FONDAZIONE GIUSEPPE FORTUNATO

Certifications of Authencity

L 20/11/1971 Num. 1062
Law 20 November 1971, n. 1062 (in Gazz. Uff., 17 December, n. 318).
Criminal laws on counterfeiting or the alteration of works of art.

The Chamber of Deputies and the Senate have approved and the President of the Republic proclaims the following Law/Act:

Article 1
Art. 1. The act of exhibiting or retailing any works of art, sculpture, graphics, or objects of antiquity, historical or archaeological interest is subject to, except where as specifically provided by this Act, the provisions the of Law of 11 June 1971, n. 426. All those who wish to pursue one of the activities mentioned in the preceding paragraph shall be entered in a special section of the registry established by Art.1 of the Law of 11 June 1971, n. 426. The membership is also mandatory for the study of art or similar institutions where they practice the sale or exhibiting of works for sale at the end of objects listed in the first paragraph. The authorisation to exercise the type of activity, which has been obtained by entry into the register of trade operators to be issued by the Mayor of the jurisdiction under Art.24 of the Law of 11 June 1971, n. 426; this authorisation is not subject to the constraints arising from the plans of development and adjustment, as provided in Chapter II of the Act.

Article 2
Art. 2. Whoever exercises an activity under Art.1 must make available a document of authentication and provenience for the works of art and or the objects indicated to the buyer, however they are found. At the moment of selling, the owner of the company or the exposition must give the buyer a photocopy of the item or work of art with the insurance of authenticity and indication of provenience, followed by the owner’s signature.

Article 3
Art. 3. Whoever, in order to reap illegal profits, counterfeit, alter or reproduce a work of art, sculpture or graphic, or an object of antiquity, archaeological or historical interest shall be punished with imprisonment from three months to four years and with a fine between one hundred thousand and three million lire. The same penalty is awarded to people who, even though they haven't taken part in forgery, alteration or reproduction, put in commerce, or kept for commerce, or introduced for this reason in the State's territory, or put into circulation, as authentic, forged examples altered or reproduced works of art, sculpture, graphics or antique objects of historical or archaeological interest.

Article 4

Art. 4. Under the same penalties listed in the previous subject: 1) any person, knowing the false authenticity of works or objects listed in previous articles, counterfeit, altered or reproduced, and 2) any person through other statements, expert reports, publications affixing stamps or labels or any other credits or contributes to credit, knowing the falsehood, such as the authenticity of the works or objects listed in previous articles, counterfeit, altered or reproduced.

Article 5

Art. 5. If the facts mentioned in the previous two articles are in the exercise of a trade, the penalties are increased. The sentence also follows the suspension of the administrative year, for a maximum of six months. The subscription to Article 1 is revoked if the offender has incurred in repeated aggravated by the expected numbers 1 and 2 of the second paragraph of Art.99, of the Criminal Code.

Article 6
Art. 6. The sentence for the offences referred to in the previous articles are published in three newspapers with national circulation designated by the court and published in three different locations. The court ruling in the case determines whether it should be published in whole or in part. This will be carried out at the expense of the offender.

Article 7

Art. 7. It is always ordered that the altered or counterfeit copies of reproduced works or objects mentioned in previous articles are to be confiscated, except for items belonging to a person unrelated to the offence. Property confiscated under the preceding paragraph shall be kept, with no time limits, and put up for sale at auction from the body of evidence.

Article 8

Art. 8. The penal provisions referred to in the articles do not apply to those who reproduce, hold, offer for sale or otherwise distribute copies of works of art, sculpture or graphic, or copies or imitations of objects of antiquity, archaeological or historic interest, when expressly declared as non original, at the exhibition or sale, by a written on or about when this is not possible because of the nature or size of the copy or imitation, and in a statement issued during the exhibition or sale. Not applying equally to the restoration of art that has not been restored in a way determining it to be the original work. The auction sales of the illegal works are an obligation to the proceeding to provide the form of advertising, with annotations and explanations given in the first paragraph on the non authenticity of the works and objects confiscated.

Article 9
Art. 9. In criminal proceedings for offences described in the articles, until it has established the register of technical consultants in the field of works of art, the court must make use of experts designated by the Minister for Education, which they are required to hear from, depending on the nature of the work or the object of which assumes no authenticity, the description of the relevant section of the High Council of Fine Arts. In cases of works of modern and contemporary art, the judge is required to take the artist as a witness to the work of art who is attributed to or the work itself is signed by.

Giuseppe Fortunato Foundation Official Publication – Cingoli - January 2009

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QUOTATION


The Foundation provides protection to all Collectors, avoiding inconsistencies and abuse of pricing and publications and it annually gives updates on the market prices which in turn relate to the main formats and technical specifications of the works of Giuseppe Fortunato.

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Giuseppe Fortunato Foundation Official Publication – Cingoli - January 2009

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