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Fabio Fortinguerra

The reform of the criminal protection of cultural heritage reread in the light of Article 9 of the Constitution. Reflections on real and declared cultural heritage

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Abstract

In this study, the offenses outlined in title VIII-bis, entitled “Crimes against cultural heritageµ are examined within the context of systemic choices and their interactions with supplementary laws. The system of cultural heritage protection is analysed considering the particular nature of the object of protection, through a constitutional perspective, which allows for viewing culture as the essential nexus for the recognition and defence of fundamental human rights of the protected entity.

Keywords

  • cultural heritage
  • criminal law protection
  • culture
  • commons

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