Database of Legislation

Section 248

Abuse of Ownership

(1) Whoever damages an important cultural interest or another general interest by destroying, damaging, rendering useless or misplacing an item or any part thereof that is protected under a special regulation, shall be punished by a prison sentence of up to two years.

(2) A prison sentence of one to five years shall be imposed upon an offender if they committed an act referred to in Subsection 1 and thus cause larger damage.

(3) A prison sentence of three to eight years shall be imposed upon an offender if they committed an act referred to in Subsection 1 and thus cause significant damage.

(4) A prison sentence of four to ten years shall be imposed upon an offender if they committed an act referred to in Subsection 1 and thus cause damage of a large extent or another particularly serious consequence.

Section 248a

Damage and Devaluation of a Cultural Monument

(1) Whoever damages, devalues or destroys, even out of negligence, any immovable item that is a cultural monument or obstructs proceedings for declaring an immovable item a cultural monument and thus causes significant damage shall be punished by a prison sentence of up to one year.

(2) A prison sentence of six months to three years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) in a more serious manner of conduct,

b) out of a special motive, or

c) thus obtain a larger benefit for themselves or another person.

(3) A prison sentence of two to six years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) as a member of a dangerous group,

b) and thus cause damage of large extent, or

c) on a territory enjoying protection under a special regulation.

Section 249

Damage and Devaluation of Archaeological Heritage

(1) Whoever illegally searches for, digs out or otherwise removes from the place of a finding, relocates or keeps an archaeological finding or otherwise damages or devaluates any archaeological heritage shall be punished by a prison sentence of up to two years.

(2) A prison sentence of one to five years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) using a metal detector or any other detection device,

b) out of a special motive,

c) to a larger extent, or

d) although they were previously charged for a similar act in the last twelve months or convicted for such an act in the last twenty-four months.

(3) A prison sentence of three to eight years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) to a significant extent, or

b) in a more serious manner of conduct.

(4) A prison sentence of five to ten years shall be imposed upon an offender if they committed an act referred to in Subsection 1

a) to a large extent,

b) as a member of a dangerous group,

c) on a territory enjoying protection under a special regulation, or

d) in a crisis situation.