La repressione del traffico illecito di beni culturali nell’ordinamento italiano. Rapporti con le fonti internazionali, problematiche applicative e prospettive di riforma

Cultural property trafficking is a complex phenomenon which, however, has only recently started to be perceived and tackled as a proper criminal problem by the international community. Italy, on the other hand, has a very long tradition of strict regulation of cultural property circulation, including by making extensive use of penal provisions. At the same time, however, Italian criminal law in this field also suffers from some long-standing shortcomings as well as, more recently, from a certain obsolescence of its traditionally protectionist approach, which remains mostly focused on the national heritage in a time when international inputs towards a more solidaristic approach to the protection of the cultural heritage of all humankind are growing. After a series of failed attempts at reform, a draft law is now pending in Parliament which appears likely to achieve adoption in a few months, also due to international obligations Italy has to comply with. The purpose of said reform proposal is a comprehensive review and ‘codification’ of felonies against cultural heritage. After an introduction to the criminological peculiarities of traffic in cultural property and to the recent evolution of international legislation on this subject, the essay will analyze the main criminal offences aimed at preventing and punishing the many links in the trafficking chain, including by discussing proposed changes. Special attention will be paid to the felony of unlawful export, traditionally conceived as an advanced layer of protection for the integrity of the national cultural heritage, to its present as well as foreseeable shortcomings, and to the possible practical consequences of the intended reform.