Illegal archaeological excavation crime in Jordanian law

Abstract

ABSTRACT This article examines the crime of archaeological excavation addressed in the article (26/a/1) of the Antiquities Law of (1988). Clarification of the pillars of such crime required the adoption of descriptive and analytical approach. It included reviewing relevant viewpoints of jurists and judicial jurisprudence. A Thorough analysis included the determination of material, moral elements of the crime and applied penalty. This crime acquires the description of a misdemeanor in crime classification system. Thus, illegal archaeological-excavation activity forms the material element of such misdemeanor. Moreover, illegal archaeological excavation must be carried out in an archaeological site. The moral element of this crime is represented by the general criminal intent. It means that the offender was aware that he is illegally excavating in an archaeological site. The Jordanian legislator required the existence of a special intention expressed in the offender’s aim to find antiquities or archaeological remains.