With Law 5271/2026, a coherent and autonomous legal framework for the protection of artworks and collectible objects is introduced for the first time. The legislator moves away from the indirect protection of art through related criminal offenses, recognizing it instead as a distinct legal good requiring specialized legal safeguards.
Until recently, artworks were not individually protected under any legislation; protection was pursued through the offenses of fraud (Article 386 of the Criminal Code) and forgery (Article 216 of the Criminal Code). These offenses presupposed a completed financial transaction, creating the impression that art enjoys legal protection only when it functions as a means of obtaining illicit profit, often resulting in impunity due to the absence of material damage or the vagueness of the notion of “deception.”
Under the new legal framework, the elements that constitute the offense are clearly defined. These elements reflect the characteristics that make an artwork unique, namely the identity of the creator, its nature, origin, date, and composition. Notably, the definition of artworks explicitly includes, under Article 3 of Law 5271/2026, contemporary forms of art produced using technological and digital means, provided they bear the necessary characteristics of authenticity, creator identity, and verifiability, such as works linked to digital art certificates (NFTs).
Simultaneously, the scope of punishable acts has been expanded. According to Article 4 of Law 5271/2026, not only is the forgery of an artwork punishable, but also any act of manufacturing, exhibiting, distributing, selling, transferring, possessing, or accepting possession of an artwork or collectible item that results from deception, by any means. This establishes enhanced criminal protection of art by criminalizing all uses of counterfeit art products, including cases of unknowing acquisition.
The core of Law 5271/2026 is the protection of the market. This is evident primarily in Article 7, which establishes the Registry of Certified Experts (“M.O.P.”), a separate entity under the Ministry of Culture responsible for certifying the authenticity of artworks and collectibles. The M.O.P. will consist of accredited graduates in the fields of Art History or Art Conservation with at least ten years of experience in the respective field, provided they pass examinations administered by the Ministry of Culture. The Registry will be digitally accessible to the public as part of the newly established Autonomous Department of Artworks, under the General Directorate of Contemporary Culture.
Furthermore, Article 5 of Law 5271/2026 stipulates, among other provisions, that counterfeit artworks may be destroyed before a three-member committee even if the accused is acquitted or prosecution is discontinued. Prior to destruction, the artwork will be digitally recorded and archived.
Article 4 establishes a stricter and more specialized framework for criminally addressing the forgery of artworks compared to the previous system. Under the former regime, fraud and forgery offenses complemented the gap but featured uniform sentencing ranging from imprisonment for minor offenses to up to ten years in serious cases involving high-value items or harm to the public.
In contrast, the new Law prescribes the same imprisonment for the basic offense of producing and distributing artworks, while setting a minimum financial penalty of €5,000, thereby introducing a stricter minimum sanction compared to previous offenses. Aggravated circumstances provide for imprisonment of up to ten years and fines ranging from €10,000 to €300,000, especially when committed professionally, commercially, or as part of a criminal organization, or when high-value objects are involved.
Additionally, a collateral penalty applies to individuals working in the art sector, who may face a prohibition on practicing their profession for three months to five years. Concurrently, the new Article 378A of the Criminal Code establishes the autonomous offense of damaging artworks and collectibles, distinguishing it from the previous general offense of damaging someone else’s property (Article 378), and including aggravating factors such as damage to public property or monuments.
Overall, this legislation establishes a strengthened protection framework for art as a legal good, elevates offenses against it to autonomous crimes, provides for special aggravating circumstances, designates competent enforcement bodies, and introduces measures to safeguard the art market, highlighting it as a fundamental pillar of cultural heritage.