Criminal offences and penalties
Since 1941 and 1966 in Martinique, the law gives the State the power to decide and authorize the execution of archaeological operations (Prefecture of Martinique, Cultural Affairs Directorate, Regional Archaeology Service). The Heritage Code contains a number of criminal provisions to punish non-compliance with its provisions.
Archaeological excavations on land and under water
Offences | Reference texts | Criminal sanctions | Natinf code |
Clandestine searches | Wealth Code – Book V – Title 3 Chapter 1 - Section 1 Article L. 531-1 No one may carry out excavations or surveys on land belonging to him or to others for the purpose of researching monuments or objects which may be of interest to prehistory, history, art or archaeology, without first obtaining permission. The request for authorization must be sent to the administrative authority; it indicates the exact location, the general scope and the approximate duration of the work to be undertaken. Within the time limit laid down by regulation following such request and after consulting the competent scientific advisory body, the administrative authority shall, where appropriate, grant the authorization to search. She fixes at the same time the requirements according to which the research must be carried out. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-1 A fine of EUR 7,500 is imposed on any person who carries out excavations or surveys on land belonging to him or to others for the purpose of researching monuments or objects of interest to prehistory, history, art or archaeology: a) Without obtaining the authorization provided for in Articles L. 531-1 or L. 531-15; b) Without complying with the requirements of this authorisation; (c) Despite the withdrawal of a search authorization under the provisions of section L. 531-6. | 1400 10307 10308 10309 |
Searches not in accordance with the requirements of the search authorization | Wealth Code – Book V – Title 3 Chapter 1 - Section 1 Article L. 531-1 No one may carry out excavations or surveys on land belonging to him or to others for the purpose of researching monuments or objects which may be of interest to prehistory, history, art or archaeology, without first obtaining permission. The request for authorization must be sent to the administrative authority; it indicates the exact location, the general scope and the approximate duration of the work to be undertaken. Within the time limit laid down by regulation following such request and after consulting the competent scientific advisory body, the administrative authority shall, where appropriate, grant the authorization to search. At the same time, it lays down the rules governing the conduct of research. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-1 A fine of €7,500 is imposed on any person who carries out excavations or surveys on land belonging to that person or belonging to another person for the purpose of researching monuments or objects that may be of interest to prehistory, history, art or archaeology: a) Without obtaining the authorization provided for in Articles L. 531-1 or L. 531-15; b) Without complying with the requirements of this authorisation; (c) Despite the withdrawal of a search authorization under the provisions of section L. 531-6. | 1404 |
Continued search after removal from operation | Wealth Code – Book V – Title 3 Chapter 1 - Section 1 Article L. 531-6 The administrative authority competent to issue the authorization may, by order given on the assent of the competent scientific advisory body, declare that the authorization for excavations previously granted has been withdrawn: a) If the requirements imposed for carrying out the research or for preserving the discoveries made are not observed; b) If, because of the importance of these discoveries, the administrative authority considers it necessary to carry out the excavations or acquire the land itself. From the day on which the administration notifies its intention to withdraw the authorisation, the searches must be suspended. They may be taken over under the conditions laid down by the authorization order if the administrative authority competent to issue the authorisation has not been withdrawn within six months of the notification. During this period, the sites where the excavations were carried out are considered as historical monuments and all the effects of the classification are applicable. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-1 A fine of €7,500 is imposed on any person who carries out excavations or surveys on land belonging to that person or belonging to another person for the purpose of researching monuments or objects that may be of interest to prehistory, history, art or archaeology: a) Without obtaining the authorization provided for in Articles L. 531-1 or L. 531-15; b) Without complying with the requirements of this authorisation; (c) Despite the withdrawal of a search authorization under the provisions of section L. 531-6. | 1401 |
Continuation of a search after incidental discovery | Wealth Code – Book V – Title 3 Chapter 1 – Section 3 Article L. 531-15 If the continuation of the research is of public interest from the point of view of prehistory, history, art or archaeology, excavations may be continued only by the State or after authorization by the State, under the conditions laid down in this Chapter. Provisionally, the administrative authority may order the search to be suspended for a period of six months from the date of notification. During this time, the lands where the discoveries were made are considered classified and all effects of the classification are applicable to them. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-1 A fine of €7,500 is imposed on any person who carries out excavations or surveys on land belonging to that person or belonging to another person for the purpose of researching monuments or objects that may be of interest to prehistory, history, art or archaeology: a) Without obtaining the authorization provided for in Articles L. 531-1 or L. 531-15; b) Without complying with the requirements of this authorisation; (c) Despite the withdrawal of a search authorization under the provisions of section L. 531-6. | 1402 |
Authorized searches not performed by the holder | Wealth Code – Book V – Title 3 Chapter 1 - Section 1 Article L. 531-3 The excavations must be carried out by the person who requested and obtained authorization to undertake them and under his responsibility. They shall be carried out in accordance with the requirements imposed by the authorisation decision referred to in Article L. 531-1 and under the supervision of a representative of the administrative authority. Any discovery of real estate or furniture must be kept and immediately reported to this representative. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L.544-2 A fine of 7,500 Euros is imposed if, for anyone who has applied for and obtained permission to carry out excavations or surveys, they do not carry them out themselves in violation of Article L. 531-3 or to breach the obligation of declaration and retention provided for in that Article. | 1403 |
Failure to comply with the obligation to report and keep real estate and movable property discoveries made during authorized searches | Wealth Code – Book V – Title 3 Chapter 1 - Section 1 Article L. 531-3 The excavations must be carried out by the person who requested and obtained authorization to undertake them and under his responsibility. They shall be carried out in accordance with the requirements imposed by the authorisation decision referred to in Article L. 531-1 and under the supervision of a representative of the administrative authority. Any discovery of real estate or furniture must be kept and immediately reported to this representative. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-2 A fine of 7,500 Euros is imposed if, for anyone who has applied for and obtained permission to carry out excavations or surveys, they do not carry them out themselves in violation of Article L. 531-3 or to breach the obligation of declaration and retention provided for in that Article. | 1405 10300 |
Failure to report incidental findings | Wealth Code – Book V – Title 3 Chapter 1 - Section 3 Article L.531-14 When, as a result of work or some other fact, monuments, ruins, substructions, mosaics, elements of ancient channelling, remains of ancient habitation or burial, inscriptions or generally objects of prehistoric interest, history, art, archaeology or numismatics are brought to light, the inventor of these remains or objects and the owner of the building where they were discovered are obliged to make the immediate declaration to the mayor of the municipality, who must transmit it without delay to the prefect. The latter shall notify the competent administrative authority for archaeology. If lost and found items have been placed in a third party’s home, the third party must make the same declaration. The owner of the building is responsible for the provisional conservation of the monuments, substructures or vestiges of real estate character discovered on its lands. The depositary of the objects assumes the same responsibility for them. The administrative authority may show the places where the discoveries were made and the premises where the objects were deposited and prescribe all measures necessary for their conservation. | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-3 Any person who breaches the reporting obligation provided for in Article L. 531-14 or makes a false declaration is liable to a fine of 3,750 euros. | 1406 10301 10304 10305 10306 |
Disposal or acquisition of an object from a clandestine search | Wealth Code – Book V – Title 3 Chapter 1 Articles L. 531-1, L. 531-3, L. 531-6, L. 531-14 and L. 531-15 (already cited) | Wealth Code – Book V – Title 4 Chapter 4 – Section 4 Article L. 544-4 Any person who disposes of or acquires any object discovered in violation of articles L. 531-1, L. 531-6 and L. 531-15 or concealed in violation of articles L. 531-3 and L. 531-14 is liable to imprisonment for two years and a fine of 4,500 euros. The amount of the fine may be increased to twice the price of the sale of the property. The court may also order the publication of its decision under the conditions laid down in Article 131-35 of the Penal Code. | 7579 7589 7787 7788 10302 10303 10310 10311 10312 10313 10314 10315 |
Metal detectors
Offences | Reference texts | Criminal sanctions | Natinf code |
Use of metal detectors | Wealth Code – Book V – Title 4 Chapter 2 Article L. 542-1 No one may use equipment enabling the detection of metallic objects, for the purpose of researching monuments and objects which may be of interest to prehistory, history, art or archaeology, without first having, obtained an administrative authorization issued on the basis of the applicant’s qualification and the nature and manner of the search. | Wealth Code – Book V – Title 4 Chapter 4 Article R. 544-3 A person who uses, for the purpose of research referred to in section L. 542-1, equipment that permits the detection of metallic objects without obtaining the authorization provided for in section R. 542-1 or without having complied with the requirements of this authorization shall be punished by the fine applicable to 5th class contraventions. N.B. In its wording prior to 27 May 2011, this article, then no. 2 of Decree no. 91-787 of 19 August 1991, was completed by: The material used to commit the offence may be confiscated. Nevertheless, according to art. 131-14 of the Penal Code: For all contraventions of the 5th class, one or more of the following privative or restrictive sentences of rights may be pronounced: 6. Forfeiture of the thing that was used or intended to commit the offence or of the thing that is the proceeds thereof. | 13251 13252 |
Advertising and notices relating to metal detectors | Wealth Code – Book V – Title 4 Chapter 2 Article L. 542-2 Any advertising or instructions for use concerning metal detectors must include a reminder of the prohibition mentioned in article L. 542-1, the criminal penalties incurred and the reasons for this regulation. | Wealth Code – Book V – Title 4 Chapter 4 Article R. 544-4 Every person who makes or causes to be made an advertisement or writes or must write a user manual relating to equipment allowing the detection of metallic objects in contravention of the provisions of article L. 542-2 shall be punished by the fine applicable to 5th class contraventions. N.B. According to Article 131-13 of the Penal Code, the amount of the fine of the 5th class is at most 1500 euros, which can be increased to 3000 euros in case of recurrence. | 13253 13254 |
Destruction, degradation, deterioration of movable and archaeological remains
Offences | Reference texts | Criminal sanctions | Natinf code |
Destruction of archaeological sites and remains | Penal Code Article 322-3-1 Destruction, degradation or deterioration is punishable by seven years' imprisonment and a €100,000 fine when it concerns: 1) An immovable or movable object classified or registered in accordance with the provisions of the heritage code or a private archival document classified in accordance with the provisions of the same code; 2. An archaeological discovery made during excavations or incidentally, land on which archaeological operations are carried out or a building used for worship; 3. A cultural property that is in the movable public domain or that is exhibited, preserved or deposited, even temporarily, in a French museum, library, media library or archives, either in a place dependent on a public person or a private person performing a mission of interest General, in a church building. The penalties shall be increased to ten years' imprisonment and a fine of €150,000 where the offence provided for in this Article is committed in accordance with the circumstances provided for in Article 322-3. The fines referred to in this Article may be up to half the value of the property destroyed, deteriorated or deteriorated. N.B. In its wording prior to 15 July 2008, this article (then no. 322-2) listed, among the destructions, the following: 3º A building or a listed or registered movable object, an archaeological discovery made during excavations or incidentally, a land containing archaeological remains or an object preserved or deposited in a museum of France or in museums, libraries or archives belonging to a public person, responsible for a public service or recognised as being of public utility; | 11553 25720 27204 11554 27505 | |
Theft of archaeological furniture | Penal Code Article 311-1 Theft is the fraudulent subtraction of the thing of others. Article 311-2 The fraudulent subtraction of energy from the harm of others is assimilated to theft. | Penal Code Article 311-4-2 Theft is punishable by seven years in prison and a €100,000 fine for: 1) A movable object classified or registered under provisions of the heritage code or a private archival document classified in accordance with the provisions of the same code; 2. An archaeological discovery made during excavations or incidentally; 3. A cultural property that is in the movable public domain or that is exhibited, preserved or deposited, even temporarily, in a French museum, library, media library or archives, either in a place dependent on a public person or a private person performing a mission of general interest, or in a building assigned to worship. The penalties shall be increased to ten years' imprisonment and a €150,000 fine where the offence provided for in this Article is committed in one of the circumstances provided for in Article 311-4. The fines referred to in this Article may be up to half the value of the stolen property. | 27 480 28183 27479 27481 28184 |
Possessions of war machines
Offences | Reference texts | Criminal sanctions | Natinf code |
Possession, Carriage and Transport of 1st Class Weapons | Defence Code - Title III - Chapter VIII Article L2338-1 The carrying of weapons of the 1st, 4th and 6th categories or components of weapons of the 1st and 4th categories or corresponding ammunition is prohibited as well as their transport without legitimate reason. Decree No. 95-589 of 6 May 1995 on the application of the Decree of 18 April 1939 establishing the regime of war materials, weapons and ammunition Article 57 2) Are prohibited, except in the cases provided for in articles 58-1 and 58-2; - the carrying of 1st and 4th category weapons and ammunition, 7th and 8th category handguns, 6th category weapons listed in Article 2 and, without lawful cause, the carrying of other 6th category weapons; - the carriage without lawful cause of 1st and 4th category weapons and ammunition, 6th category weapons and 7th category handguns. | Defence Code Article L. 2339-5 An acquisition, transfer or detention shall be punishable by three years' imprisonment and a fine of EUR 3,750 without the authorization provided for in Article L. 2332-1, one or more 1st or 4th category weapons or their ammunition in violation of the provisions of articles L. 2336-1, L. 2337-3 or L. 2337-4. The sentence of imprisonment shall be increased to five years and the ban on residence may be imposed in accordance with the provisions of Article 131-31 of the Penal Code, if the offender has previously been sentenced to imprisonment or to a more serious sentence for a crime or offence. The sentences are increased to ten years in prison and a €500,000 fine when the offence is committed in an organized gang. The court shall also order the confiscation of weapons or ammunition. Article L. 2339-9 I.-Any person, outside his domicile and except for the exceptions resulting from the provisions of Articles L. 2338-1 and L. 2338-2, is found to be carrying or carrying without lawful cause the carriage of one or more first-class weapons, 4th or 6th Category, or components of these 1st and 4th Category Weapons or corresponding ammunition, even if it is regularly held, shall be punished: 1) In the case of a weapon of the 1st or 4th category or elements constituting those weapons or corresponding ammunition, imprisonment for five years and a fine of 3750 euros; | 87 89 575 2054 2055 |
Unauthorized intrusion into an archaeological site
Offences | Reference texts | Criminal sanctions | Natinf code |
Unauthorized intrusion on an archaeological site | Penal Code Article R. 645-13 Entering or remaining in a listed or registered building in accordance with the provisions of Articles L. 621-1 and L. 621-25 of the French Heritage Code, a museum of France, a library or media library open to the public, an archives service, or their dependencies, belonging to a public person or a private person carrying out a mission of general interest, whose access is apparently prohibited or regulated, without being authorized to do so by law or regulation or having been authorized to do so by the competent authorities or the owner is punished by the fine provided for the contraventions of the 5th class. The same penalties shall be imposed for entering or maintaining under the same conditions on land on which archaeological operations are carried out. | Decree no. 2008-1412 of 19 December 2008 instituting the offence of trespassing at historic or cultural sites Penal Code Article R. 645-13 Entry or retention . . . is punishable by the fine for 5th class contraventions. Persons guilty of a contravention of this section shall also be liable to the following additional penalties: 1) The confiscation of the thing used to commit the offence in accordance with Article 131-21; 2. Work of general interest for a period of twenty to one hundred and twenty hours. A repeat offence under this section is punished in accordance with section 132-11.". Article 132-11 Where required by regulation, where a person Physical, already definitively convicted for a contravention of the 5th class, commits, within the period of one year from the expiry or the prescription of the previous penalty, the same contravention, the maximum penalty incurred is increased to 3000 euros. In cases where the law provides that the recidivism of a fifth-class contravention constitutes an offence, the recidivism is constituted if the acts are committed within three years of the expiry or limitation of the previous sentence. | 27183 27184 |
Movement of cultural goods
Offences | Reference texts | Criminal sanctions | Natinf code |
Illegal export of cultural property or national treasure Customs Code Article 38, Article 215 b Article 263 | Wealth Code – Book I – Title 1 Chapter 1 Article L. 111-1 Property belonging to the public collections and collections of museums in France, property classified under the provisions relating to historical monuments and archives, as well as other properties of major interest to the national heritage in terms of history, art or archaeology are considered national treasures. Article L. 111-2 The temporary or permanent export from the customs territory of cultural goods, other than national treasures, which are of historical, artistic or archaeological interest and fall within one of the categories defined by decree of the Council of State is subject to obtaining a certificate issued by the administrative authority. This certificate certifies on a permanent basis that the property is not a national treasure. However, for goods whose seniority does not exceed 100 years, the certificate shall be issued for a renewable period of 20 years. The export of cultural goods that have been imported to temporary title in the customs territory shall not be subject to the issue of the certificate provided for in the first sub paragraph. By way of derogation and subject to the compulsory return of cultural goods to the customs territory, the certificate may not be applied for where the temporary export of cultural goods is for the purpose of restoration, appraisal or participation in an exhibition. In this case, temporary export shall be subject to the issue by the administrative authority of a temporary exit permit issued in conditions provided for in Article L. 111-7. Article L. 111-3 On leaving the customs territory of a cultural property mentioned in Article L. 111-2, the certificate or authorization of temporary exit must be presented to any requisition of customs officers. Article L. 622-18 The export from France of objects classified as historical monuments is prohibited, without prejudice to the provisions on temporary export provided for in Article L. 111-7. | Decree 93-124 of 29 January 1993 on cultural property subject to certain restrictions on movement Wealth Code – Book I – Title 1 Chapter 4 Article L. 114-1 Punishable by two years' imprisonment and a fine for any person, exporting or attempting to export: a) Definitively, a cultural property mentioned in Article L. 111-1; b) Temporarily, a cultural property mentioned in Article L. 111-1 without having obtained the authorization provided for in Article L. 111-7 or without complying with the conditions laid down therein; c) Definitively, a cultural property mentioned in article L. 111-2 without having obtained the certificate provided for in the same article; (d) Temporarily, a cultural property mentioned in section L. 111-2 without having obtained either the certificate or the temporary exit authorization provided for in the same section. Customs Code Article 414 Are liable to imprisonment of three years, confiscation of the object of fraud, confiscation of means of transport, confiscation of objects used to mask the fraud, the forfeiture of property and assets that are the direct or indirect proceeds of the offence and a fine between one and two times the value of the fraud, any act of smuggling and any act of import or export without declaration where offences relate to goods of the prohibited or highly taxed category within the meaning of this Code. | 22 769 22770 5715 5734 5739 5959 596 6751 9469 9877 988 23944 2394 23946 23947 23948 23949 80043 |
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