Funeral Law; Government Oversight

Every body must be buried, either by interment in a grave (burial) or by cremation in a crematorium and the interment of the ashes, sealed in a permanent urn, in a grave (cremation) or by cremation in a crematorium and the burial of the urn from a ship on the high seas (burial at sea). Corpses and the ashes of the deceased must, as a general rule, be interred in cemeteries.

The provisions of burial law essentially ensure the maintenance of public safety and order. Key considerations include the protection of public health, the administration of criminal justice, the dignity of the deceased, and the general public’s sense of reverence. Municipalities and district offices, as state administrative authorities, are responsible for ensuring compliance with funeral regulations. They may issue the necessary orders in individual cases.

To the extent that such orders are not possible, not permissible, or unlikely to be successful, the municipality—or, in cases that cannot be delayed, the police—must ensure the postmortem examination, the burial, and the necessary preparatory procedures, as well as the intermentof miscarried fetuses or fetuses and embryos resulting from abortions, for the disposal of body parts and remains, and for reburials—either directly or through contracted agents. The municipality and the police authority may demand reimbursement of the necessary costs from the person responsible for the burial. 

The competent authorities and their representatives may enter properties, premises, and the movable property located therein for the purpose of enforcing the provisions of burial law. The person in actual possession of the property must grant them access. Anyone aware of facts necessary for enforcement is obligated to provide information regarding such facts immediately upon request by the competent authority; the same applies to the submission of documents. 

Public health departments shall assist with enforcement tasks to the extent that health matters are involved; they shall be involved by the competent authorities to that extent.