Chair: Krisztina Farkas
Criminal Law Protection of Cultural Property: a Multidimensional Approach
Author: Kármán Gabriella, National Insitute of Criminology
Title: Experiences of the Hungarian Criminal Jurisdiction Concerning the Illicit Trafficking of Cultural Properties
The aim of the present research is to explore Hungarian law enforcement measures for the protection of cultural properties. Provisions and civil and criminal infringements in this field are regulated by public administrative and criminal law. In our project the issue is examined from an international perspective with special emphasis on the Italian solutions.
The main purpose of this research is the analysis of the criminal justice practice. One of the most serious cases among the offenses against cultural properties is referred to in literature as the illicit trading of cultural properties. However, illicit trading of cultural properties is an ambiguous expression; literature usually means transnational crime against antiquities under this term. There are no specific provisions for illicit trading of cultural properties in the Hungarian Criminal Code. The literature uses it as a collective term for different criminal offenses.
In 2018 we have conducted an empirical research on crimes committed against cultural properties between 2012 and 2016. The offenses examined were theft, robbery, dealing in stolen goods, misuse of cultural properties and smuggling. In addition, we have studied the personal and organisational requirements to combat the illicit trading of cultural properties. In our presentation we would like to outline our recommendations based on our results.
Keywords: cultural property, Hungarian criminal law, illicit trafficking, empirical research
Author: Farkas Krisztina, National Institute of Criminology
Title: Criminal Law Protection of Cultural Property From a Comparative Perspective – Some Italian Lessons for the Hungarian Legislation
The cultural properties are complex objects of cultural, economic and investment mechanisms. The acts against them appear as an interdisciplinary problem, the combat against these diverse actions can be realized by the regulations of the various areas of law. However, the threatened values, the size of the damage and the related crimes with great weight makes the intervention of the criminal law necessary.
Italy is characterized by one of the wealthiest cultural heritages of the world. For this reason, Italy takes a leading role in fighting against actions violating these values. This protection is realised at different levels and by several measures. In addition, the Italian system is characterised by special police forces dedicated to law enforcement in this field.
In the framework of a two year long project, the National Institute of Criminology and the National University of Public Service have conducted a research in the field of the criminal protection of cultural properties. The Hungarian system and the Italian one have been examined in order to give appropriate suggestions to resolve the problem.
The lecture will introduce the Italian criminal legislation, organisation system, practical experience and compare them with the Hungarian ones. With the help of this comparative analysis, it will be possible to make the protection of cultural properties in Hungary more effective and hopefully it will give useful advice for other countries.
Keywords: cultural properties, HUngarian Criminal Law, Italian criminal law
Author: Lukács Dalma, National University of Public Service
Title: The Importance of the Cultural Properties' Digitalisation
The modern era has many advantages in the restraint of the illicit trade of cultural property. One of the most important and fundamental building blocks for law enforcement is the database. Why the database of the stolen cultural property is useful? What kind of database should be prepared? How to build a database for a law enforcement agency that fights against the illicit trade of cultural goods? Where can we find data to the database? What are the disadvantages of the database? What difficulties arise during editing the database? How could law enforcement develop the databases? This presentation provides answers to these questions, furthermore, searching for development opportunities.
Keywords: digitalisation, cultural property, cultural heritage, database
Author: Bezsenyi Tamás, National University of Public Service
Title: Using Art Treasures as Deposit Bank Technique in the Hands of the Hungarian Organized Crime Gangs From 1980'S to 1990'S
In the world of the Hungarian organized crime art treasures appeared as offence subjects and later on as tool for an illicit-deposit banking system. The Hungarian organized crime gangs since 1960’s emerged from stealing the deposit boxes of state owned agricultural cooperatives and factories in the socialist period. From the second half of 1970’s in different counties appeared burglary series of private houses for the resident competent police authorities. the offence subjects were mainly art treasures, jewellery and hi-tech tools. The law of the small enterprises came into force in 1981, therefore since 1980’s the Hungarian organized crime groups used two kinds of techniques to maintain and use their profit. Without commercial and deposit banks the crime gangs renting restaurants, pubs to speed up the rotation of their capital (so-called commercial bank technique). In the meantime, they not just steal, but they invested into pieces of art as a so-called deposit bank technique. During the regime change the fastly created banks set strict conditions in terms of investing and lending, thus the techniques of the 1980’s survived the socialist economy. In the first half of the 1990’s the profits of leased businesses and the art treasures as collateral were the basis for oil scheming.
Keywords: art treasure, hungarian organized crime, burglary series, socialist economy