The reform of crimes against cultural heritage and the impacts on the catalog of pre-presupposed crimes of Legislative Decree 231/01

With the Law 9 March 2022, n. 22, crimes relating to the protection of cultural heritage were also introduced into the catalog of predicate offenses of Legislative Decree 231/01, also implemented through the introduction of new crimes into the criminal code (in particular with amendments to art. -bis, first paragraph, and the introduction - after Title VIII of the second book - of Title VIII-bis - Crimes against cultural heritage).

The new law also introduced art. 25-duodevicies (Recycling of cultural assets and devastation and looting of cultural and landscape assets).

The law is made up of 7 articles through which: i) it places in the penal code the criminal offenses currently divided between the penal code and the cultural heritage code; ii) introduces new types of offense; iii) increases the legal penalties in force, implementing the constitutional principles under which the cultural and landscape heritage requires further protection than that offered to private property; iv) introduces aggravating circumstances when the subject of common crimes are cultural property; v) intervenes on article 240-bis of the criminal code expanding the catalog of crimes in relation to which the so-called extended confiscation.

Financial penalties are envisaged up to a maximum of n. 900 shares, equal to a maximum of € 1.394.433,00. = And disqualification measures.