Doubts concerning the interpretation of the definitions of cultural asset, monument and work of art in the context of the application of the criminal provisions of the Act of 23 July 2003 on the protection and care of historical monuments

Abstract

The work focuses on the analysis of interpretation doubts related to the definitions of ‘cultural asset’, ‘monument’ and ‘work of art’ in the context of the application of the criminal provisions of the Act of 23 July 2003 on the protection and care of historical monuments. The aim of the law is to highlight the terminological ambiguities used in legal regulations aimed at protecting broadly understood works of art from being falsified and destroyed. Such ambiguities may constitute a significant obstacle to the process of application of such regulations and, consequently, to their effectiveness. In this sense, they affect legal practice, especially in the area of the protection of cultural heritage from crimes such as destruction, theft and illegal trade. Therefore, it is worth looking into the understanding of the concepts of ‘cultural property’, ‘monument’ and ‘work of art’ used in the legislation and their mutual relations - affecting in particular the legal qualification of the acts stipulated in the criminal provisions of the Act on the protection and care of historical monuments.