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Posted 10 July, 2013 by Stuart Torres in Heritage
 
 

Legal Protection of Cultural Heritage

Red List of Cultural Heritage in Danger

Compendium of laws on the official World Heritage Cultural

Decree No 26-97 Act Cultural Heritage Protection

Penalty system

Article 43.- Rape measures for protection of cultural property. The violation of the protective measures of cultural property set out in this Act, will incur the offender to a fine corresponding to twenty times the minimum monthly wage of business, subject to appropriate criminal action. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 44.- Predation of cultural. At that destroys, alter, deteriorare the inutilizare partially or totally, assets comprising the cultural heritage of the Nation, shall be punished with imprisonment of six to nine years, plus a fine equal to twice the price of the affected cultural. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 45.- Illegal export of cultural goods. Who illicitly export a good member of the National Cultural Heritage, shall be punished with imprisonment of six to fifteen years, plus a fine of twice the value of the cultural, which will be forfeited. The monetary value of the cultural, will be determined by the General Directorate of Cultural and Natural Heritage. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 46.- Research or illicit excavations. Who, without authorization from the Directorate General of Cultural and Natural Heritage to carry out research or archaeological excavation, the underwater land, shall be punished with imprisonment of six to nine years, plus a fine of twenty to forty times the minimum monthly wage of business. (Amended by Decree No. 81-98 Congress of the Republic of Guatemala).

Article 47.- Placing labels illicit. When responsible for placing any kind of commercial advertising, and cables, antennas and pipes on archaeological sites or monuments shall be punished by a fine of ten thousand quetzals, without prejudice to the obligation to eliminate what made. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 48.- Responsibility of officials in the cultural heritage. Public officials involved in crimes against cultural heritage, shall be liable to double the penalty prescribed for each offense. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 49.- Demolition unlawful. Whoever, without authorization from the Directorate General of Cultural and Natural Heritage demolished, partially or entirely a property of the cultural heritage of the nation, shall be liable to imprisonment of four to six years, plus a fine of one hundred thousand to five hundred thousand quetzals. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 54.- Theft, theft and trafficking of cultural goods. With regard to theft, theft and trafficking in property that constitute the nation's cultural heritage, shall be punished as established in the Criminal Code. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Article 55.- Modifications of Cultural Property. Person who engages in excavation, Removal or breakage of lands, landscape modification or alteration of archaeological monuments, historical, archaeological sites, sets the historical centers, without prior authorization from the Directorate General of Cultural and Natural Heritage, shall be liable to a penalty of six to nine years' imprisonment, plus a fine of one hundred thousand to one million quetzals. (Amended by Decree No. 81-98 the Congress of the Republic of Guatemala).

Penal Code

Article 332 "B" Theft and theft of archaeological artifacts. Term of imprisonment of two to ten years in the case of theft and imprisonment of four to fifteen years for robbery, when the appropriation recayere on:

  1. Products regular or clandestine archaeological excavations, archaeological discoveries;
  2. Ornaments the parts of the historical archaeological monuments; paintings, recorded, stelae or any object that is part of the historical monument or archaeological;
  3. Parts or objects of archaeological interest, although they are scattered or located in abandoned.

The penalty is increased by one third when committed by public officials or employees or persons by reason of their position or function, should have the custody of the objects protected by this article. "

Penal Code

Article 332 "C" Trafficking of national treasures.

It will impose imprisonment from six to fifteen years and a fine of 5000-10000 quetzals who commercializes, exports or in any way transfer ownership or possession of any of the goods mentioned in previous articles, without state authorization.

The same penalty shall be imposed on who'll buy or otherwise acquires or stolen cultural property stolen. If the acquisition is done because the penalty is reduced by half. "

Protected Areas Act

ARTICLE 81 BIS. ATTACK AGAINST YOU NATURAL AND CULTURAL HERITAGE OF THE NATION. Who without the license granted by competent authority, cortare, live or dead specimens recolectare, parts and derivatives of species of flora and fauna, and who transports, interchange, commercializes or exported antiquities or derivatives thereof, shall be punished with imprisonment from five to ten years and a fine of 10000-20000 quetzals. Shall be punished with the same punishment those who, having the corresponding authorization or abusaren extralimitaren the limits allowed in the same.

 

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Phone 22395200, Ext. 115 and 116
E-mail: traficoilicito@gmail.com

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Stuart Torres