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By Rochelle Steinhaus
Court TV
Though the hunt is on for those responsible for the Gardner heist, the two mysterious
men who pulled off the biggest art theft in history may have reason rest easy.
According to Massachusetts state law, as long as the pair do not possess the art
or were not responsible for masterminding it, they cannot be prosecuted for the
robbery. That's because the statute of limitations for robbery in that state lapsed
six years ago.
In one of the most unregulated industries in the world, legal issues regarding
art thefts remain some of the most complicated. And since art that is recovered
is often discovered in a different country from where it was stolen, discrepancies
in systems of law further complicate legal actions for victims to recover their
property.
Depending on where a work of art is discovered could have much to do with who
the law favors - the theft victim or the good-faith purchaser. U.S. laws generally
favor the victim, for example, because a thief cannot pass "good title"
to even an unsuspecting a purchaser. No laws exist requiring sellers of art
to verify whether a work has been stolen, however, though the major worldwide
auction houses like Sotheby's and Christie's make it their policy.
In an attempt to unify the laws, several international organizations have set
forth agreements which member nations have signed.
The following are some of the laws and international agreements regarding art
theft.
| Massachusetts Statutes |
| Limitations of criminal
prosecutions |
Read
Chapter 227, Section 63 |
Stipulates the statutes
of limitations on specific crimes. While murder, for example,
can be charged at any point after the crime was committed,
other crimes are limited to a set amount of time following
the incident in question. State prosecutors can not prosecute
for a robbery beyond six years, according to the law.
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| US Federal Statutes |
Theft of Major Artwork
Enacted: 1994
Statute of Limitations: 20 years
Penalty: 10 years
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Read
statute 18 USC 668 |
Spurred by the Gardner heist, the federal
statute was adopted in 1994 making it a more serious crime
to steal any work from a more than century old or worth
more than $5,000. The law, however, doesn't apply to the
Gardner heist since it wasn't adopted until three years
after the crime.
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| Stolen Cultural Property |
Read
statute 19 USC 2607 |
Makes importing stolen art into the United
States illegal
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| International Agreements |
The Hague Convention
Organization: UNESCO
Year: 1954
Location: Netherlands
Number of Countries: 85
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Read
the Hague Convention agreement |
The United
Nations Educational, Scientific and Cultural Organization
(UNESCO) called this May 15, 1954 convention, formally
called the "Convention for the Protection of Cultural
Property In the Event of Armed Conflict," to ratify
the first international agreement solely dedicated to
the protection of cultural property.
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1970 Convention
Organization: UNESCO
Location: Paris
Number of Countries: 95
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Read
Convention agreement |
This agreement
states countries where stolen art is discovered are bound
to return it to nation from where it was stolen. The convention
(on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property)
also agreed to implement laws regulating the importation
of art.
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Convention on Stolen
or Illegally Exported Cultural Objects
Organization: UNIDROIT
Location: Rome
Year 1995
Number of countries: 40
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Read
the Convention agreement |
This convention
of The International Institute for the Unification of
Private Law, better known as UNIDROIT, produced an agreement
stating anyone in possession of stolen art must return
it, no exceptions. It aims to force prospective purchasers
to take on the responsibility of investigating whether
an item is stolen before buying it.
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Convention on Stolen
or Illegally Exported Cultural Objects
Organization: European Union
Year 1993
Member Countries: 15
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Read
the resolution |
The objective,
according to the agreement is to "secure the return
of national treasures of artistic, historic or archaeological
value that have been unlawfully removed from the territory
of a Member State once controls have been abolished at
internal frontiers."
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