Experiences of the Hungarian criminal jurisdiction concerning the illicit trafficking of cultural properties

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gabriella Kármán
Keyword(s):  
Significant Risk ◽  
Organised Crime ◽  
Cultural Property ◽  
Background Information ◽  
Criminal Records ◽  
Cultural Goods ◽  
Content Type ◽  
Illicit Trade ◽  
Cultural Properties ◽  
Illicit Trafficking

Purpose The special purpose of this research was to identify the current features of illicit trade of cultural properties in Hungary and the procedures dealing with it. These offences pose a significant risk of damage to cultural property and have a strong link with organised crime. This relationship underlines the need for a criminal law approach worldwide in the field of the protection of cultural goods. Design/methodology/approach To explore the current situation in Hungary, an empirical research was conducted in 2018 with questionnaires designed to obtain data from the criminal records. To examine the phenomenon of “illicit trafficking”, the following types of crimes against cultural goods were selected: theft, dealing in stolen goods, robbery, budget fraud and criminal offences with protected cultural goods. Findings As a summary, it has to be stated that even though the number of the criminal procedure of these crimes in Hungary is low, it cannot be concluded that illicit trafficking of cultural goods in Hungary occurs only rarely. A specific characteristic of the phenomenon is high latency. To examine this phenomenon, the author has drawn up a list of indicators. Practical implications The aim of this project is to provide background information and materials for training programs. It is necessary to develop a more comprehensive understanding of the problem. The role of the experts is outstanding in these cases; the clear definition of their tasks and competence is very important. Information to all “actors of this scene” (from the collector to the art dealers) can contribute to the prevention too. Originality/value This study presents the characteristics of the criminal procedures and the difficulties of both the detection and the evidentiary process to provide educational material for training. The author would like to raise awareness about the problem and draw attention to the need for unified legal practice.

scholarly journals The Smuggling of Art, and the Art of Smuggling: Uncovering the Illicit Trade in Cultural Property and Antiques

2009 ◽  
Vol 1 (3) ◽  
pp. 82-96 ◽  
Author(s):  
Raymond Fisman ◽  
Shang-Jin Wei
Keyword(s):  
United States ◽  
Western Country ◽  
Cultural Property ◽  
Illicit Trade ◽  
Reporting Incentives ◽  
Highly Correlated ◽  
Rich Countries ◽  
Illicit Trafficking

We empirically analyze the illicit trade in cultural property and antiques, taking advantage of different reporting incentives between source and destination countries. We generate a measure of illicit trafficking in these goods by comparing imports recorded in United States' customs data and the (purportedly identical) trade recorded by customs authorities in exporting countries. This reporting gap is highly correlated with corruption levels of exporting countries. This correlation is stronger for artifact-rich countries. As a placebo test, we do not observe any such pattern for US imports of toys. We report similar results for four other Western country markets. (JEL F14, K42, Z11, Z13)

The Rise of Safe Havens for Threatened Cultural Heritage

2018 ◽  
Vol 25 (3) ◽  
pp. 323-346 ◽  
Author(s):  
Nikolaus Thaddäus Paumgartner ◽  
Raphael Zingg
Keyword(s):  
The United States ◽  
Art Museum ◽  
Cultural Property ◽  
Comparative Approach ◽  
Safe Haven ◽  
Property A ◽  
Cultural Goods ◽  
International Assistance ◽  
Cultural Properties ◽  
Heritage Protection

Abstract:In light of the recent rise of destruction and looting of cultural property, a need for formalized heritage protection has arisen. Increasingly popular in the debate has become the instrument of international assistance known as “safe havens.” These temporary refuges for at-risk cultural goods in a third country have recently been implemented by Switzerland, France, the United States, and the Association of Art Museum Directors. We assess the contributions and shortcomings of these four regimes using a comparative approach. Mainly, we find that, despite variations in their scope and structure, none of the models accounts entirely for today’s major difficulties in protecting endangered cultural properties. We draw recommendations for future safe haven states against the backdrop of the existing models and hope to see the instrument used in practice as a way to safely isolate cultural property from destructive conflicts.

Organised crime will gain from world vaccine shortages

2021 ◽  
Keyword(s):  
Supply Chains ◽  
Organised Crime ◽  
Pharmaceutical Companies ◽  
Content Type ◽  
Illicit Trade ◽  
High Profile ◽  
Global Demand ◽  
Illegal Activities ◽  
Pharmaceutical Supply Chains ◽  
Vaccine Shortages

Significance However, it is vast global demand for the restricted supply of COVID-19 vaccines that offers the most alluring prize for criminal gangs. Black markets thrive in situations where demand outstrips supply, and there has long been an illicit trade in medicines. Impacts Countries with underdeveloped pharmaceutical supply chains will be vulnerable to theft and diversion of vaccine supplies. Government vaccine strategies could be undermined by high-profile black market vaccine scandals that damage public trust. Pharmaceutical companies are vulnerable to reputational damage if their supply chains are found to be tampered with. Criminal profits will fund other illegal activities such as trafficking of people, drugs and arms.

What Does It Take to Protect Cultural Property? Some Aspects on the Fight against Illegal Trade of Cultural Goods from the Greek Point of View

2017 ◽  
Vol 24 (3) ◽  
pp. 351-376 ◽  
Author(s):  
Kostas Nikolentzos ◽  
Katerina Voutsa ◽  
Christos Koutsothanasis
Keyword(s):  
Law Enforcement ◽  
Cultural Heritage ◽  
International Law ◽  
Statistical Data ◽  
Point Of View ◽  
Cultural Property ◽  
Historical Background ◽  
Illegal Trade ◽  
Cultural Goods ◽  
Illicit Trade

Abstract:An overview of both the theoretical approach and the set of actions taken during the last decade by Greece – a country with a profound historical background and rich cultural heritage – to face the problem of the illicit trade of cultural goods. The article contains not only statistical data on recent cases of thefts, clandestine excavations, confiscations, and repatriations of cultural goods but also information on law enforcement and the effort to establish a network to fight the phenomenon on an international level. Aspects such as conforming to the international law, monitoring auctions of antiquities, raising people’s awareness, and reinforcing the current security status of museums and archeological sites are taken into consideration as successful methods for protecting the cultural heritage.

scholarly journals Stolen Heritage Multidisciplinary Perspectives on Illicit Trafficking of Cultural Heritage in the EU and the MENA Region

2021 ◽  
Author(s):  
Arianna Traviglia ◽  
Lucio Milano ◽  
Cristina Tonghini ◽  
Riccardo Giovanelli
Keyword(s):  
Cultural Heritage ◽  
Ethical Issues ◽  
Cultural Property ◽  
Mena Region ◽  
Public And Private ◽  
Cultural Objects ◽  
Illicit Trade ◽  
Archaeological Areas ◽  
Artistic Assets ◽  
Illicit Trafficking

It is a well-known fact that organized crime has developed into an international network that, spanning from the simple ‘grave diggers’ up to powerful and wealthy white-collar professionals, makes use of money laundering, fraud and forgery. This criminal chain, ultimately, damages and dissipates our cultural identity and, in some cases, even fosters terrorism or civil unrest through the illicit trafficking of cultural property.The forms of ‘possession’ of Cultural Heritage are often blurred; depending on the national legislation of reference, the ownership and trade of historical and artistic assets of value may be legitimate or not. Criminals have always exploited these ambiguities and managed to place on the Art and Antiquities market items resulting from destruction or looting of museums, monuments and archaeological areas. Thus, over the years, even the most renowned museum institutions have - more or less consciously - hosted in their showcases cultural objects of illicit origin. Looting, thefts, illicit trade, and clandestine exports are phenomena that affect especially those countries rich in historical and artistic assets. That includes Italy, which has seen its cultural heritage plundered over the centuries ending up in public and private collections worldwide.This edited volume features ten papers authored by international experts and professionals actively involved in Cultural Heritage protection. Drawing from the experience of the Conference Stolen Heritage (Venice, December 2019), held in the framework of the NETCHER project, the book focuses on illicit trafficking in Cultural Property under a multidisciplinary perspective.The articles look at this serious issue and at connected crimes delving into a variety of fields. The essays especially expand on European legislation regulating import, export, trade and restitution of cultural objects; conflict antiquities and cultural heritage at risk in the Near and Middle East; looting activities and illicit excavations in Italy; the use of technologies to counter looting practices.The volume closes with two papers specifically dedicated to the thorny ethical issues arising from the publication of unprovenanced archaeological objects, and the relevance of accurate communication and openness about such topics.

The Legal Relationship between Terrorism and Transnational Crime

2017 ◽  
Vol 17 (3) ◽  
pp. 417-452 ◽  
Author(s):  
Ben Saul
Keyword(s):  
Human Trafficking ◽  
Drug Trafficking ◽  
Organised Crime ◽  
Cultural Property ◽  
Legal Relationship ◽  
Migrant Smuggling ◽  
Terrorist Groups ◽  
Terrorist Acts ◽  
Illicit Trafficking ◽  
The Relationship

This article examines the legal relationship between terrorism and other transnational crimes. It considers how terrorist groups instrumentally commit other transnational crimes in order to support their terrorist activities, as well as when terrorist acts can qualify as other transnational crimes. The overlap and differentiation between terrorism and transnational organised crime is explored by reference to the un Transnational Organised Crime Convention 2000 (untoc) and its three protocols on human trafficking, migrant smuggling, and firearms trafficking. In particular, the article examines the distinction between politically motivated terrorism and the financial or material benefit that is central to the definition under the untoc. Beyond the untoc, the article then investigates the relationship between terrorism and a cluster of more disparate transnational crimes, including drug trafficking, illicit trafficking in cultural property, illicit exploitation of natural resources and environmental crimes, and kidnapping for ransom. The article identifies gaps in existing legal regimes.

Combatting organised crime and terrorism in Central Asia

2018 ◽  
Vol 25 (2) ◽  
pp. 309-319 ◽  
Author(s):  
Emma van Santen
Keyword(s):  
Central Asia ◽  
Explanatory Power ◽  
Academic Research ◽  
Organised Crime ◽  
The State ◽  
State Crime ◽  
International Policy ◽  
Content Type ◽  
Central Asian ◽  
Terrorist Groups

Purpose This paper aims to examine the shift away from the traditional distinction between organised crime and terrorist groups towards their conceptual convergence under the crime-terror nexus narrative in the context of international security and development policy in post-Soviet Central Asia. It assesses the empirical basis for the crime-terror and state-crime nexus in three Central Asian countries – Kyrgyzstan, Tajikistan and Uzbekistan – and argues that the exclusion of the state from the analytical framework undermines the relevance of the crime-terror paradigm for policy-making. Design/methodology/approach This paper draws on a literature review of academic research, recent case studies highlighting new empirical evidence in Central Asia and international policy publications. Findings There is a weak empirical connection between organised crime and Islamic extremists, such as the Islamic Movement of Uzbekistan and Hizbut Tahrir, in Central Asia. The state-crime paradigm, including concepts of criminal capture, criminal sovereignty and criminal penetration, hold more explanatory power for international policy in Central Asia. The crime-terror paradigm has resulted in a narrow and ineffective security-oriented law enforcement approach to counter-narcotics and counter-terrorism but does not address the underlying weak state governance structures and political grievances that motivate organised crime and terrorist groups respectively. Originality/value International policy and scholarship is currently focussed on the areas of convergence between organised crime and terrorist groups. This paper highlights the continued relevance of the traditional conceptual separation of terrorist and organised crime groups based on their different motives, methods and relationship with the state, for security and democratic governance initiatives in the under-researched Central Asian region.

Die identitätsstiftende Wirkung national wertvoller Kulturgüter

2021 ◽  
Author(s):  
Benita Böhm
Keyword(s):  
The State ◽  
Cultural Property ◽  
Cultural Goods ◽  
Cultural Objects ◽  
Cultural Assets ◽  
Privately Owned

The thesis determines under which conditions privately owned cultural objects have an identity-forming effect on Germany's culture and are to be entered in the so-called register of nationally valuable cultural goods. It then designs a checklist for the application of these undefined and ideologically connoted legal terms. According to the Cultural Property Protection Act, nationally valuable cultural goods are subject to an export ban. In this way, the state interferes with the freedom of ownership, since the sale of these cultural assets abroad is practically impossible and their value is diminished. The work is not only aimed at legal practitioners in the administration and courts, but above all at private owners of cultural property.

Colombian border violence will Venezuela worsen crisis

2021 ◽  
Keyword(s):  
Armed Forces ◽  
Organised Crime ◽  
Border Crossings ◽  
Armed Groups ◽  
Military Operations ◽  
Content Type ◽  
Criminal Violence ◽  
Organised Crime Groups

Significance The closure of border crossings since March 2020 has fuelled violent competition for control of lucrative informal crossings (trochas) and frontier towns. However, the Venezuelan military is ill-prepared to deal with the expanding presence of Colombia’s irregular armed groups. Recent incursions highlight weaknesses in the Venezuelan armed forces, which have suffered casualties. Impacts The penetration of organised crime groups into Venezuela’s disintegrating state and economy will continue to intensify. Organised criminal violence coupled with the violence of military operations will fuel displacement, COVID and civilian casualties. A speedy, negotiated solution to Venezuela’s political impasse is needed to preclude fusion with Colombia’s own protracted insurgency.

Sign in / Sign up

Export Citation Format

Share Document