Law, administration and management of Cultural Heritage

The course has a total duration of 36 hours of teaching activities, consisting of 16 video lectures equivalent to 16 hours of asynchronous didactic delivery (DE), 8 hours of synchronous didactic delivery, and 12 hours of interactive didactic activities (DI). It requires a total student commitment of 150 hours, which includes attendance of DE+DI activities, individual study, as well as participation in other self-learning and self-assessment activities. Lesson Program (each lesson lasts 30 minutes) Topic 0 – Course Presentation E-tivities E-tivity 1 – The first case-law orientations on crimes for the protection of cultural heritage: forum, webinar, written paper E-tivity 2 – The distinction between crimes against cultural heritage and environmental crimes in the Criminal Code: forum, webinar, written paper E-tivity 3 – The Public Prosecutor and the mandatory nature of criminal action: forum, webinar, written paper E-tivity 4 – The “report of a crime”: forum, webinar, written paper Synchronous Didactic Delivery – DEs Synchronous video lecture 1 – Program summary: Principles of criminal law and crime analysis Synchronous video lecture 2 – Program summary: Crimes relating to cultural and landscape heritage Synchronous video lecture 3 – Program summary: Preliminary investigations and their conclusion Synchronous video lecture 4 – Program summary: Evidence and means of obtaining evidence Asynchronous Didactic Delivery – Dea Topic 1 – The criminal offence Video lecture 1 – Criminal law principles Video lecture 2 – The typical act Video lecture 3 – Grounds for justification Video lecture 4 – Culpability Video lecture 5 – Forms of manifestation of crime: attempt, participation, and concurrence of crimes Topic 2 – Crimes against Cultural Heritage Video lecture 6 – Introduction to the Special Part of Criminal Law. Circumstances, causes of non-punishability, and confiscation; theft and misappropriation of cultural property Video lecture 7 – Receiving and laundering of cultural property; forgery in private writings concerning cultural property Video lecture 8 – Violations regarding the alienation of cultural property; unlawful import of cultural property; unlawful removal or export of cultural property; destruction, deterioration, and unlawful use of cultural and landscape heritage; devastation and looting of cultural and landscape heritage; counterfeiting of works of art Topic 4 – The Criminal Trial: Systematic Framework – The “Fair Trial” Video lecture 1 – The fair and equitable trial Video lecture 2 – The judge, the public prosecutor, the defendant, and the defense counse Video lecture 3 – The cognitive function of the trial Video lecture 4 – Evidence and means of obtaining evidence Topic 5 – The Criminal Trial: The Dynamic Part of Criminal Proceedings Video lecture 1 – Preliminary investigations and dismissal Video lecture 2 – Individual investigative acts Video lecture 3 – The preliminary hearing Video lecture 4 – The trial Course Content Part I: General criminal law Principle of legality: statutory reservation, non-retroactivity, retroactivity of the lex mitior, definiteness and specificity Principle of culpability and strict liability Principle of offensiveness Criminal offence analysis. The typical act: conduct (active and omissive), event, causal link Grounds for justification, excuses, and causes of non-punishability Intent, negligence, and recklessness Completion of crime, attempt Participation (material and moral) Concurrence of crimes (material and formal) and apparent concurrence of norms The sanction system Part II: Crimes against Cultural Heritage Introduction to the Special Part of Criminal Law Circumstances, causes of non-punishability, and confiscation Theft and misappropriation of cultural property Receiving, laundering, use, and self-laundering of cultural property Forgery in private writings concerning cultural property Violations in the alienation of cultural property Unlawful import of cultural property Unlawful removal or export of cultural property Destruction, deterioration, and unlawful use of cultural and landscape heritage Devastation and looting of cultural and landscape heritage Counterfeiting of works of art Part III: The Criminal Trial – The “Fair Trial” Procedural systems: inquisitorial model, accusatorial model, and mixed model The Constitution and the European Convention on Human Rights: the “fair” and “equitable” trial The criminal judge: subject only to the law, impartial, independent, lawful, and pre-established by law The public prosecutor: exclusive holder of mandatory criminal prosecution The defendant and defense counsel: the inalienability of legal defense and the right to remain silent The cognitive function of the criminal trial: the right to evidence, adversarial proceedings in the formation of evidence, and the duty to provide reasoning Evidence: definition and classifications; evidence and circumstantial evidence; general rules (object of evidence; right to evidence; evidentiary procedure); types of evidence and means of obtaining evidence; evidence and investigative acts Part IV: The Dynamics of Criminal Proceedings Ordinary proceedings: report of a crime; preliminary investigations; defense investigations overview; dismissal; exercise of criminal action; preliminary hearing; trial Appeals: definition and classifications; general rules; appeal; cassation; brief notes on review

The course requires a bachelor's degree in law, economics, history, art or archaeology. A general familiarity with basic legal terminology is useful.

1) Textbook The following textbooks are recommended: Padovani, Criminal Law, Giuffrè, 2025, €40.00. Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Criminal Procedure Law, La Tribuna, latest edition, €65.00. 2) Code The following code is recommended: Criminal Code and Code of Criminal Procedure and Supplementary Laws, edited by Alibrandi and Corso, La Tribuna, latest edition, €35.00. Method, Strategies, and Teaching Tools The course consists of: the textbook and the codes indicated by the lecturers; video lectures; synchronous lessons and e-tivities, which will be carried out according to the schedule established at the beginning of the academic year and published on the Moodle course page; participation in Conferences or Study Days indicated by the lecturers on the notice board.

It requires a total student commitment of 150 hours, which includes attendance of asynchronous teaching, synchronous teaching, and interactive teaching activities, individual study, as well as participation in other self-learning and self-assessment activities.

Knowledge Check / Self-Assessment The student may monitor the progress of their knowledge through a gradual online self-assessment pathway structured as follows: - Assessment on individual study topics, through open-ended questions concerning specific issues (and individual video lectures); - Assessment on organic parts of the study program, through participation in synchronous lessons and discussion webinars on the program, covering conceptually connected blocks of topics (and blocks of video lectures); - Final assessment on the entire program, through a multiple-choice quiz covering the entire exam syllabus (and all video lectures). Final Learning Assessment Method The exam is oral. It consists of an interview with the lecturers and is aimed at verifying knowledge of the general principles of the subject and the individual institutions, as well as assessing legal terminology and reasoning skills regarding the overall system of criminal protection of cultural and environmental heritage. During the exam, students may present a written paper, produced as part of interactive didactic activities, which, if positively evaluated, will earn an additional 2 points on the final exam grade.

The course has a total duration of 36 hours of teaching, consisting of 16 video lectures equivalent to 16 hours of asynchronous didactic delivery (DE), 8 hours of synchronous didactic delivery, and 12 hours of interactive didactic activities (DI).