Description
CRIMINAL LAW TREATMENT OF CULTURAL FORGERIES
Book summary
This work offers an exhaustive analysis of the Spanish criminal law response to the forgery of cultural property, a criminal phenomenon of great relevance that affects the veracity of artistic heritage. The author examines the lack of specific treatment in Spain, which refers this conduct to the criminal offense of fraud, in contrast to other legal systems such as the Italian one. Through the study of judicial rulings and doctrinal positions, the book proposes an alternative to strengthen the criminal protection of cultural property, linking this practice to crimes such as money laundering and illicit trafficking.
What is it about?
The work addresses the problem of the forgery of cultural property in Spain, a country with a rich historical heritage and a growing art market. The author, Juan José Periago Morant, analyzes how current criminal legislation treats this criminal conduct, focusing on fraud as the main classification, and points out the shortcomings of this approach in the face of the complexity of the phenomenon. The connections of forgery with other crimes are examined, such as money laundering, crimes against intellectual property, and the illicit trafficking of cultural property. Based on a review of the most relevant jurisprudence and doctrine, the book puts forward a reform proposal to create a specific criminal treatment that protects the authenticity of cultural property, which is essential for scientific knowledge and the social function of culture.
Main topics
- Forgery of cultural property and its criminal treatment in Spain.
- Analysis of fraud as a criminal offense applicable to cultural forgery.
- Connection of forgery with money laundering, illicit trafficking, and crimes against intellectual property.
- Protection of cultural heritage and its veracity under Criminal Law.
- Legislative reform proposal for a specific criminal treatment against cultural forgeries.
Who is it recommended for?
This book is aimed at Criminal Law professionals, lawyers specializing in intellectual property and cultural heritage, prosecutors, and judges. It is also of interest to criminologists, art historians, cultural managers, and those responsible for heritage protection. Likewise, it is a reference work for postgraduate and doctoral students in Criminal Law, Criminology, or Art History researching the forgery of cultural property and its legal framework.
What this book contributes
- A detailed analysis of the jurisprudence and doctrine on the forgery of cultural property in Spain.
- A comparison with the Italian legal system, which has a specific criminal treatment for this conduct.
- A well-founded proposal to reform criminal legislation and improve the protection of cultural heritage against forgery.
- An interdisciplinary vision that connects Criminal Law with Criminology and Art History.
- Practical tools to understand the legal implications of forgery in the art and antiquities market.
Technical data sheet
- Author: PERIAGO MORANT, JUAN JOSE
- Publisher: J.M.BOSCH
- Language: Spanish
- Topic: ADULTERATION, FORGERY AND THEFT OF WORKS, CORPORATE CRIME
- Collection: BOSCH PENAL
- Edition date: June 2025
- Number of pages: 384
- Weight: 750 g
Editorial review
This work constitutes a rigorous and necessary contribution to the debate on the criminal protection of cultural heritage in Spain. The author, with a solid academic and professional background in Criminal Law and Criminology, addresses a significant legal vacuum with a critical and proactive approach. The combination of jurisprudential, doctrinal, and comparative analysis, together with the reform proposal, makes this book a reference for specialists and a valuable resource for those seeking to understand and improve the legal response to the forgery of cultural property.