The entry or exit of goods into the country is regulated by laws and bound by certain rules. The entry or exit of the goods, which are subject to customs duties, without the necessary customs procedures, is called the crime of smuggling. Smuggling crimes contradict the public interest and prevent the state from obtaining economic rights. The crime of smuggling is also called by different names in practice. In the crime of smuggling, which is generally known as the crime of customs smuggling, the determination of the standard of the goods in question is prevented and it often appears in the form of smuggling of historical artifacts.
The issue of historical artifacts and cultural assets, which are considered within the scope of smuggling of historical artifacts, is regulated in accordance with Article 23 of the relevant law. The issue of whether a work is a historical artifact or not is determined under the supervision of an expert. Experts prepare an expert report on the subject matter and the decision is made in line with this report. In this respect, the crime of smuggling of historical artifacts is a technical issue that requires the opinion of an expert lawyer who is in the field of Criminal Law and has gained experience with precedent cases.
Cultural and Natural Assets regulated and taken under protection by the Law No. 2863 on the Protection of Cultural and Natural Assets cannot be taken out of the country or brought into the country in violation of the procedures stated in the relevant law. If this rule is violated, then Cultural and Historical Artifact Smuggling Crime occurs. The penalty for smuggling of historical artifacts is regulated in the law numbered 2863.
It is a crime to sell a cultural and natural property in violation of the legal procedure and without notification. Buying, giving away or accepting the mentioned works is also considered as a crime of smuggling historical artifacts. The penalty for the related crime is imprisonment from two to five years, and the perpetrator of the crime is fined up to five thousand days. It is also a crime to trade cultural property and historical artifacts, and to trade the goods subject to permission without permission. Unauthorized trade offence; It is sanctioned with a prison sentence of six months to three years. In addition, the provisions of Article 135 of the Criminal Procedure Code can be applied for the crimes of taking historical artifacts out of the country and making excavations without permission.
The perpetrator of the crime of taking cultural and natural assets out of the country is punished with imprisonment from five to twelve years. legislator; It has set a much higher penalty for the removal of relevant items from the country. The penalty for this crime has been aggravated according to the penalty imposed on the domestic trade of the related goods. In this respect, it can be said that; The punishment to be given to the crime of smuggling historical artifacts is determined according to the nature of the criminal act. The largest smuggling of antiquities or minor smuggling of artifacts is considered and punished in accordance with the provisions of the law.
Antalya lawyer You can direct your questions to us about your lawsuits related to historical artifacts.
