Glosa do orzeczenia Sądu Rejonowego w Tomaszowie Lubelskim z dnia 2 lutego 2016 roku (sygn. akt II K 662/14, niepubl.)

This commentary presents an analysis of the court’s holding concerning the highly popular phenomenon of metal detecting, in the context of historical/cultural artifacts. According to the applicable law, searching for historical artifacts can only take place after obtaining the consent of the voivodeship monuments’ conservator; however, this duty is not respected in the majority of cases. Moreover, such searches often lead to the destruction of archaeological sites and illegal excavation of movable artefacts. The District Court in Tomaszów Mazowiecki pointed out that searching for historical/cultural artifacts using a metal detector shows all the features of a criminal offense regulated in Art. 108, the Act on the Protection of Monuments and the Guardianship of Monuments. This offense is typified as damaging or destroying a monument.