The “DECRETO 3 marzo 2020, n. 61” outlines the procedures for allocating confiscated funds, assets, and benefits to the International Criminal Court (ICC). This regulation, adopted by the Ministry of Justice in collaboration with the Ministry of Economy and Finance, specifies how Italy will manage and transfer these confiscated assets to support the ICC’s operations.
The decree begins by establishing the legal framework, referencing several laws and decrees that govern the administration of justice and international cooperation. It details the processes by which confiscated funds are to be redirected to the state budget and subsequently reassigned to the Ministry of Justice for transfer to the ICC. The regulation ensures that after deducting administrative costs and any procedural expenses, the remaining sums are promptly transferred to the ICC.
A critical component of the decree is its provision concerning non-monetary assets. It stipulates that if the confiscated asset is not in the form of money and can be sold, the Court of Appeal in Rome is responsible for the sale, adhering to specific procedural guidelines. The proceeds from these sales, after deducting necessary costs, are then allocated as described.
One significant clause addresses cultural heritage, asserting that items constituting cultural heritage shall not be sold or allocated to the ICC. Instead, these items are protected under existing cultural heritage laws, ensuring their preservation within Italy.
The impact on heritage from this decree is substantial, as it underscores the importance of protecting cultural assets while facilitating international justice. By excluding cultural heritage from the assets to be transferred to the ICC, the decree aligns with national priorities of preserving and maintaining Italy’s rich cultural legacy. This careful balancing act ensures that while Italy supports international judicial processes, it also safeguards its cultural treasures for future generations.
In summary, the “DECRETO 3 marzo 2020, n. 61” establishes a clear procedure for managing and transferring confiscated assets to the ICC, with particular safeguards for cultural heritage, reflecting Italy’s commitment to both international cooperation and the preservation of its cultural patrimony.
