Croatian government led by conservative Croatian Democratic Party, which is known as major catholic party in the state, established a law expert commission which is suppose to prepare updates of Criminal Code of Croatia. One of the reasons why Croatia will go to process of updates are upcoming negotiations with EU in process of Croatia evaluation on the road to membership in European Union. But only one issue rose up above all other important items in Criminal Code. According to several media reports this commission will take in consideration legalization of incest.
Commission president law professor Dr. Ksenia Turkovic said to reports in Zagreb that her colleagues will held talks to see if is possible to exclude incest from Criminal Code. Dr. Turkovic said that sex intercourse between adults over 18 years of age and under consent from both sides should be exempt from Code. “If brother and sister are engaged in intercourse with consent they should not be criminally charged, where is there a victim? There is no victim. Public moral is only damaged, and that’s not reason to send people in the jail”, said Dr. Turkovic. She also added that many European countries are considering doing same thing under their Criminal Codes. For Dr. Turkovic good example is France where this sort of incest is legalized since late 1800’s or in particular since regime of Napoleon Bonaparte.
In Germany incest is illegal since 1973, but in several occasions Supreme Court overruled motions to be legalized. Similar situation is in Australia where public was amazed with story of John Deaves and his daughter Jenny. John leaves Jenny and her mother when she was only one year old, and they didn’t have a contact for next 30 years. Soon after reunion they started relationship and Jenny get pregnant with her own father, Australian Court decide that their relationship is illegal and any further contact in this way is forbidden.
Priest and columnist Don Zivko Kustic says if state doesn’t want to punish thing like this it doesn’t mean that this is wrong but he add also that even consensual incest is inappropriate. “There are evil which our state doesn’t punish because they didn’t consider them as wrong doings, for example as cheating and swearing. But either of those are not proclaimed as good and favourable thing”, says Mr. Kustic.
After all only pending question is: “Is this really good thing to be proclaimed as something favourable and appropriate?”