Search results

The purpose of this paper is to explore critically various sources of data available on heritage crime, and consider how these may be utilised and improved.

This study is primarily a scoping review of the current heritage crime data climate, embedding examples from a range of existing and potential information sources. It highlights opportunities to improve data resources.

A lack of consistency in reporting and recording practices means there is little meaningful evidence about heritage crime trends and patterns. This needs to change in order to develop and evaluate appropriate strategies to reduce the problem of heritage crime nationally and internationally.

It is hoped that urging improvement of data resources in the heritage crime sector will inspire a greater number of researchers to analyse and address key problems within heritage crime.

This paper encourages the development of new and improved data collection methods to foster effective assessment of existing heritage crime reduction schemes and better support victims of heritage crime.

Increasing availability and accessibility of high-quality data on heritage crime would allow for developing better protections and resource allocation for vulnerable heritage.

This paper has drawn together, for the first time, evidence of the existing state of affairs of data availability within heritage crime. It is a position paper which encourages the development of improved recording and reporting practices both formally and informally across heritage and criminal justice sectors in order to support further research and understanding of the heritage crime problem.

The purpose of this paper is to introduce the South African Heritage Resources Information System (SAHRIS), developed by the South African Heritage Resources Agency (SAHRA) in 2011. The paper aims to describe how SAHRIS facilitates online applications for heritage approval and/or permits for developments and research, fulfils SAHRA’s mandate as a repository for a national inventory of heritage sites and objects in the country, and serves as an integrated, responsive tool for reporting heritage crimes and tracking the progress of the resultant cases. The paper also aims to explain, simply, the application processes for each of these functions.

The paper provides an explanation of the design and functions of the system and outlines how each of the content types and applications are created.

The system has improved the process of South African heritage resources management by decreasing the turnaround time for submissions to heritage authorities, raised the standards of good governance and increased public compliance with the heritage legislation.

Poor uptake of the system by provincial heritage authorities has limited the impact of the system on heritage management as practiced in South Africa.

The system, when used effectively provides an efficient service to the public, while promoting good governance, transparency, public access to information and improved compliance with the heritage legislation.

Through the creation of a single, unified platform for heritage management processes, geo-referencing of heritage sites and development areas, the provision of a national fossil sensitivity map, and the national heritage inventory, SAHRIS represents a world first in terms of proactive, integrated heritage management tools.

This paper aims to explore how stolen Indian antiquities were purchased by a major Australian collecting institution, despite cultural protection policies designed to prevent such inappropriate acquisitions. Using the acquisition of the Dancing Shiva as a case study, the purpose of this paper is to examine how collecting institutions such as the National Gallery of Australia experience difficulty when determining legal title through provenance research. The impact of incautious provenance research produces significant risk to the institution including damaging its social responsibility credentials and reputation when the acquisition is discovered to be stolen.

This research applies a qualitative case study method and analysis of sourced official policy documents, personal communication with actors involved with the case, media reports and published institutional statements.

This work identifies four contributing factors that resulted in the National Gallery of Australia’s acquisition of stolen Indian artefacts: a misguided level of trust of the art dealer based on his professional reputation; a problematic motivation to expand the gallery’s Asian art collection; a less transparent and judicious acquisition process; and a collaboration deficiency with cultural institutions in India. Crime preventative methods would appear to be a strategic priority to counter art crime of this nature.

Additional research into how collecting institutions can be effectively supported to develop and implement crime preventative methods, especially less-resourced institutions, can potentially further enhance cultural heritage protection.

Fostering a higher degree of transparency and institutional collaboration can enhance cultural heritage protection, develop a greater level of institutional ethics and social responsibility and identify any potential criminal activity. Changing the culture of “owning” to “loaning” may provide a long-term solution for cultural heritage protection, rather than incentivising a black market with lucrative sums of money paid for artefacts.

Art crime involving the illegal trade of antiquities is often misinterpreted as a victimless crime with no real harm to individuals. The loss of a temple deity statue produces significant spiritual anguish for the Indian community, as the statue is representative not only of their God but also of place. Collecting institutions have a social responsibility to prioritise robust provenance policy and acquisition practices above collection priorities.

Art crime is a relatively new area within criminology. This work examines issues involving major collecting institutions acquiring stolen cultural heritage artefacts and the impact art crime has on institutions and communities. This paper unpacks how motivations for growing more prestigious collections can override cultural sensibilities and ethical frameworks established to protect cultural heritage. It highlights the liabilities associated with purchasing antiquities without significant due diligence regarding provenance research and safeguarding cultural heritage. It also emphasises the importance for collecting institutions to establish robust acquisition policies to protect the reputation of the institutions and the communities they represent.

The purpose of this paper is to examine the criteria of the provision on the corporation as the subject of crimes regulated in criminal legislation outside Indonesian Penal Code (KUHP) in the past five years. The criteria will be used to explore the construction of corporate criminal responsibility.

The method of the research is normative-legal study using the library research. The method of the examination is a qualitative-description. The data used are secondary data, including legislations, books, journals and other materials.

It is found that in the past five years, there are 25 criminal legislations outside KUHP which have the provision on corporation as the subject of crimes. In those 25 legislations, only four legislations which have the criteria of corporate criminal responsibility. In those legislation, it can be concluded that the construction of corporate criminal responsibility is based on identification and aggregation theory.

This research is novel in Indonesia. This research examines the specific articles of several legislations to deeply describe the corporate criminal responsibility.

Cities have long been of interest to international development as well as to criminology. Historically, criminology as a social science emerged as a response to urbanisation and the new opportunities created by cities for criminal activity and victimisation. Thus, Sustainable Development Goal 11 (SDG 11), which ‘aims to make cities and human settlements inclusive, safe, resilient and sustainable’, is ripe for criminological input and analysis. SDG 11 tackles housing and basic services, transport systems, urban planning, cultural and natural heritage, disaster prevention, environmental impact, and safe, inclusive, and accessible green and public spaces. There has been ample criminological research on crime and victimisation in various types of human settlements, on transport systems, on the looting and trafficking of cultural heritage, on crimes associated with natural disasters and on the importance of public leisure areas for crime prevention. Yet many of the above goals, as well as the recommendations emerging from these bodies of research, conflict with each other, and must be problematised in their aim to be inclusive of all. Women and children, the elderly and persons with disabilities are usually the reference groups for inclusion, but globally, there are many other groups, including racial and ethnic minorities, indigenous communities, and LGBTQI individuals that are commonly excluded. The chapter will analyse SDG 11 against the evidence base of urban criminology as well as the challenges for inclusion, given diversity both within-country as well as globally.

In this chapter, we first argue for a green criminological perspective on culture as well as nature, as those concepts are framed in the United Nations Sustainable Development Goals. Second, from within this green criminological perspective we discern a neocolonial hegemony in the resource extraction from developing countries that is represented by international trafficking markets in looted cultural heritage and poached wildlife. In other words, developed nations benefit from these trades while developing nations suffer, and governance regimes attempting to control these global criminal trades prioritise the rational interests and cultural norms of the more powerful market nations over the local interests and cultural histories of communities at the source of the chain of supply. Finally, our third argument is that the emerging intellectual framework of sustainable development, as represented in the UN's goals, may provide a perspective on the issue of trafficking culture and nature that can push back against the neocolonial hegemony of international criminal markets such as these.

Offered here is a brief introduction to art and cultural heritage loss. The focus is on ‘crime’ so that ‘loss’ in fact means someone's gain. Nevertheless as is common in characterising international enterpreneurial activity, there may be little common ground on definitions of art and of crime, or willingness to be signatory to existing international treaties. Consider, for example, the failure of Japan and Western European nations, as archaeological treasure consuming—displaying nations to sign the UNESCO Convention intended to protect cultural heritages. Currently American readers learn that Turkey is acting under US civil law to recover its treasures from US collections. One, the Lydian Hoard, has just been returned by the NY Metropolitan Museum. But many legal battles lie ahead for Turkey, and, the list here is but illustrative, for Greece, Czechoslovakia, Russia, Hungary, Germany, the USA and UK, as nations fight over what came from where and belongs to whom. Also contested, what is the public versus private interest to be protected?

The special purpose of this research was to identify the current features of illicit trade of cultural properties in Hungary and the procedures dealing with it. These offences pose a significant risk of damage to cultural property and have a strong link with organised crime. This relationship underlines the need for a criminal law approach worldwide in the field of the protection of cultural goods.

To explore the current situation in Hungary, an empirical research was conducted in 2018 with questionnaires designed to obtain data from the criminal records. To examine the phenomenon of “illicit trafficking”, the following types of crimes against cultural goods were selected: theft, dealing in stolen goods, robbery, budget fraud and criminal offences with protected cultural goods.

As a summary, it has to be stated that even though the number of the criminal procedure of these crimes in Hungary is low, it cannot be concluded that illicit trafficking of cultural goods in Hungary occurs only rarely. A specific characteristic of the phenomenon is high latency. To examine this phenomenon, the author has drawn up a list of indicators.

The aim of this project is to provide background information and materials for training programs. It is necessary to develop a more comprehensive understanding of the problem. The role of the experts is outstanding in these cases; the clear definition of their tasks and competence is very important. Information to all “actors of this scene” (from the collector to the art dealers) can contribute to the prevention too.

This study presents the characteristics of the criminal procedures and the difficulties of both the detection and the evidentiary process to provide educational material for training. The author would like to raise awareness about the problem and draw attention to the need for unified legal practice.