New crimes in the criminal law system regarding the protection of cultural heritage in the light of the coming into force on 25 May 2017 the Restitution of National Cultural Property Act Cover Image

Nowe przestępstwa w systemie karnoprawnej ochrony dziedzictwa kultury w związku z wejściem w życie ustawy z dnia 25 maja 2017 r. o restytucji narodowych dóbr kultury
New crimes in the criminal law system regarding the protection of cultural heritage in the light of the coming into force on 25 May 2017 the Restitution of National Cultural Property Act

Author(s): Bartłomiej Gadecki
Subject(s): Museology & Heritage Studies, Criminal Law, Library operations and management, Cultural Anthropology / Ethnology, Criminology
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Criminal Code; the Act on the Protection and Guardianship of Monuments; the Act on the Restitution of National Cultural Property; the Act on Libraries; the Act on Museums;

Summary/Abstract: On 25 May 2017, the Act on the Restitution of National Cultural Property was passed. Article 52 of this Act provides a definition of the crime of obstructing proceedings for the return of foreign national cultural property. The Restitution of National Cultural Property Act also introduced changes to the Act on Museums of 21 November 1996 and the Act on Libraries of 27 June 1997 concerning provisions on criminal liability for illegal export (of museum collections and library materials respectively). The author discusses the new crimes included in these three Acts, and concludes that different ways of determining the amount of exemplary damages are contained in the provisions concerning illegal export included in the Act on Museums, the Act on Libraries and the Act on the Protection and Guardianship of Monuments. It seems necessary to impose stricter sanctions for the crime of illegal export of archives in the Act on the National Archival Resource and State Archives of 14 July 1983. In conclusion it is noted that the new regulations have undoubtedly strengthened the protection of cultural heritage under the criminal law system.

  • Issue Year: 3/2017
  • Issue No: 1
  • Page Range: 81-92
  • Page Count: 12
  • Language: Polish