Law, administration and management of Cultural Heritage - delivered predominantly via distance learning

MARCO GAMBARDELLA
ROBERTA APRATI

The Teaching aims: at learning the criminal system of cultural heritage protection, as a system composed of substantive criminal law (the crimes that offend cultural and environmental heritage) and criminal procedural law (the way in which the criminal process ascertains whether or not such crimes have been
committed); to the understanding of how this system is coherent as it is constructed through "rules" implementing "principles"; to the acquisition of the ability to read criminal substantive and procedural law in the light of general legal theory. The Teaching then offers an overview of living criminal law as an expression of the jurisprudence of legitimacy, constitutional and supranational jurisprudence.
More generally, the Teaching tends to develop: the legal vocabulary; the aptitude for legal reasoning; the ability to distinguish, and then coordinate with each other, theoretical and practical issues; and the methodology for scientific research.
By the end of the Teaching, the Student will have acquired both specific knowledge of the cases and ways in which the criminal law protects cultural heritage; and adequate legal maturity, such that he/she will be able: to interpret the law, to resolve legal issues, to prepare protocols
behavioral protocols designed to prevent cultural and environmental property from being the subject of criminal illegal activities.
The graduate will also have developed the skills necessary to undertake further study in the same field.

The Course aims:
at learning the criminal law system for the protection of cultural heritage, understood as a system composed of substantive criminal law (the offences that harm cultural and environmental assets) and criminal procedural law (the manner in which the criminal process establishes whether such offences have been committed or not); at understanding how this system is coherent, as it is built through “rules” implementing “principles”; at acquiring the ability to interpret substantive and procedural criminal provisions in light of the general theory of law.

The Course also provides an overview of “living” criminal law, as expressed by the jurisprudence of the Court of Cassation, the Constitutional Court, and supranational courts, in light of interpretative issues related to proceedings concerning environmental crimes and the protection of cultural property.

More generally, the Course seeks to develop: legal terminology, legal reasoning skills; the ability to distinguish, and then coordinate, theoretical and practical issues; and research methodology.

At the end of the Course, the Student will have acquired both specific knowledge of the cases and ways in which criminal law protects cultural heritage, and an adequate legal maturity, enabling them to: interpret the law, resolve legal issues, and develop behavioral protocols aimed at preventing cultural and environmental assets from becoming the object of criminally illicit activities. The graduate will also have developed the skills necessary to pursue further studies in the same field.

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

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

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.

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).

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.

What are the corollaries of the principle of criminal legality?

How is a criminal offence broken down into elements?

What is meant by cultural property?

What is the difference between laundering of cultural property and ordinary money laundering?

What are the principles of due process? What are their sources?

What are the powers of the Public Prosecutor?

What is the difference between evidence and means of obtaining evidence?

What is the function of the preliminary hearing?

• Principles of criminal law
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• the objective element
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• justifications
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• culpability
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• Forms of manifestation of the offence: attempt, conspiracy and multiple offences
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• Introduction to the special part of criminal law. Circumstances, grounds for non-punishment and confiscation; theft and misappropriation of cultural property.
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• Receiving and laundering of cultural property; forgery of private documents relating to cultural property
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• Violations relating to the disposal of cultural property;  illegal importation of cultural property;  illegal removal or exportation of cultural property; destruction, deterioration and illegal use of cultural and landscape heritage; devastation and looting of cultural and landscape heritage; counterfeiting of works of art
  • Books: Padovani, Diritto penale, Giuffrè, 2025


• fair and equitable trial
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• The judge, the prosecutor, the defendant and the defence counsel
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• The cognitive function of the process
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• Evidence and means of obtaining evidence
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• Preliminary investigations and dismissal of the case
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• Individual investigative acts 
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• The preliminary hearing
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione


• the trial
  • Books: Alonzi, Aprati, Chelo, Cortesi, Diddi, La Regina, Marandola, Vergine, Diritto Processuale Penale, La Tribuna, ultima edizione