Cultural Property Trafficking in Spain: Organized or Opportunistic Crime?

• In Event: Trafficking in Organized Crime

Abstract

The aim of this study is to examine whether trafficking in cultural property (TCP) in Spain can be considered a form of organized crime or whether it fits better into other forms of criminality. While cultural property trafficking is often described as a serious criminal phenomenon linked to organized networks, empirical research on case law remains scarce. Thus, to strengthen the empirical understanding of this phenomenon, this study analyzes all available judgments (N=26) from Spanish provincial courts between 2014 and 2024, retrieved from the Spanish Judicial Documentation Centre's public case-law database (CENDOJ). Using a quantitative approach, the research examines the number of cases prosecuted, their legal characteristics, the specific offenses involved, the demographic profiles of offenders, and the criminal dynamics of TCP in Spain. The findings indicate that TCP in Spain is largely disorganized, involving small, locally based actors rather than structured criminal groups. These results challenge the widespread assumption that trafficking in cultural property is inherently linked to organized crime, showing a profile closer to opportunistic criminality. This highlights the need for a more nuanced understanding of TCP prosecution and regulation.

Authors

• Patricia Faraldo Cabana, Universidade da Coruña

• María-Ángeles Fuentes-Loureiro, University of A Coruña