INFRACȚIUNILE CONTRA PATRIMONIULUI CULTURAL CA FUNDAMENT AL RĂSPUNDERII PENALE INTERNAȚIONALE

This article analyses the problem of international criminal liability for offences against cultural heritage. The author has considered three offences against cultural values: smuggling of cultural values, destruction of cultural goods and theft of cultural goods. The investigation of the offences against cultural values includes a number of aspects: the nature of the offences against cultural values; the advantages of the international or national character of the liability for the offences against cultural values; the circumstances of committing offences against cultural assets (for example the existence of an armed conflict); the objectives of committing offences against cultural values (their export as a treasure, the destruction of the cultural heritage; intimidation); the possible effects of the offences against cultural values. Based on these aspects, the author identifies a series of categories of offences against cultural assets. Each of these categories is analysed from the point of view of international liability.