Le prospettive internazionali di tutela penale: strategie sanzionatorie e politico-criminali

This contribution deals with the issue of the prevention and repression of offences against cultural property and the standards which, in this regard, are emerging at the international level, particularly through the provisions of the UNODC draft “Guidelines on Crime Prevention and Criminal Justice Responses with respect to Trafficking in Cultural Property”. Taking as foundation a broad concept of criminal policy, which encompasses both criminal and non-criminal measures aimed at reducing offences, the essay examines the need for a wide range of heterogeneous social, educational, technical, organizational, administrative, and civil interventions, in order to provide a sound basis for the introduction or reformation (where needed) of criminal law provisions against trafficking in cultural objects and related offences, which, in turn, should remain strictly within the limits of the parsimony principle (extrema ratio), and should be tailored upon the specificities of both offences and offenders. Finally, the need for a variety of criminal sanctions larger than the usual custodial and pecuniary ones is explored, with particular regard to bans, disqualifications, and other forms of adverse publicity.