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EN
Trafficking in cultural property is a transnational crime that threatens world cultural heritage and jeopardizes legitimate trade in art. The smuggling of cultural property assumes a number of forms. Items might be illegally imported or exported, cultural property might be take out of a country on a temporary permit and not returned, and cultural property might not be declared when it is brought into a country to avoid paying duty. Given such diverse forms of smuggling, criminologists find it hard to give an unequivocal definition of trafficking in cultural property and to specify who is a trafficker and who is not. The illegal transfer of cultural property across national borders is often connected to, if not tightly bound with, other types of crime. Criminals who steal precious works of art and organized gangs that loot archaeological sites all factor smuggling into their plans to sell the stolen cultural property. Trafficking often remains undetected until a stolen item is found abroad. Unless the item is found, many years can transpire before anybody realizes that it was illegally moved across national borders. Law enforcement statistics consequently fail to fully convey the scale of trafficking in cultural property. It is also worth noting that cultural property, and especially works of art, is of interest to organized crime and used as collateral in e.g. drug transactions and money laundering. Globalization has strengthened the phenomena that stimulate trafficking in cultural property. Streamlined movement of goods, limited border checks and higher traffic between countries are all contributing factors that heighten the risk of cultural property being illegally transferred. Preventive measures are required to alleviate this risk. International organizations such as UNESCO, UNODC and Interpol have been combating trafficking in cultural property by devising practical measures and drawing up regulations to help contain the problem. Unfortunately, these have met with mixed success. The measures devised to prevent the illegal movement of cultural property between EU member states have proved to be ineffective, prompting changes to both Polish law and EU regulations. This paper outlines the scale and extent of trafficking in cultural property and discusses the legal regulations designed to combat it.
EN
Three shipwrecks which sunk at the end of the Second World War are classified as war graves. These are the “Wilhelm Gustloff”, the “Goya” and the “General von Steuben”. These shipwrecks are also historical monuments and are protected under provisions of criminal law, which are contained both in the Act on the Protection of Monuments and the Guardianship of Monuments and in the Penal Code. Currently applicable laws protect shipwrecks against damage or destruction, profane, theft. Also in order to protect the property aboard war graves and to protect the environment the Maritime Office in Gdynia and the Maritime Office in Słupsk have forbidden diving within 500 meters of these wrecks.
PL
Artykuł zarysowuje ogólny obraz zjawiska przestępczości przeciwko zabytkom archeologicznym pochodzącym z czasów współczesnych. Zawiera podstawy prawne, opis problemu kradzieży i niszczenia obiektów dziedzictwa, ocenę istniejących regulacji ustawowych oraz praktyki zwalczania tego specyficznego rodzaju przestępczości.
EN
The article presents the overall image of the phenomenon of crime against archaeological finds from contemporary times. It contains the legal basis, the description of the problem of theft and damage to heritage, an evaluation of the existing statutory regulations, and practices of combating this specific type of crime.
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