Metodologia de investigare a infracțiunilor privind opere de artă
Methodology for investigating crimes related to works of art

Summary/Abstract: The national cultural heritage plays an essential role in preserving the national identity and regional specificity, as well as in defining the democratic principles in a Europe of cultural, ethnic and religious diversity. Art goods are one of the greatest temptations in committing crimes. Preparing the complete evidence requires multidisciplinary involvement. In Romania, Law 182/2000 on the protection of the mobile national cultural heritage establishes the legal regime on the mobile national cultural heritage and regulates the specific activities to protect them. Of the crimes against cultural heritage most frequently encountered are the theft of works of art, smuggling and counterfeiting. These included homes (private collections), places of worship; museums and archaeological sites. The paper presents the methodology for the realization of a judicial expertise in case of art objects in a criminal or civil case. The legal and scientific aspects are presented. The expert plays an essential role in authenticating an art object. When asked by the judge for judicial expertise, the art expert must answer specific questions about the subject’s belonging, the nature of the composite materials and the way in which it is put into operation. To accomplish this, the object is analyzed by using specific techniques, corresponding to the nature of the incriminated object. A case study on the offense of forgery is presented.

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