Treasure hunting – a hobby or a crime? Legal and criminological perspective
Treasure hunting – a hobby or a crime? Legal and criminological perspective

Summary/Abstract: The paper is devoted to the problem of amateur search for monuments with the use of a metal detector. The aim of the article is to introduce the principles of criminal responsibility for this offence under on the Protection and Guardianship of Monuments (2003) and to discuss criminological aspects of this phenomenon (etiology, phenomenology, prevention). The conditions of lawful search for monuments and the conditions of illegal search are indicated. The reasons for undertaking illegal searches, the manifestations of this phenomenon and the possibilities of counteracting this social pathology are discussed. The relations between illegal search and other criminal phenomena aimed at cultural heritage, including archaeological heritage, are also described. The principles of criminal responsibility for the offence of illegal search for monuments under Art. 109c of the APGM are characterised. An analysis is also made of the latest draft of the amendment to the APGM with regard to the legal regulation of monument exploration. The scale of the phenomenon of amateur search for monuments is constantly growing. The vast majority of explorers carry out searches illegally. However, enforcement of the rules of criminal liability for illegal searching is ineffective. However, the solutions proposed in the latest amendment will not improve this situation. It is therefore necessary to regulate this issue comprehensively, taking into account the proposals raised in the doctrine.

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