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

Judgment No. 51260 of November 16, 2023, filed on December 21, 2023, represents an important benchmark for jurisprudence concerning crimes against cultural heritage. With this decision, the Court of Cassation addressed the issue of normative continuity between Article 639, paragraph two, of the Criminal Code, repealed by Law No. 22 of 2022, and Article 518-duodecies, paragraph two, of the same code.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 protecting cultural heritage.

The Legal Context of the Judgment

The Court established that there is normative continuity between the two provisions, emphasizing how Article 518-duodecies continues to penalize conduct that was already criminally relevant under Article 639, paragraph two. This is particularly significant for legal practitioners and those involved in cultural heritage protection, as it ensures constant and consistent protection of the norms punishing offenses against archaeological, historical, and artistic heritage.

Offense under Article 639, paragraph two, second period, of the Criminal Code, repealed by Article 5, paragraph 2, of Law No. 22 of 2022 - Offense under Article 518-duodecies, paragraph two, of the Criminal Code - Normative Continuity - Existence - Reasons. Regarding offenses against cultural heritage, there is normative continuity between Article 639, paragraph two, second period, of the Criminal Code (repealed by Article 5, paragraph 2, of Law No. 22 of March 9, 2022, concerning "Provisions on offenses against cultural heritage") and Article 518-duodecies, paragraph two, of the Criminal Code, as the latter provision continues to encompass the conduct criminally sanctioned by the repealed provision.

Implications of Normative Continuity

The normative continuity established by the Court implies that, despite the repeal of Article 639, criminally relevant conduct has not disappeared but has simply been incorporated into a new provision. This is a crucial aspect for ensuring the protection of cultural heritage. The Court thus reiterated the need for an integrated and consistent approach in applying laws, avoiding legislative gaps that could compromise the protection of cultural heritage.

• Strengthening legal protection for cultural heritage.
• Clarity in normative provisions relating to offenses against cultural heritage.
• Continuity in the repression of illicit conduct.

Conclusions

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