UN CONCEPTO JURÍDICO PROPIO PARA LA ARQUEOLOGÍA

Abstract

The importance, from the dogmatic and legislative point of view, and at both national and international levels, now being paid to the protection of archaeology and the struggle against the illegal trafficking of cultural goods, is particularly intense in a country such as Spain. For some years, since the coming into force of the Penal Code in 1995, a multidisciplinary debate has taken place in which new concepts necessary for the jurist to establish uniform criteria have appeared for the fight against these crimes to be more effective and certain. The ability of archaeological findings to generate an integral protection constitutes, according to the 1978 Spanish Constitution, one of the guiding principles of our coexistence and gives them an adequate capacity to modify, if necessary, land management or even large communication pathways. We can speak of a new legal concept of Archaeology.