Esportazione e importazione illecite di beni culturali dopo la riforma del 2022, tra luci e ombre

The first part of the paper offers a criminological overview of the complex phenomenon of cultural property trafficking, followed by a brief discussion of the main international and EU legislation addressing the issue, as well as of its direct influence over the development of Italian cultural heritage criminal law. The analysis then focuses on two key moments in the transnational circulation, i.e. export and import of cultural goods. The current shape of the criminal offences of, respectively, unlawful export and unlawful import of cultural property is analyzed, as resulting from the reform enacted with Law 9 March 2022, n. 22 and the need to comply with the obligations Italy was subject to following the adoption of Regulation EU 2019/880 and the ratification of the Council of Europe Convention on Offences relating to Cultural Property. Finally, the main strengths and weaknesses of the present criminal law framework are discussed, together with the oncoming further additions to the system of penal controls over the international circulation of cultural property.