Disastri naturali e antropici e tutela penale del patrimonio artistico e paesaggistico

Natural and anthropic disasters (earthquakes, floods, pollution, ...) pose serious risks to the integrity of our artistic and landscape heritage. Man contribute to exacerbate the effects of these disasters. As a rule, it is not a matter of deliberate actions, but of negligence or undervaluation of danger. Conducts that could prove to be worthy of criminal repression.
Italian jurisprudence has addressed the issue from the point of view of the protection of individual and collective life and safety. It is necessary to verify the possibility of extending this (fundamental) perspective to the criminal protection of cultural and landscape heritage.
The current criminal law does not seem adequate. Save the hypothesis, marginal, in which the fact is committed by the same owner of the asset (Article 733 Criminal Code), the damage is punished only in the presence of intention (Article 635 Criminal Code).
This is a gap that should be filled with the introduction of a new crime of damage or destruction of cultural and landscape assets, punishable also as a negligence. Without prejudice to the need for coordination (not always easy) with the principles of culpable liability, the proposed solution would allow for more effective protection.