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La riforma (della riforma) del danneggiamento di beni culturali, tra incoerenze criminologiche e dubbi di costituzionalità

Translated title of the contribution: [Autom. eng. transl.] The reform (of the reform) of the damage to cultural heritage, between criminological inconsistencies and doubts of constitutionality

Research output: Contribution to journalArticlepeer-review

Abstract

The paper analyses, from a critical and systematic perspective, how the recent Law 22 January 2024 n. 6 has affected the text of, as well as sanctions applicable to, the felonies of damaging, soiling and illicit use of cultural property and landscape assets, as introduced by Law 9 March 2022 n. 22. The essay specifically addresses implications for the meaning to be attributed to the term ‘cultural property’ as used in the text of the offences set in Title VIII bis of the Italian Penal Code, as well as the likely violation of the constitutional and European principle of ne bis in idem. Furthermore, the recent reform appears grounded in a lack of criminological awareness capable of compromising its overall consistency with the legal framework of cultural heritage protection, as well as its potential for effectively preventing the offences it purports to suppress.
Translated title of the contribution[Autom. eng. transl.] The reform (of the reform) of the damage to cultural heritage, between criminological inconsistencies and doubts of constitutionality
Original languageItalian
Pages (from-to)86-138
Number of pages53
JournalDIRITTO PENALE CONTEMPORANEO
Volume2024
Publication statusPublished - 2024

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Cultural Heritage
  • Cultural Property
  • Damaging and soiling
  • Ideologically motivated crimes
  • L. n. 6 / 2024
  • Ne bis in idem
  • Penal populism
  • Sanctions

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