Database of Legislation

Trafficking in cultural property
  • Offences

    • • Illicit excavation
      • Trafficking in cultural property

UNTOC Articles

  • Organized Crime Convention

  • Article 11: Prosecution, adjudication and sanctions
  • Article 12: Confiscation and seizure
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 40 :

    Without prejudice to any severer penalty stipulated by the penal law or any other law punishing, for the violation of the provisions of present law, by the penalties stated in the hereinafter articles.

    Article 41:

    Whoever smuggles an antiquity outside the Republic or participate in such act shall be punished by temporary hard labor or by a mulct not less than 5000 Egyptian pounds and
    not more than 50.000,- Egyptian pounds. In this case the antiquity, object of the crime, shall be confiscated together with sets, instruments, machinery, and cars used in said crime on behalf of the authority.

    Article 42:

    The following shall be punished by imprisonment for a period not less than 5 years and not more than 7 years and by a mulct not less than 3000 Egyptian pounds and not more than 50.000 Egyptian pound :

    A - Whoever steals an antiquity or part of such that is owned by the state or hides the same or participates in any such crimes. In this case, the antiquity, sets, instruments,. machinery and cars used in the crime are to be confiscated on behalf of the authority.

    B-Whoever intentionally pulls down or damages or spoils or changes the distinguishing features of an antiquity or a historical building or a separate part of the same or participates in any such action.

    C - Whoever executes archaeological excavation or participates in such work without a license. Penalty in this case shall be temporary hard labor and; a mulct not less than 5000 Egyptian Pounds and not more than 50.000,  Egyptian Pounds if the doer was one of those working in the State, supervising or working in antiquities or official or workers of excavation missions or of the contractors having a contract with the authority or their workers.

    Article 43:

    The fallowing shall be punished by imprisonment for a period not less than 1 year and not more than 2 years and by a mulct not less than 100 Egyptian Pounds and not more than 500 Egyptian Pounds err one of the aforementioned penalties :

    A - Whoever transfers, without a written permission from the Antiquities Authority, a registered antiquity or an antiquity owned by she State or tears the same off its place,

    B - Whoever transfers archaeological buildings or lands or parts of such to a residence or yard or store or factory or cultivates the same or prepares it for cultivation or implants trees therein or makes a barn or digs drains or irrigation canals or sets in the same any other such work or infringes upon the same by any other means

    C - Whoever appropriates rubble or fertilizers or soil or sand or Other materials from an archaeological site or land without license from the authority or exceeds terms in the
    license granted to him in quarries or brings to the site or archaeological place fertilizers or soil or waste or other materials

    D- Whoever intentionally exceeds terms in the license granted to him for archaeological excavation

    E- Whoever had an antiquity the disposal of which was effected contrary to what stipulated in the law

    F- Whoever counterfeits- one of the ancient antiquity with the aim of deception or fraud

    Article 44:

    Whoever violates provisions of articles 2,4, 7, 11, 18, 21 and 22 of this law shall be punished by penalties mentioned in the hereinbefore article.

    Article 45:

    The following shall be- punished  by imprisonment period not less than 3 months and not more than one year and by a mulct not less than 100 Egyptian Pounds and not more than 500 Egyptian Pounds or one of either abovementioned penalties :

    A - Whoever puts advertisements or propaganda posters on the antiquities,

    B - Whoever writes or inscribes on the antiquities or puts paints on such,

    C - Whoever spoils or damages an immovable or movable antiquity or separates part of such by way of mistake

    Article 46:

    Whoever violates, articles 18,19,20 of those working in the State shall be  punished by imprisonment for a period not  less than 2 years and by a mulet not less than 10 Egyptian pounds and not more than 500 Egyptian Pounds together with obliging the said to pay a compensation for damages originating from the violation.

    Article 47:

    In case of violating articles 7,21,22 antiquities shall be confiscated to the Antiquities Authority.

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Property, equipment or other instrumentalities