The recent damage caused by a group of foreign tourists to the
Historic Sanctuary of Machu Picchu reminds us that the Peruvian legislation penalizes this act as a crime against cultural heritage and sets sanctions that may lead to actual imprisonment and the payment of a heavy fine.
The Peruvian Criminal Code, under the heading on crimes against cultural heritage, penalizes —in Article 266— the crimes committed against archaeological monuments.
"Anyone who alights, pillages or, without authorization, explores, excavates or removes pre-Hispanic archaeological monuments, no matter the sort of right in rem over the land where it is located, as long as the person knows the nature of the property's cultural heritage, shall be sentenced to not less than three nor more than six years of prison and 120 to 365 days of fine," the article reads.
As is known, Nahuel Gomez —a 28-year-old tourist from Argentina— was found guilty of illegally entering and damaging the
Inca citadel of Machu Picchu. Therefore, he was given a suspended prison of three years and four months.
The judicial sentence also included a payment of more than S/5,000 (more than US$1,500). Once the fine is paid, Gomez will be expelled from Peruvian territory.
Another crime penalized by the Criminal Code is the incitement of crimes against archaeological sites.
In accordance with Article 227, anyone who promotes, organizes, finances, or leads groups of persons to commit the crimes specified in Article 226, shall be sentenced to not less than three nor more than eight years of prison and 180 to 365 days of fine.
On the other hand, Article 228 on illegal extraction of cultural artifacts, states that anyone who destroys, modifies, extracts or commercializes pre-Hispanic cultural heritage of Peru, or fails to return them in accordance with the authorization granted, shall be restrained with imprisonment of not less than three nor more than eight years of prison and 180 to 365 days of fine.
The group included tourists from Argentina, Brazil, Chile, and France.
(END) LZD/MAO/RMB/MVB
Published: 1/22/2020