Karnoprawne ograniczenia poszukiwania zabytków archeologicznych jako element krajowego systemu ochrony dziedzictwa kulturowego (uwagi modelowe)
Criminal law restrictions on the search for archaeological artefacts as part of a national system of cultural heritage protection (model remarks)

Summary/Abstract: In recent decades, the international community has undertaken many initiatives to protect cultural heritage in its various aspects. These activities are of particular importance because they concern objects that, beyond their mere economic value, have other special value and contain information about the identity of a nation. An important position is occupied by the problem of protecting artefacts of archaeological significance. The specific nature of the protection of such artefacts arises from the fact that their location is unknown until they are discovered, necessitating protection measures to prevent their destruction or looting. Against this background, the question of the choice of the type of protection measures arises, which in international legal acts is left to individual states. The protection model can be created by considering administrative or criminal sanctions. In the search for a model of criminal law protection of cultural property of archaeological significance, the article analyses the legislative output developed so far within the framework of international cooperation at the universal and European levels. The considerations focus on the following issues: the attitude of the state to the ownership of archaeological artefacts, the activity of the state in limiting the illegal search for archaeological artefacts, and the manner of responding to attempts to authorize archaeological artefacts obtained as a result of illegal transactions. The conclusions are formulated after an autonomous assessment of the regulations adopted in both of the above-mentioned systems of international cooperation concerning the criminal law protection of archaeological assets.

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