Examen de jurisprudență în materia infracțiunilor la regimul de protecție a patrimoniului cultural - Lex municipalis troesmensium-.
Case law examination in matters of offenses under the cultural heritage protection regime - Lex municipalis troesmensium-

Summary/Abstract: Money laundering - autonomous offense. Material object of the offense: archeological goods and amounts of money subject to a recycling process. Material element of the objective side. Alternative ways of committing the offense through acquiring and illegal placing, on the legal antiquities market, as well as changing and transferring through sales, goods previously stolen from archeological sites, while knowing they were the product of qualified theft of goods pertaining to the national cultural heritage, unauthorized for export. Subjective side, difference from concealment. Changing or transferring cultural goods, while kowing they are the product of certain offenses, with the purpose of concealing the illicit nature of these goods through forgery and attributing a false origin, as pertaining to private collections - or with the purpose of helping the author of the offense from which the goods originated to evade prosecution, judgement or execution of the sentence; acquiring, holding or using goods by another person beside the active subject of the offense from which the goods originate, while knowing they are the product of crime. The civil side. Oligation of the defendant to pay the civil damages consisting of the expenses made by the Romanian State as compensation for the repatriation of the artifacts that were stolen, acquired and illegally transferred on the antiquities market. Special confiscation of the product of the crime: archeological artifacts - bronze tables of Roman laws and a lot of Koson gold coins - stolen from sites and recycled as pieces of private collections; money resulted from the valorisation of the stolen artifacts. Ne bis in idem? Decision to end the criminal trial – given by the judicial control court, based on the wrong ascertainment of the inexistance of the special prescription institution of criminal liability. Instruments of international judicial cooperation: European Evidence Warrant (EEW), UNIDROIT Convention. Content analysis of the legal document Lex municipalis Troesmensium. (Alba Iulia Court of Appeal, Criminal Section, decision no. 333/11.06.2020, pronounced in the file no. 1335/97/2017*).

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