17th September 2010, 09:39 PM
trainedchimp Wrote:Fundamentally, I don't really care whether a grown adult submits himself to the tender mercies of the French justice system, and my french is rather flaky, but I fail to see how a french magistrate is going to show the same leniency over a technical offence to an English treasure hunter as to a French (quasi) governmental organisation that overlooked the need to obtain permission from a different (quasi) governmental body that also overlooked its need to approve those works, and on balance, later decided against following up.
I think that you'd need to talk to the lawyers involved to get a definite idea, and being lawyers, you're unlikely to get a better answer than that you'd be committing an offence that would be punishable, but that others, in different circumstances have got away with it. Your call, now please stop with the abuse and make your mind up.
The piece from the University of Nantes illustrates part of the problems with the DRASM having responsibility for Archaeolgy from the high water mark out to the limit of French territorial waters. They are too small to carry out their obligations, and are geographically lopsided. In reality they can hardly manage with areas permanently covered by water even with the aid of the DRAC. Two other government bodies are also involved, the Sous Prefecture which is a conduit to the DRAC, and the local communes, the Maires. Between high and low tides the Maires decide whether a person can detect on a beach, not necessarily the DRAC. The "Parisian beaches" of Northern France have restrictions which can prohibit detecting completely or restrict it to months outside the tourist season. Beaches which were used in the DD landing prohibit detecting for safety reasons.
One of the few definitive parts of the loi is, objects from antiquity must be reported within 48 hours of discovery to the Maire, and only moved if they are in danger from the sea.
So my original statement was
"My intention if I find it is to call in the press and show it in situ the reason, to highlight the fragmented and ill functioning Archaeological system in France. I doubt it very much if anyone on this forum would know what the legal situation would be with such a find. It would be very difficult to find some one in France that knows the law either. The DRAC are supposed to enforce the law what ever it is? but it is not their jurisdiction, confused?"
One of the few definitive parts of the loi is, objects from antiquity must be reported within 48 hours of discovery to the Maire, and only moved if they are in danger from the sea.
So my original statement was
"My intention if I find it is to call in the press and show it in situ the reason, to highlight the fragmented and ill functioning Archaeological system in France. I doubt it very much if anyone on this forum would know what the legal situation would be with such a find. It would be very difficult to find some one in France that knows the law either. The DRAC are supposed to enforce the law what ever it is? but it is not their jurisdiction, confused?"
Bier Keller, a reply ...........key strokes.