Case Law Database

Trafficking in cultural property

Offences

• Trafficking in cultural property
• Illegal import/export

Keywords

• Cultural object/institution and work of art

Girolamini Library Case

Fact Summary

Investigations carried out by the Public Prosecutor Office in Naples led to the discovery  of around 4,000 ancient books and manuscripts belonging to the Library, which have been misappropriated by the Director of the library, Massimo Marino De Caro. The offender established a large network of national and international accomplices, dealers in antiquities and proceeded to the gradual dispossession of the Library, through the sale of a number of volumes and manuscripts to third parties, collectors or brokers, in Italy and abroad, as well through the sale of an entire collection of more than 600 books and manuscripts to the auction house “Zisska & Schauer” in Munich.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Germany

Investigation Procedure

Confiscation and Seizure

Seized Property

Around 500 ancient volumes were found and returned to Italy.

 

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Appellate Court
Type of Proceeding:
Criminal
Accused were tried:
separately (parallel trials)
 

A final conviction has been issued against De Caro and some of his accomplishes, basically in relation to the crime of embezzlement regarding the volumes (over 2.000) that were recovered within the Italian territory at the beginning of the investigations. A criminal conviction confirmed by the Court of Appeal in Naples has also been issued against Herbert Schauer, holder of the afore mentioned auction house.  Mr. Schauer was arrested in Germany in execution of an European Arrest Warrant, issued upon request of the Public Prosecutor’s Office in Naples, in relation to the crimes of embezzlement and illegal export of cultural property. Around 500 ancient volumes were also found and returned to Italy, as a result of a specific request of international cooperation between the two countries.

 
 
Proceeding #1:
  • Stage:
    appeal
  • Court

    Court Title

    Court of Appeals

     

    Location

  • City/Town:
    Naples
  • • Criminal

    Defendants / Respondents in the first instance

    Defendant:
    Massimo Marino De Caro
    Gender:
    Male
    Nationality:
    Italian
    Defendant:
    Herbert Schauer
    Gender:
    Male
    Nationality:
    German

    Court

    Court of Appeals of Naples