Problemi e prospettive della tutela penale del patrimonio culturale

The book analyzes the Italian criminal law framework aimed at the protection of cultural heritage as resulting from the reform enacted in 2022, following the ratification of the Council of Europe Convention on offences relating to cultural property. Starting from a discussion of how national and international attitudes towards the protection of cultural property and cultural heritage have evolved through time, it focuses on the recent increase in the attention paid by policymakers to the criminal dimension of conducts which harm the heritage of all people. After an overview of the present international and EU legal framework, it addresses the many criminological peculiarities of trafficking and other offences affecting artworks and antiquities, with a specific focus on the criminogenic features of the market. Criminal offences aimed at protecting cultural objects and landscape assets are then critically discussed in comparison with the scope and purposes of the aforementioned international and EU framework, and in light of their attitude to match the empirical specificities of the behaviours they aim to prevent and punish. The analysis also sheds light on several systemic inconsistencies, matching the ‘new’ offences against criminal law general rules and principles. The book provides an overall assessment of present-day Italian cultural heritage criminal law, as well as proposals for further reform.