Commentary on Judgment No. 25343 of 2023: Transfer of Cultural Goods Abroad

The recent judgment of the Court of Cassation No. 25343 of March 29, 2023, has sparked a lively debate regarding the regulations governing the transfer of cultural heritage goods abroad. In particular, the Court reiterated the importance of ascertaining the "exceptional relevance" of a cultural good before a crime can be constituted under Article 518-undecies of the Criminal Code. This decision offers food for thought on the protection of Italian cultural heritage and the methods of exporting works of art, in an increasingly globalized context.

Regulatory Context

The crime of unlawful transfer of cultural heritage goods is governed by Legislative Decree No. 42 of January 22, 2004, currently provided for by Article 518-undecies of the Criminal Code. The judgment under review is part of a regulatory framework that has undergone significant changes, particularly with Law No. 124 of August 4, 2017, which introduced the need to assess the cultural relevance of goods before their export.

Unlawful transfer abroad of items of cultural, historical, or artistic interest - Work by a non-living author, created more than seventy years ago, valued at less than 13,500 euros - Crime under Article 174 of Legislative Decree No. 42 of 2004 (now Article 518-undecies of the Criminal Code) - Existence - Conditions - Factual circumstances. Regarding the export of cultural heritage goods, following the amendments introduced by Law No. 124 of August 4, 2017, the unlawful transfer abroad of an artistic work by a non-living author, created more than seventy years ago, valued at less than 13,500 euros, constitutes the crime under Article 174 of Legislative Decree No. 42 of January 22, 2004 (currently provided for by Article 518-undecies of the Criminal Code), provided that the good is declared of "exceptional relevance" by the competent administration responsible for managing the restriction. (Factual circumstances in which the Court annulled with referral the order for the restitution of a seventeenth-century wooden crucifix on the grounds that it was necessary to ascertain, for the abstract configurability of the crime, the "exceptional relevance" of the cultural interest of the good).

Implications of the Judgment

The decision of the Court of Cassation has highlighted some fundamental aspects for the protection of cultural heritage. Firstly, it underscores the importance of a thorough assessment by the competent administration regarding the cultural relevance of the goods. Secondly, it clarifies that it is not sufficient for a work to be valued at less than 13,500 euros to exclude the crime of unlawful transfer. The qualification of "exceptional relevance" therefore becomes a crucial criterion.

• Need to ascertain the cultural relevance of the good
• Assessment by competent bodies
• Legal implications for the transfer of works of art

Conclusions

In conclusion, judgment No. 25343 of 2023 represents an important step forward in the protection of Italian cultural heritage. It clarifies that any transfer of cultural goods must be carefully evaluated and justified, especially when dealing with works by non-living authors. Operators in the sector and collectors must pay attention to these regulations to avoid legal consequences and to contribute to the safeguarding of our cultural heritage.