Analysis of Judgment No. 36265 of 2023: Normative Continuity in the Illicit Export of Cultural Goods

The recent Judgment No. 36265 of June 15, 2023, filed on August 31, 2023, offers important clarifications regarding the illicit export of cultural goods in Italy. The Court examined the normative continuity between the repealed Article 174 of Legislative Decree of January 22, 2004, No. 42, and the current Article 518-undecies of the Criminal Code, introduced by Law of March 9, 2022, No. 22. This ruling is part of an increasingly attentive legal framework for the protection of national cultural heritage.

The Regulatory Context

The judgment under review focuses on a crucial aspect of Italian criminal law, namely the protection of cultural goods from illicit trafficking. Article 518-undecies establishes penalties for those who transfer cultural goods abroad without the necessary authorizations, highlighting the importance of safeguarding our country's artistic, historical, and archaeological heritage. The regulation requires that for the export of such goods, a certificate of free circulation or an export license must be present, regardless of whether the goods have been declared of cultural interest.

The Ruling's Headnote

Illicit exit or export of cultural goods - Relationship between the offense previously punished by art. 174 of the Cultural Heritage Code and that currently sanctioned by art. 518-undecies of the Criminal Code - Normative continuity - Existence. Regarding the illicit export of cultural interest goods, normative continuity exists between the repealed offense under art. 174 of Legislative Decree of January 22, 2004, No. 42, and that currently provided for by art. 518-undecies of the Criminal Code, introduced by Law of March 9, 2022, No. 22, which punishes anyone who transfers cultural goods, items of artistic, historical, archaeological, ethno-anthropological, bibliographic, documentary, or archival interest, or other items subject to specific protection provisions under cultural heritage legislation, abroad without a certificate of free circulation or export license, regardless of whether the aforementioned goods have been subject to a formal declaration of cultural interest.

This headnote clearly expresses the legislator's intention to maintain continuous protection for cultural goods, despite regulatory changes. The continuity between the two provisions is fundamental to ensuring that Italian cultural heritage is not compromised by illicit practices.

Implications of the Judgment

• Strengthening of measures for the protection of cultural heritage.
• Legal clarity for authorities responsible for export controls.
• Need for adequate information for citizens and sector operators.

Judgment No. 36265 of 2023, therefore, represents an important step in the fight against illicit trafficking of cultural goods, emphasizing how Italian legislation evolves to adapt to the needs of protecting national heritage. Normative continuity ensures that even new provisions can operate seamlessly with previous ones, thus ensuring greater protection and safeguarding of cultural interest goods.

Conclusions

In conclusion, the analysis of Judgment No. 36265 of 2023 highlights the importance of a clear and coherent legal framework in the protection of cultural goods. The continuity between repealed and current regulations not only strengthens the fight against the illicit export of cultural goods but also serves as a warning to all those operating in the sector to respect current laws and contribute to the safeguarding of our cultural heritage.