Judgment No. 30653 of 2024: The New Configuration of the Crime of Alienation of Archaeological Goods

The recent judgment no. 30653 of June 5, 2024, deposited on July 26, 2024, by the Court of Cassation, provides an important clarification regarding the crime of alienation of archaeological goods. This decision is significant not only for operators in the sector but also for citizens, as it establishes the criteria for assessing the cultural value of archaeological goods in relation to their alienation.

The Regulatory Context

According to Article 173 of Legislative Decree No. 42 of 2004, Italian legislation has always placed a strong emphasis on the protection of cultural heritage. However, the judgment in question noted that the crime provided for by Article 173, now incorporated into Article 518-novies of the Penal Code, no longer requires formal verification of cultural interest through administrative measures. This interpretation is crucial for ensuring greater speed in the judicial process and in the defense of cultural heritage.

Analysis of the Legal Principle

Crime under Article 173 of Legislative Decree No. 42 of 2004 - Crime under Article 518-nonies of the Penal Code - Normative continuity - Existence - Alienation of archaeological goods - Verification of cultural interest - Necessity - Exclusion. The crime provided for by Article 173 of Legislative Decree No. 42 of January 22, 2004, which has been incorporated, in strict normative continuity, into that of Article 518-novies of the Penal Code, does not require the verification of the cultural interest of archaeological goods, nor that they be classified as cultural by an administrative measure, in cases involving violations related to their alienation, as it is sufficient that "cultural value" can be inferred from their characteristics.

This legal principle represents a turning point. Indeed, until now, the necessity of formal verification could pose an obstacle to investigations and legal actions. With the new jurisprudential orientation, it is sufficient to demonstrate that the characteristics of the good in question confer cultural value to it, without the need for additional bureaucratic documentation. This significantly simplifies the position of those who must defend the national cultural heritage.

Practical Implications of the Judgment

The practical implications of this judgment are manifold. Among the most significant, we can list:

  • Greater agility in investigations related to archaeological goods;
  • Reduced bureaucratic burdens for verifying cultural value;
  • Strengthening of the protection of cultural heritage in cases of unauthorized alienation.

In conclusion, judgment no. 30653 of 2024 marks a significant step forward in the protection of Italian cultural heritage, facilitating legal responsibilities and promoting greater safeguarding of archaeological goods. It is essential that operators in the sector and citizens are informed about these legislative and jurisprudential changes in order to act in a conscious and responsible manner.

Conclusions

In summary, the Court of Cassation has provided a clear and necessary interpretation regarding the alienation of archaeological goods, contributing to the strengthening of the cultural heritage protection system. Legal professionals and those involved in the cultural sector should take this legal evolution into account for the correct application of the regulations.

Bianucci Law Firm