An antique dealer from a Bilbao establishment has been sentenced by the Provincial Court of Bizkaia to two years in prison after he tried to sell a “historical heritage” funerary stele from a necropolis, which he acquired for 20 euros from another person. The seller claimed that he had found the medieval piece in an apartment during a move.
The sentence attributes to the antiquarian a reception crime, consisting of helping those responsible for a crime against property to take advantage of, acquire or hide the effects of the illegal act. The judicial decision considers it proven that the accused was the owner of an establishment in Bilbao for the purchase and sale of antiques and second-hand objects, although he lacked an activity license and failed to comply with the obligation to document the activities.
The judgment considers it proven that on October 19, 2019, an individual sold several objects to the defendant for 60 euros, including a discoidal funerary stele 25 centimeters long by 25 centimeters wide. When the defendant recognized “the originality and the important patrimonial and historical value of the piece” and although he was aware of its illegal origin, since the seller had not provided any documentation on its legal possession, he offered it for sale “in order to to obtain a patrimonial benefit”.
To do this, he exhibited it in his establishment and made use of his facebook page where he offered it for 800 euros, accompanied by the legend: “funeral stele made of carved stone on both sides and edge. Templar era, 12th century.”
The judicial resolution recalls that this was verified without informing the Provincial Council of Bizkaia of the acquisition of the piece and its intention to dispose of it. Examined by an expert the funerary stele, it was found that it is an “archaeological asset and, therefore, part of the Spanish historical heritage, which was an unequivocal part of a necropolis of which it is an inseparable part.”
In the case of provenance of deposits, it is considered that “it has values ​​to be conserved, in the case of a public domain asset that must be transferred to a reference center where the management that contemplates its identification, documentation, research, conservation and protection is applied”.
The Biscay Court recalls that the accused bought the funeral stele for about 20 euros, a “ridiculous” amount, which in jurisprudence is called a “vile price”, which demonstrates “rationally the knowledge of the illicit origin of the acquired property”. For this reason, it condemns him as the perpetrator responsible for a crime of reception to a sentence of two years and the payment of a fine of 2,160. In addition, the funeral stele has been confiscated to give it a legal destination.