Holy See (Vatican City State)

A protest action occurred in the Vatican Museums, where climate activists from Ultima Generazione glued their hands to the base of the renowned Laocoön sculpture, dating from 40–30 BCE. The activists also displayed a banner stating (in Italian), “Last Generation: No gas and no carbon.” Subsequently, they were prosecuted under the Vatican Penal Code for wanton destruction of property. The Governorate of the Vatican City State participated as a civil party in the proceedings, filing a claim for damages and seeking compensation for restoration costs and the intrinsic loss of value to the sculpture.

Before the Tribunal of Vatican City, the court of first instance, the issue was whether the activists' act of gluing their hands to a public monument (the base of the Laocoön sculpture) constituted "wanton destruction of property" under the Penal Code. Specifically, the question was whether the use of glue, which caused permanent damage to the marble base but not to the sculpture itself, met the threshold for intentional damage as defined by the Penal Code. The prosecution argued that the sculpture's status as a significant historical and artistic cultural artifact constituted an aggravating factor under Vatican Law No. VIII (July 11, 2013). The defense contended that the defendants’ motivation—to protest climate change—should be considered a mitigating factor in assessing their criminal liability and sanctions. Additionally, the court examined the degree of criminal intent involved in the defendants’ actions.

The Tribunal found the defendants guilty of wanton destruction of property under the Vatican Penal Code due to the damage inflicted on the base of the Laocoön Group sculpture. It considered the sculpture's status as a protected cultural property under Vatican Law No. VIII of July 11, 2013 (a monument of inestimable historical and artistic value) as an aggravating factor. The Tribunal rejected the defense's argument that the protest’s motivation (climate activism) should serve as a mitigating factor. Two defendants were sentenced to nine months of imprisonment, conditionally suspended for five years, and fined. The third defendant was only fined for her role in the protest, as she was found liable for resisting law enforcement and supporting the demonstration. As the civil party, the Governorate of Vatican City was awarded financial compensation for restoration expenses and the intrinsic loss in value of the artwork. The defendants were also ordered to pay legal costs associated with the proceedings.

The two defendants sentenced to imprisonment subsequently appealed to the Court of Appeals. The appellate court largely upheld the first-instance ruling in all respects. Discussions before the Court of Appeals focused on the appellants’ degree of criminal intent. The court found that their reckless intent satisfied the threshold required to establish criminal liability under Vatican law, thereby justifying the convictions and penalties imposed by the Tribunal. Additionally, the appellate court addressed the classification of the defendants’ actions, particularly the extent of the damage caused by the adhesive. The appellants argued that their actions should be classified as defacement or less severe damage rather than aggravated damage. However, the Court of Appeals affirmed the classification as aggravated damage and upheld the first-instance verdict.

Holy See (Vatican City State)

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