Criminal Law Protection of Cultural Heritage: An International Perspective

Manacorda, Stefano

doi:10.1007/978-1-4419-7946-9_2

Cited by 22 publications

(17 citation statements)

References 10 publications

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“…A detailed discussion of these rules of international law or those governing transnational relations between states and museum institutions or private collections falls beyond the scope of this paper. We would simply underscore the traditional orientation of international and European regulations toward private law instruments, i.e., toward the return or restitution of the object, rather than toward criminal law, which is reserved for sanctions in the anomalous cases of armed conflict (Manacorda 2011;Lazari 2018).…”

Section: The International Legal Response: Reevaluating What Is Criminalmentioning

confidence: 99%

“…However, this does not mean that the civil approach represented by the Paris and Rome laws has been truly effective. On the contrary, it is widely recognized in the literature that this panoply of regulations falls short (Gerstenblith 2003;Manacorda 2011;Mackenzie 2011). The difference in the political weight of the countries that receive objects and those that supply them, the complexity of domestic laws for the purposes of private law, as it is not always easy to determine which rule of law is applicable to a given object (Fuentes Camacho 1994), and the techniques for covering the trail regarding the objects' origin all hinder and prolong the processes, rendering them all but exceptional.…”

Section: The International Legal Response: Reevaluating What Is Criminalmentioning

confidence: 99%

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Forensic Archaeometry Applied to Antiquities Trafficking: The Beginnings of an Investigation at the Frontiers of Knowledge

Temiño

Yáñez

Villar

et al. 2018

Arts

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For most of its history, archaeology has too often taken an indulgent attitude toward looting and antiquities trafficking. The primary response to these dangers has been to publish the main findings made outside of academia. As a result of this approach and the prominent role played by police techniques in investigating such crimes, investigations are primarily based on documentary research. This approach makes it harder to determine such essential factors in this field as an object’s collecting history or discovery date. This paper proposes new ways of studying collecting history, drawing on research projects on the use of archaeometry to shed light on cases of looting or trafficking involving police, court, or government intervention; hence, its qualification as “forensic”. Although the current state of knowledge does not enable the presentation of novel research, we believe that researchers and interested institutions should be made aware of the advisability of using archaeometry more directly in the fight against these scourges.

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Section: The International Legal Response: Reevaluating What Is Criminalmentioning

confidence: 99%

Section: The International Legal Response: Reevaluating What Is Criminalmentioning

confidence: 99%

Forensic Archaeometry Applied to Antiquities Trafficking: The Beginnings of an Investigation at the Frontiers of Knowledge

Temiño

Yáñez

Villar

et al. 2018

Arts

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“…There are three factors: firstly, the types and values of the damage caused; secondly, the level of risk posed to society; and finally, the links with organised crime. However, another approach that is closely related to this issue is the role played by international law in providing solutions to the protection of cultural properties according to the following factors (based on Manacorda’s approach: Manacorda, 2011, pp. 19–23): Art crime is frequently transnational crime: cultural goods are part of cultural heritage; the various crimes are committed against the property of nations, also a mankind. The most serious crimes are characterised by transnational dimension: namely, the illicit trade of cultural goods. There is a correlation with the organised crime (dealing in stolen goods, money laundering, financial and tax offences). …”

Section: Criminal Law Approach In Protection Of Cultural Goodsmentioning

confidence: 99%

Experiences of the Hungarian criminal jurisdiction concerning the illicit trafficking of cultural properties

Kármán

2021

JCRPP

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Purpose The special purpose of this research was to identify the current features of illicit trade of cultural properties in Hungary and the procedures dealing with it. These offences pose a significant risk of damage to cultural property and have a strong link with organised crime. This relationship underlines the need for a criminal law approach worldwide in the field of the protection of cultural goods. Design/methodology/approach To explore the current situation in Hungary, an empirical research was conducted in 2018 with questionnaires designed to obtain data from the criminal records. To examine the phenomenon of “illicit trafficking”, the following types of crimes against cultural goods were selected: theft, dealing in stolen goods, robbery, budget fraud and criminal offences with protected cultural goods. Findings As a summary, it has to be stated that even though the number of the criminal procedure of these crimes in Hungary is low, it cannot be concluded that illicit trafficking of cultural goods in Hungary occurs only rarely. A specific characteristic of the phenomenon is high latency. To examine this phenomenon, the author has drawn up a list of indicators. Practical implications The aim of this project is to provide background information and materials for training programs. It is necessary to develop a more comprehensive understanding of the problem. The role of the experts is outstanding in these cases; the clear definition of their tasks and competence is very important. Information to all “actors of this scene” (from the collector to the art dealers) can contribute to the prevention too. Originality/value This study presents the characteristics of the criminal procedures and the difficulties of both the detection and the evidentiary process to provide educational material for training. The author would like to raise awareness about the problem and draw attention to the need for unified legal practice.

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“…For those purposes, databases on stolen cultural properties have been developed at various levels. 20 As an example, a department of the French Central O ce for the Fight against Illicit Tra cking in Cultural Goods (OCBC) has a database of stolen cultural objects called "TREIMA" (Thesaurus of Electronic and Image Research in Artistic Matters). 21 As another example, the ICOM Red Lists Database provides a useful platform, and Emergency Red Lists published by ICOM are authorized reference materials in this eld.…”

Section: The Role Of Inventories and Databasesmentioning

confidence: 99%

Rozważania metodologiczne dotyczące międzynarodowego handlu dobrami kultury – podejście ze statystyki bayesowskiej

Yatsunami

2021

GSP

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W niniejszym artykule, tematycznie osadzonym w zagadnieniach nielegalnego handlu ruchomymi dobrami kultury, zaproponowano stosowanie narzędzia probabilistycznego znanego jako wnioskowanie bayesowskie w sprawach z zakresu prawa ochrony dóbr kultury. Postulowany model probabilistyczny pokazuje, w jaki sposób można wykorzystać wnioskowanie bayesowskie do oszacowania wpływu materiału dowodowego na całość postępowania w przypadku, w którym organy celne wykryłyby taki właśnie nielegalny handel.

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Criminal Law Protection of Cultural Heritage: An International Perspective

Cited by 22 publications

References 10 publications

Forensic Archaeometry Applied to Antiquities Trafficking: The Beginnings of an Investigation at the Frontiers of Knowledge

Forensic Archaeometry Applied to Antiquities Trafficking: The Beginnings of an Investigation at the Frontiers of Knowledge

Experiences of the Hungarian criminal jurisdiction concerning the illicit trafficking of cultural properties

Rozważania metodologiczne dotyczące międzynarodowego handlu dobrami kultury – podejście ze statystyki bayesowskiej

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