El nuevo delito de ocultación del paradero del cadáver de una persona en el Código Penal español

Abstract

The Organic Law 14/2022, of December 22, has introduced a new paragraph 2 in art. 173.1 PC, in which it elevates the concealment of information about the whereabouts of a person's corpse to the category of autonomous crime, appealing to the suffering that this conduct can cause to their family and friends. The purpose of this work is to analyse from a dogmatic and jurisprudential point of view the most controversial types of issues, with special attention to the protected legal good, the interpretative problems raised by the nuclear assumptions that make up typical behaviour, and the subjective type. Likewise, the possible incompatibility of the validity of this criminal figure with the principle of self-concealment with impunity and the right to remain silent is studied, as manifestations of the constitutionally recognized right of defence