The novelty

Femicide, from the Resinovich case to the Cerillo murder: the killer loses the right to the remains

With the entry into force of the law, the murderer loses all rights over the deceased from the date of entry in the register of suspects until the acquittal verdict

by Letizia Giostra

8 April 2026

Femminicidi, 25mila persone chiedono dati aperti, accessibili e dettagliati sulla violenza maschile

2' min read

Translated by AI

Versione italiana

Key points

The changes introduced by the law
When the perpetrator of feminicide decides on burial

2' min read

Translated by AI

Versione italiana

Who has the right to decide on the remains of the deceased? Until now, the decision fell directly on the spouse of the deceased person. If he/she was not married, it fell to the next of kin. But what happens if the person responsible for the remains is the one who is accused or convicted of that person's death?

This is the case of Liliana Resinovich, who disappeared from Trieste on 14 December 2021 and whose body was found three weeks later. The woman's death is currently being investigated by her husband Sebastiano Visintin who is also the only one who can decide on his wife's body.

From 8 April 2026, everything changes with the entry into force of Act No. 35/2026.

The changes introduced by the law

Approved unanimously by the Camera the text puts its hand to both the penal code and the mortuary police regulation. The provisions untie a bureaucratic knot: the spouse could claim the body even if the marriage was short-lived and the same applied if he or she was responsible for the death.

But with the new rules, from the date of entry in the register of suspects and until the acquittal verdict, the murderer loses all rights to the deceased. This is a victory for the victim's relatives, who will be able to take care of the burial without having to talk to the perpetrator.

When the perpetrator of feminicide decides on burial

A bill designed especially for feminicides, as explained by promoter and lawyer Giulia Bongiorno (League). There are many examples in the chronicle where the relatives of the missing person have had to talk to the murderer about the choices to be made on burial. As the senator recalled, the aim of the measure is to prevent the perpetrator of the feminicide - even if under investigation - from taking advantage of the old regulation in order to conceal the evidence of the crime.

The latest case dates back just a few days ago. The remains of Liliana Resinovich, now being investigated for murder by the Trieste public prosecutor's office, are still in the morgue. The rehumation had been requested in order to make further inquiries on the body after the thesis on the woman's suicide was dropped.

Under investigation for her death is her husband Sebastiano Visintin. It was he who chose everything about the burial, from the gravestone to the photograph. The victim's brother, Sergio Resinovich, had to wait until the law came into force to bury his sister.

Then there is the question of the burial niche of Elena Ceste, the 36-year-old housewife killed by Michele Buoninconti, husband and father of her four children. Her spouse's surname appears on the epigraph.

It was 25 April 2010 when Carmela Cerillo was strangled by her husband Salvatore Guadagno. A cruel fate, as the same fate had also befallen the woman's mother. The man finished serving his sentence and had recently applied to have his wife's body cremated. Pasquale Guadagno, the son of Carmela and Salvatore, tells of a jealous husband who saw the woman as 'his property', even with her ashes. But after a long legal battle, the children can now bury their mother in Naples, as she would have wished.

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