignity, the memory of the deceased, and the right of their relatives to mourn. In this context, the objective is to determine how the absence of an express criminal classification in Ecuador affects the protection of these legal interests. Based on the analysis carried out, it is evident that the Comprehensive Organic Criminal Code does not provide for an autonomous criminal offense for the desecration of graves, unlike the Spanish legal system, which does establish a specific regulation for such conduct. This omission generates a regulatory gap that limits the criminal response to acts that violate the respect owed to the dead and to funerary spaces, forcing reliance on indirect legal mechanisms that prove insufficient. In conclusion, the lack of express criminal classification in Ecuador results in deficient protection of post-mortem human dignity and the rights of relatives, which justifies the need to incorporate a specific criminal regulation that guarantees comprehensive protection.