Victims of Heritage Crimes: Aspects of Legal and Socio-Economic Justice

Abstract

Abstract The aim of this research is to show how different groups of stakeholders are suffering as a result of heritage crime. Research primarily addresses Latvian situation (with international comparisons) in relation to archaeological sites as the most vulnerable, however, the findings can be applicable to other heritage objects and broader territory as well. Most of these stakeholders are currently limited in, if not denied, access to justice and rights for an effective remedy within the traditional criminal law system. Insufficient level of social awareness of socio-economic benefits and rights stemming from integrity, development, and use of archaeological sites together with existing legal constraints results in poor self-recognition by individuals and groups as victims of heritage crime. While suffered parties abstain from protecting their rights, there is lack of information and proactive action from public authorities including law enforcement. Current research analyses the nature and scope of immediate harm resulted from the damage of archaeological sites and the extended consequences of the heritage crime for the different stakeholders’ groups. It points at the inefficiency of standard retributive approach and evaluates benefits of restorative justice elements in reaching justice for heritage crime victims. The results could be used for better recognition of benefits, and therefore rights, stemming from intact archaeological sites, amending legal regulation, providing access to justice for suffered individual and collective parties, allowing recognition of mass victimisation and facilitating prevention of heritage crime.