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

Abstract

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.

National intelligence and illicit trade: a cross-country study

“…Concentrating on the issue of illicit trade, our contribution to the literature resides in linking the national IQ research with the literature that investigates the determinants of illicit trade. The vast majority of illicit trade studies have been carried out within a single country adopting a legal perspective (Lauchs and Keane, 2017;King, 2019;K arm an, 2021). Noticeably, cross-country empirical research on illicit trade has been very limited.…”

“…The vast majority of illicit trade studies have been carried out within a single country adopting a legal perspective (Lauchs and Keane, 2017;King, 2019;K arm an, 2021). Noticeably, cross-country empirical research on illicit trade has been very limited.…”