Kernrechtsfrage
Whether the alleged omission could fall under corpse desecration under Art. 262 CP.
Extrahierter Entscheid
Yes. Leaving a severely damaged corpse in that condition for about two days can amount to profanation, even if the reproached conduct is an omission.
Extrahierte Begründung
Art. 262 CP protects the sentiment of reverence toward the deceased and relatives. The offense can be committed by omission under Art. 11 CP where there is a legal duty to act; the appellate authority erred by excluding liability solely because the conduct was passive.