Illegal Trade in National Heritage Goods in Cyberspace
The illegal trade in national heritage goods in cyberspace poses a serious threat to the protection of cultural and historical heritage. The internet, particularly anonymous sales platforms, social media, and the darknet, facilitates the trafficking and sale of stolen or illegally excavated artifacts.
How Does the Illegal Trade in Cultural Goods Work Online?
Criminals use various methods to sell antiquities, artworks, and other national heritage goods:
- Online Auctions and Classified Websites – Illegal artifacts are often listed as “collectibles” or “historical souvenirs.”
- Social Media – Private groups and direct messages are used to facilitate the sale of stolen heritage goods.
- Darknet – Hidden markets enable the trade of valuable antiquities while ensuring anonymity for both sellers and buyers.
- Fake Certificates and Documentation – Illegally acquired goods are often legitimized through forged provenance documents.
What National Heritage Goods Are Illegally Traded?
- Archaeological Artifacts – Illegally excavated items such as coins, ceramics, and jewelry.
- Works of Art – Stolen paintings, sculptures, and manuscripts.
- Museum Exhibits – Objects stolen from museums and historical sites.
- Religious Relics and Artifacts – Liturgical items and historic icons.
Criminal Liability for the Trade in National Heritage Goods
Polish law imposes severe penalties for the illegal trade in cultural goods:
- Article 109 of the Act on the Protection of Monuments and the Guardianship of Monuments – Up to 5 years in prison for illegal trade in monuments.
- Articles 291 and 292 of the Penal Code – Dealing in stolen cultural goods (receiving stolen property) is punishable by up to 10 years in prison.
- UNESCO Convention of 1970 – An international agreement for combating the smuggling of cultural goods.
How to Counter Illegal Trade?
- Monitoring the Internet – Authorities track suspicious auctions and sales listings.
- International Cooperation – Interpol and Europol assist in recovering stolen cultural goods.
- Public Awareness Campaigns – Educating the public on the risks and consequences of purchasing illegal artifacts.
- Registration of Heritage Items – Creating databases of stolen and missing artworks.
Legal Regulations on the Protection of National Heritage Goods
1. Polish Law
Penal Code (PC)
- Article 244 PC – Penalizes violations of restrictions on the export of cultural heritage items without proper permits.
- Articles 291 and 292 PC – Receiving, concealing, or assisting in the disposal of stolen cultural goods is punishable by up to 10 years in prison.
- Article 294 PC – If the stolen goods are of significant value, the penalty may range from 1 to 10 years in prison.
Act of July 23, 2003, on the Protection of Monuments and the Guardianship of Monuments
- Article 109 – Illegal trade in monuments is punishable by a fine, restriction of liberty, or up to 5 years in prison.
- Article 110 – Knowingly purchasing or possessing a stolen heritage item is punishable by up to 2 years in prison.
- Article 111 – Illegal export of monuments abroad without proper permits may result in up to 5 years in prison.
Fiscal Penal Code
- Article 65 – Imposes penalties for failing to report taxable transactions involving artworks and heritage goods.
2. International Law
Poland is a party to several international agreements aimed at combating the illegal trade in cultural goods:
- UNESCO Convention of 1970 – Obligates states to prevent the illegal export of cultural goods and cooperate in their recovery.
- UNIDROIT Convention of 1995 – Establishes legal mechanisms for the restitution of illegally exported national heritage goods.
- Council of Europe Convention of 2017 (“Nicosia Convention”) – Addresses crimes against cultural heritage, including the trade of stolen artifacts in cyberspace.
- EU Regulations – Regulation (EU) 2019/880 introduces strict controls on the import of cultural goods into the EU to prevent their illicit origins.
Law Enforcement Efforts and Countermeasures
Authorities in Poland and globally are actively working to combat the illegal trade in cultural goods, including:
- Interpol and Europol – Maintain databases of stolen artworks and collaborate with member states to combat cultural property crime.
- National Institute of Museology and Collection Protection (NIMOZ) – Manages registers of stolen and illegally exported Polish heritage items.
- Online Monitoring – Law enforcement tracks listings on auction sites, classifieds, and darknet marketplaces.
Conclusion
The illegal trade in national heritage goods in cyberspace is an escalating threat requiring intensified efforts from law enforcement, cultural institutions, and the public. Protecting national heritage is not only a legal issue but also a duty towards future generations.
As of: May 3, 2022
Cyberlaw by Judyta 