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Section 83

Criminal provisions

(1) Anyone who engages in the following shall be liable to imprisonment not exceeding five years or a fine:

1. in violation of Section 21 nos. 1, 2, 4 or 5 exports cultural property;

2. in violation of Section 21 no. 3 exports cultural property which he knows was unlawfully imported pursuant to Section 32 (1) nos. 1 and 2;

3. in violation of Section 28 imports cultural property which he knows had been removed in violation of legislation referred to in Section 28;

4. in violation of Section 40 (1) places on the market cultural property which was lost or which he knows had been unlawfully excavated or unlawfully imported pursuant to Section 32 (1) nos. 1 or 2; or

5. in violation of Section 40 (3) concludes a contract of obligation or a contract of disposal for cultural property exported through an act referred to in no. 1 or 2. (2) Anyone who exports cultural property in violation of Article 2 (1) of Council Regulation (EC) No. 116/2009 of 18 December 2008 on the export of cultural goods (codified version) (OJ L 39, 10.2.2009, p. 1) shall also be subject to punishment.

(3) Anyone who damages, destroys or alters cultural property in violation of Section 18 (1), also in conjunction with subsection 2, shall be liable to imprisonment not exceeding three years or a fine.

(4) The attempt shall be punishable.

(5) In the cases of subsection 1 no. 4,

1. anyone who is motivated by commercial interests; or

2. anyone who acts as a member of a gang which has come together for the purpose of committing such offences on a continuing basis

shall be liable to one to ten years of imprisonment.

(6) Anyone who acts negligently in the cases of subsection 1 no. 1 or subsection 2 in conducting commercial activities shall be liable to imprisonment not exceeding three years or a fine.

(7) In the cases of subsection 1 no. 1, the court may reduce or waive the imposition of the sentence pursuant to Section 49 (1) of the Criminal Code if the perpetrator immediately returns the cultural property to the federal territory.

 

Section 84

Provisions on administrative fines

(1) Anyone who engages in the following shall be deemed to have committed an administrative offence:

1. in violation of Section 15 (2) fails to report or does so incorrectly, incompletely or too late;

2. in violation of Section 42 (1), first sentence, no. 1 fails to establish the name or address of a person or fails to do so in good time ;

3. in violation of Section 42 (1), first sentence, no. 2 fails to provide a description or illustration or fails to do so in good time; or

4. in violation of Section 42 (1), first sentence, no. 7 fails to provide a declaration or fails to do so in good time. (2) Anyone who intentionally or negligently engages in the following shall be deemed to have committed an administrative offence:

1. in violation of Section 30, first sentence fails to carry a document required under that section when importing cultural property which he knows or should have known has been classified or defined as national cultural property by a member state or state party; or

2. in violation of Section 82 (3) fails to present cultural property or fails to do so in good time.

 (3) The administrative offence shall be punishable by a fine of up to thirty thousand euros in the cases of subsection 1 nos. 2 to 4, and by a fine of up to one hundred thousand euros in the other cases.

 

Section 85

Confiscation and extended forfeiture

(1) If a criminal offence pursuant to Section 83 or an administrative offence pursuant to Section 84 (1) or (2) has been committed, the following objects may be confiscated:

1. objects related to the criminal or administrative offence; or

2. objects generated by an offence or used or intended to be used to commit or prepare an offence.

Section 74a of the Criminal Code and Section 23 of the Act on Regulatory Offences shall apply.

(2) In the cases of Section 83 (5) no. 2 Section 73d of the Criminal Code shall apply.

 

Section 86

Special requirement for exploitation of cultural property

(1) Cultural property which pursuant to Section 85 is subject to confiscation or forfeiture may be exploited only with the approval of the competent authority.

(2) Approval may be refused. As a rule, it shall be refused for cultural property

1. which is subject to the export licence requirement pursuant to Section 24 and whose entry in a register of cultural property of national significance is pending;

2. which might be subject to a return claim pursuant to Chapter 5 and for which the limitation period has not yet expired or the claim has not yet ceased to have effect; or

3. whose placing on the market is prohibited pursuant to Section 40 or whose placing on the market is subject to increased due diligence requirements pursuant to Section 44. (3) Before exploiting cultural property of foreign countries, the Federal Foreign Office and the supreme federal authority responsible for culture and media shall be heard.

(4) Subsections 1 to 3 shall apply also in case of confiscation and forfeiture pursuant to other regulations.

(5) Exploitation of cultural property confiscated by the competent authority pursuant to this Act shall be possible only if the assessment of the requirements pursuant to subsection 2 has been concluded.

 

Section 87

Tasks and competences of the customs authorities

(1) In the case of criminal and administrative offences pursuant to Sections 83 and 84, the public prosecutor's office may also require the main customs offices or the Customs Investigation Offices to conduct investigations pursuant to Section 161 (1), first sentence, of the Code of Criminal Procedure [Strafprozessordnung] for offences covered by Section 83 (1) nos. 1, 2 or 3 in conjunction with Sections 4 and 6, and for offences covered by Section 83 (2) in conjunction with Section 4. In the cases of the first sentence, the competent administrative authority pursuant to Section 36 (1) no. 2 or Section 36 (2) of the Act on Regulatory Offences

 [Gesetz gegen Ordnungswidrigkeiten] may also require the main customs offices and the Customs Investigation Offices to conduct investigations.

(2) Section 21 (3) of the Foreign Trade and Payments Act [Außenwirtschaftsgesetz] of 6 June 2013 (Federal Law Gazette I, p. 1482), last amended by Article 297 of the ordinance of 31 August 2015 (Federal Law Gazette I, p. 1474), shall apply accordingly.

 

Section 88

Criminal and administrative fine proceedings

If criminal offences pursuant to Section 83 fall within the responsibility of a local court, local jurisdiction shall lie with the local court in whose district the regional court is located which has jurisdiction for this district. The Land government may enact an ordinance specifying a different local jurisdiction of the local court if deemed useful out of consideration for economic or transport circumstances, the administrative structure or other local necessities. The Land government may delegate this authority to the Land judicial administration.