L’opera falsa e l’archivio d’artista. Profili penali

This chapter focuses on criminal offences punishing the counterfeiting of artworks within the Italian legal system, highlighting the peculiarities of provisions aimed at punishing behaviors which are only indirectly harmful to the cultural heritage, while at the same time providing a direct protection to the art market - to its transparency and cleanliness - as an end in itself, as well as a way to advance a layer of preventive protection to the interests of potential buyers and collectors. The specific offences of counterfeiting, placing on the market, and providing false statements or documentation concerning authenticity, are discussed, also in relation to further criminal offences (like fraud and fencing), together with the specific penalties and exceptions provided by Italian criminal law. Finally, the chapter focuses on possible responsibilities of achives' boards and curators, particularly with respect to failure to report counterfeited artworks.