Bussu, Paola (2018) La Tutela penale dei beni culturali. Doctoral Thesis.
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The constitutional and supranational importance of cultural objects imposes the use of criminal law
as necessary instrument to guarantee adequate protection for their rank.
The subject of the present study is the protection provided by the italian legal system to the offenses
caused to the historical and artistic heritage, also considering the international and European sources
The study aims to analyze the critical aspects of the italian legislation with regard to fundamental
issues of criminal law, also in the light of the position of the legal literature and the judicial
The current system, composed by the Criminal Code and the Code of Cultural Heritage and
Landscape, is fragmented and inadequate and it requires an urgent and substantial legislative reform.
As a matter of fact, it is severe when there is no damage at the good and the danger is only abstract,
while the severity vanishes when the type of offense is the injury.
Finally the study focuses on the most recent proposal for reform of the criminal law system for the
protection of cultural heritage (submitted during the 17 th parlamentary term) which, however, doesn’t
solve the major flaws of the discipline.
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