Database of Legislation

Trafficking in cultural property
  • Offences

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

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 55:

    Whoever contravenes the provisions of Article 5 of this Law shall be punishable with imprisonment for a period not exceeding one year or with fine not exceeding two hundred Dinars or with both.

    Article 56:

    Whoever is required to report to the authorities concerned any discovery of a movable or immovable antiquity under the provisions of Articles 11 and 19 of this Law and fails to do so shall be punishable with imprisonment for a period not exceeding six months or fine not exceeding one hundred Dinars or with both.

    Article 57:

    Whoever contravenes the provisions of Article 13 of this Law shall be punishable with imprisonment for a period not exceeding three years or with fine not exceeding
    five hundred Dinars or with both.

    Article 58:

    (1) Whoever contravenes the provisions of items (1) and (3) of article sixteen of this Law, shall be sentenced to imprisonment for a period not exceeding two years, and with the confiscation of the antiquities,

    (2) Whoever contravenes the provisions of article seventeen of this Law, shall
    be sentenced to imprisonment for a period not exceeding one year or with a fine not exceeding one hundred Dinars, or both with the confiscation of antiquities.

    Article 59:

    Whoever contravenes the provisions of Article 22 hereof shall be considered guilty of an offence and be punishable with imprisonment not exceeding six months or with fine not exceeding one hundred Dinars or with both, and the counterfeit or imitated article shall be liable to confiscation.

    Article 60:

    (1) Whoever smuggled of intended or helped in smuggling antiquities, against the provision of article twenty six of this Law, should be sentenced to imprisonment for a period not exceeding five years and the confiscation of the antiquities, in respect of which the crime has been committed, as well as all antiquities in his possession even if they are registered.

    (2) Whoever stole antiquities which are in possession of the Directorate shall be sentenced to imprisonment for a period not less than six years and a fine of a sum which is six times the value of the stolen antiquity. Intending to commit such crime will be considered as the complete action. The sharer, accomplice or instigator are considered as the original doer. The punishment will be doubled in the case that the crime is done by the responsible person entrusted with the administration or keeping, preserving or guarding antiquities.  

    Article 61:

    Whoever traffics in antiquities contrary to the provisions of the articles 27 and 28 of this law, shall be punishable with imprisonment for a period not exceeding three months or with fine not exceeding one hundred Dinars, and the antiquities in his possession shall be liable to be confiscated.

    Article 62:

    Whoever contravenes the provisions of Article 39 hereof shall be punished with
    a fine not exceeding ten Dinars. If the said contravention lead to the non-declaration of the new possessor or to the loss of the traces of the antiquity, the person guilty of the offence shall be punishable with imprisonment for a period not exceeding one year or with fine not exceeding one hundred Dinars or with both.

    Article 63:

    Whoever excavates for, or attempts to discover antiquities contrary to the provisions of Article 40 of this Law, shall be punishable with imprisonment for a period not exceeding one year or with fine not exceeding one hundred Dinars or with both,
    with the confiscation of the digging instruments and the antiquities found; and if the offence be committed on a site already announced to be a historical site he shall be punished with imprisonment for a period not exceeding three years or with fine not exceeding five hundred Dinars and with the confiscation of the digging instruments and the antiquities discovered.

    Article 64:

    Whoever fails to give the information and assistance required of him under this
    Law shall be considered as guilty of the offence of preventing Government Officials from fulfilling their duties and shall be punishable under the provisions of the Penal Code.

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Property, equipment or other instrumentalities
     

    Attachments

    Comment

    This law includes its two amendments N.120 of 1974 and No. 164 of 1975.