Commentary on Judgment No. 51260 of 2023: Legal Continuity in Cultural Criminal Law

The judgment No. 51260 of November 16, 2023, filed on December 21, 2023, represents an important reference point for jurisprudence concerning crimes against cultural heritage. With this decision, the Court of Cassation addressed the issue of legal continuity between Article 639, paragraph two, of the penal code, repealed by Law No. 22 of 2022, and Article 518-duodecies, paragraph two, of the same code. This article aims to analyze the implications of this judgment and its repercussions in the context of cultural heritage protection.

The Legal Context of the Judgment

The Court established that there is legal continuity between the two provisions, emphasizing how Article 518-duodecies continues to sanction the criminally relevant behaviors already provided for by Article 639, paragraph two. This is particularly significant for legal practitioners and those involved in the protection of cultural heritage, as it ensures a constant and coherent protection of the norms that punish crimes against archaeological, historical, and artistic heritage.

Crime referred to in Article 639, paragraph two, second period, penal code, repealed by Article 5, paragraph 2, Law No. 22 of 2022 - Crime referred to in Article 518-duodecies, paragraph two, penal code - Legal continuity - Existence - Reasons. In the matter of crimes against cultural heritage, there is legal continuity between Article 639, paragraph two, second period, penal code (repealed by Article 5, paragraph 2, Law of March 9, 2022, No. 22, concerning "Provisions regarding crimes against cultural heritage") and Article 518-duodecies, paragraph two, penal code, as the latter norm continues to include the behavior criminally sanctioned by the repealed norm.

The Implications of Legal Continuity

The legal continuity established by the Court implies that, despite the repeal of Article 639, the criminally relevant behaviors have not disappeared but have simply been encompassed in a new norm. This is a crucial aspect for ensuring the protection of cultural heritage. The Court has therefore reiterated the need for an integrated and coherent approach in the application of laws, avoiding regulatory gaps that may compromise the protection of cultural heritage.

  • Strengthening legal protection for cultural heritage.
  • Clarity in the regulatory provisions concerning crimes against cultural heritage.
  • Continuity in the repression of illicit behaviors.

Conclusions

Judgment No. 51260 of 2023 represents a significant step towards greater protection of cultural heritage in Italy. The legal continuity between Article 639 and Article 518-duodecies, in fact, not only provides legal certainty to sector operators but also serves to maintain a high level of protection against crimes that threaten our cultural heritage. In a global context, where cultural heritage is increasingly at risk, this decision proves fundamental to ensure that crimes against it are adequately sanctioned.

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