On March 23, 2022, Law No. 22 of March 9, 2022, Provisions on Crimes against the Cultural Heritage (Legge 9 marzo 2022, n. 22, Disposizioni in Materia di Reati Contro il Patrimonio Culturale) entered into effect in Italy.
Background of the New Law
Through Law No. 6 of January 21, 2022, which entered into effect on February 8, 2022, Italy ratified the Council of Europe Convention on Offences relating to Cultural Property. Law No. 22 serves to implement this treaty internally.
Law No. 22 was the initiative of Minister of Justice Andrea Orlando and Minister of Cultural Heritage and Activities Dario Franceschini. During the parliamentary discussions, official statistics were presented showing the magnitude of the phenomenon of trafficking and destruction of the national cultural heritage in Italy, which contains the largest number of UNESCO World Heritage Sites in the world. In 2021 alone:
1,182 people [were] reported, 23,363 archaeological and paleontological assets [were] recovered and 1,693 false works [were] seized, with a value, if placed on the market as authentic, of over 427 million euros [about US$452.22 million]. There were 334 thefts of cultural assets in museums, exhibition sites, places of worship, archives and others. Then, on 15 December last, 201 precious pieces were returned to Italy that, over the last few decades, had ended up in the United States, marketed by large international traffickers.
In this context, the parliamentary discussions highlighted the need to increase the penalties for illicit activities relating to the cultural heritage of the country.
New Crimes
Article 1(1)(b) of Law No. 22 incorporates into the Criminal Code (C.C.) the following new crimes related to the cultural heritage:
- Theft of Cultural Assets (C.C. art. 518-bis).
- Misappropriation of Cultural Assets (C.C. art. 518-ter).
- Receipt of Cultural Property (C.C. art. 518-quarter).
- Use of Cultural Property Obtained through a Crime (C.C. art. 518-quinquies).
- Laundering of Cultural Assets (C.C. art. 518-sexies).
- Self-Laundering of Cultural Assets (C.C. art. 518-septies).
- Falsification of Private Deeds relating to Cultural Assets (C.C. art. 518-octies).
- Unlawful Transfer of Cultural Assets (C.C. art. 518-novies(1)–(3)).
- Illicit Importation of Cultural Assets (C.C. art. 518-decies).
- Illicitly Transferring Abroad or Exporting Cultural Assets (C.C. arts. 518-undecies & 518-duodevicies).
- Destruction, Dispersal, Deterioration, Defacing, Soiling, and Illegal Use of Cultural or Landscape Assets (C.C. art. 518-duodecies).
- Devastation and Looting of Cultural and Landscape Assets (C.C. art. 518-terdecies).
- Counterfeiting of Works of Art (excluding the reproduction or dissemination of works expressly declared inauthentic) (C.C. art. 518-quinquiesdecies).
- Unjustified Possession of Instruments for Probing the Ground or Equipment for Detecting Metals. (C.C. art. 707-bis).
The new legislation sets forth incarceration and pecuniary penalties, along with aggravating circumstances (C.C. art. 518-sexiesdecies).
Amendments concerning Undercover Investigative Operations
The new legislation amends Law No. 146 of March 16, 2006, concerning the powers of judicial police officers of specialized cultural property entities to carry out undercover operations in order to acquire evidence related to the above crimes. (Law No. 22, art. 2(1).)
Amendments on Liability of Legal Entities
Law No. 22 amends Legislative Decree No. 231 of June 8, 2001 to add monetary penalties for the above crimes and a total ban on the exercise of certain activities. (Law No. 22, art. 3(1)–(5).)
Amendments concerning Protected Areas
The new law also amends Law No. 394 of December 6, 1991 on protected areas to allow supervisors of protected areas to order the seizure of the cultural assets or instruments used to commit the offenses in order to avoid the aggravation or continuation of the crime. In addition, the suspect is obliged to undertake the restoration of the damaged area, where possible, and in any case to pay compensation for damage caused. (Law No. 22, art. 4(1).)
Reactions to the New Law
The passing of Law No. 22 was hailed by the Italian government as a “great step forward in the protection and security of the cultural heritage and in the fight against the illicit trafficking of works of art,” and has also received broad acclamation by persons and entities involved in the defense of the national cultural heritage.