Możliwość orzekania przepadku oraz nawiązki wobec sprawców przestępstw oraz wykroczeń zawartych w ustawie z dnia 23 lipca 2003 roku o ochronie zabytków i opiece nad zabytkami
The possibility of forfeiture and exemplary damages for crimes and offences against monuments and their protection as provided by the Act on the Protection of Monuments and the Guardianship of Monuments

Summary/Abstract: The purpose of this article is to analyse forfeiture and exemplary damages that the court may order in the event of a conviction for crimes and petty offences against monuments. The author points out that in the Polish Criminal Code and Petty Offence Code there are different classifications of forfeiture. In the Polish Criminal Code forfeiture is no longer a penal measure as a result of the Criminal Code amendment that came in force on the 1 July 2015. The author also signals certain interpretation possibilities referring to forfeiture and exemplary damages. A problematic issue is the decreeing of forfeiture in relation to a monument even if it is not the property of a perpetrator criminally exporting a monument without a permit. Also the court may not order the forfeiture of archaeological monuments because objects of archaeological monuments, discovered, found accidentally, or gained as a result of archaeological research, are already the property of the Treasury (Article 35 of the Act on the Protection of Monuments and the Guardianship of Monuments). Another problematic issue is decreeing exemplary damages for a designated social purpose connected with the guardianship of monuments.

• Details
• Contents