Престъпление ли е държането на археологически обекти, които не са идентифицирани и регистрирани?
Is it a crime holding of archaeological objects not identified or registered?

Summary/Abstract: The article analyzes the regulation of the holding of unidentified and unregistered archaeological objects which was incriminated in 2009. The provision of Art. 278, para. 6 of the Criminal Code stipulates that the corpus delicti of this crime is a formal one. The rule does not require that an additional criminal result is to be proved. Therefore, it is widely used in practice since the proof of the crime is supposed to be relatively easy. However, this rule reveals various legal issues facing its implementation which are subject to consideration in the article. It is a subject of discussion whether it is justifiable such acts to be treated as crimes in all cases without any regard to the circumstances affecting the level of their social danger. The author considers that this is justifiable only in special hypotheses and considering the way it is stipulated Art. 278, para. 6 of the Criminal Code should be repealed.

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