Database of Legislation

Trafficking in cultural property
  • Offences

    • • Illicit excavation
      • Trafficking in cultural property
      • Illegal import/export
      • Theft of cultural property
      • Looting of archaeological sites
      • Vandalising/destruction of archaeological sites

UNTOC Articles

  • Organized Crime Convention

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

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 43-Violation of cultural asset protection measures:

    The violation of cultural asset protection measures under this law shall subject the violator to a fine equivalent to twenty times the minimum monthly salary earned in its commercial activities without detriment to the enforcement of appropriate criminal action.

    Article 44- Cultural Asset plundering:

    Whoever destroys, alters, deteriorates or renders the objects that form the Cultural Heritage of the Nation partially or totally useless shall be penalized with prison sentences that will go from six to nine years plus a fine equivalent to twice the price of the damaged cultural asset.

    Article 45- Unlawful export of cultural assets:

    Whoever exports an object of the Cultural Heritage of the Nation unlawfully shall be punished with prison sentences ranging from six to fifteen years plus a fine equivalent to twice the value of the cultural asset, which will be seized. The monetary value of the cultural asset will be determined by the Cultural and Natural Heritage Bureau.

    Article46- Unlawful research or excavations:

    Whoever engages in ground or underwater archaeological excavation or research work without authorization from the Cultural and Natural Heritage Bureau shall be penalized with prison sentences ranging from six to nine years plus a fine that will be twenty to forty times the minimum monthly salary of commercial activities.

    Article 47- Unlawful placement of signs:

    The party responsible for placing any type of commercial advertising, as well as cables, antennae and connections in archaeological areas or historic monuments shall be punished with a fine of ten thousand quetzals and must also remove the items placed.

    Article 48- Liability of officers in the field of the cultural heritage:

    Public servants who participate in criminal deeds against the cultural heritage shall be punished with twice the sentence established for each crime.

    Article 49- Unlawful demolition:

    A party that partially or totally demolishes real property that is part of the cultural heritage of the Nation without the authorization of the Cultural and Natural Heritage Bureau shall be punished with prison sentences ranging from four to six years, plus a fine ranging from one hundred thousand to five hundred thousand quetzals.

    Article 50 - Noncompliance with the obligation to return objects:

    A party who fails to fulfill the obligation to return objects that are part of the Cultural Heritage whose temporary export has been lawfully authorized shall be punished with a fine of ten thousand quetzals.

    Article 51- Removal of historic documents:

    A party who removes historic documents from the documentary archives that are part of the cultural heritage of the Nation shall be punished with prison sentences ranging from three to six years and must also return the documents.

    Article 52 - Alteration of original names:

    It is forbidden for the Municipalities of the country to change the traditional names of villages. Individual persons are forbidden from making name changes in archaeological sites. A person who incurs in this misdemeanor shall be punished with a fine of five thousand quetzals.

    Article 53- Damage to traditional culture:

    Damaging the traditional culture of indigenous communities by hindering or in any way influencing the forms of life, customs, traditions, indigenous costumes, languages, dialects, celebration of their periodic festivities or native rituals is forbidden. Violators of this provision shall be fined with five thousand quetzals.

    Article 54- Cultural asset theft, robbery and traffic:

    Those found guilty of the theft, robbery or traffic of objects that are part of the cultural heritage of the nation shall be punished pursuant to the provisions of the criminal code.

    Article 55 - Unlawful modifications to cultural assets:

    Those responsible for excavation, removal or of breaking land, modifying the landscape or altering monuments in archaeological or historic sites, archaeological zones, historic centers or complexes without advance authorization by the Cultural and Natural Heritage Bureau will be sentenced to six to nine years in prison plus a fine of one hundred thousand to one million quetzals.

    Article 56- Unlawful export of copies and tracings:

    Any party responsible of exporting replicas or making tracings without the authorization of the Ministry of Culture and Sports will be sentenced to three to five months in prison plus a fine of twenty thousand quetzals in an isolated case. If the deed is part of a repeated or successive set of acts, the party responsible shall be sentenced to six to nine years in prison.