According to Article 328 of the Criminal Law of People's Republic of China (PRC):
Crime of excavating ancient cultural sites and ancient tombs Whoever excavates ancient cultural sites and ancient tombs with historical, artistic and scientific value shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated:
(1) Stealing and excavating ancient cultural sites and ancient tombs identified as national key cultural relics protection units and provincial cultural relics protection units;
(two) the ringleader of the group that steals and digs ancient cultural sites and ancient tombs;
(three) repeated excavation of ancient cultural sites and ancient tombs;
(four) excavating ancient cultural sites and ancient tombs, stealing precious cultural relics or causing serious damage to precious cultural relics.
Crime of excavating ancient human fossils and ancient vertebrate fossils Whoever excavates ancient human fossils and ancient vertebrate fossils with scientific value protected by the state shall be punished in accordance with the provisions of the preceding paragraph.
Extended data:
1, according to Article 324th of the Criminal Law of People's Republic of China (PRC):
Crime of Intentional Destruction of Cultural Relics Whoever intentionally destroys precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever intentionally destroys scenic spots protected by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined.
Crime of Negligent Destruction of Cultural Relics Whoever negligently destroys precious cultural relics under state protection or cultural relics designated as national key cultural relics protection units or provincial cultural relics protection units, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
2. According to Article 264 of the Criminal Law of People's Republic of China (PRC):
Theft: Whoever steals public or private property in a relatively large amount, or commits theft, burglary, theft with a weapon or pickpocketing for many times, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined.
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
3. Related events
In the first half of 2065438+2008, Shanxi public security organs destroyed the criminal group that had occupied Wenxi area in Shanxi for more than ten years, and recovered 2895 stolen cultural relics, including 24 national first-class cultural relics.
After the gang was destroyed, the police continued to pursue it. As of August 8, Shanxi police cracked 325 criminal cases related to the gang and arrested 466 suspects.
In July this year, all the people involved in the tomb robbery case in Dulan, Qinghai Province arrived at the case, and the cultural relics were not lost, and the chain of evidence was closed, effectively cracking down on cultural relics crimes. This case involves 646 pieces of cultural relics, 6 pieces of first-class cultural relics/kloc-0, and 26 people involved.
Since the beginning of this year, grave robbery cases in Shanxi and Dulan, Qinghai have been cracked one after another. The number of cultural relics involved in such cases, the high level of cultural relics and the large number of criminals have attracted the attention of all parties.
In the case of grave robbery in Shaanxi, the principal criminals were four brothers, Hou Jinfa, Hou Jinjiang. In the local area, Hou Shi's four brothers not only robbed ancient tombs, but also committed many illegal and criminal acts, such as opening casinos, occupying mines, lending a lot, and violently collecting debts.
According to the police section handling the case, the criminal gang is well organized. After exploring the tomb, the tomb was robbed that night and the division of labor was clear.
After a lot of investigations, inquests and interrogations, the public security organs found out that the suspects Xia Moumou, Zhang Mou, Suo Moumou, Su Mokui and others had planned to rob the tomb in Dulan since 20 17 1 1.
After field reconnaissance, the location of excavation was determined. Han Wan Li, Zhang, Ye Mosong, Kong, Zhu Mohai and others who had the skills of excavating ancient tombs gathered in Dulan from Henan and other places, and Zhu Mohai contacted Sun, who had certain economic strength, to contribute.
And agree on the rules for sharing stolen goods. In dulan county, shovels, ropes, picks, woven bags, cloth and other crime tools were prepared, and Su Mokui prepared vehicles and transported them to the sheepfold tomb on the east side of the No.1 tomb in Reshui Township for illegal excavation.
After many unsuccessful robberies, the gang moved to the east platform of Wei Xue No.1 Tomb ("Nine-story Demon Tower") for excavation. Two nights, 646 cultural relics were stolen, and it was agreed to find a buyer to sell the stolen goods until the case was arrested by the public security organs.
Lu, captain of the criminal police detachment of the Public Security Bureau of Haixi Mongolian and Tibetan Autonomous Prefecture, said that after analysis and summary, this crime showed the characteristics of collusion between locals and outsiders, clear division of labor and the formation of gangs.
In recent years, the trend of professionalization and intelligence of cultural relics crimes is obvious, and crimes are becoming more and more hidden. The situation of combating and preventing cultural relics crimes is very grim. Relevant statistics show that since 20 14, the public security organs throughout the country have filed about 2,000 cultural relics crimes every year.
Liu Mingwei, director of National Cultural Heritage Administration Supervision Bureau, said that the number of cultural relics crimes is increasing year by year, and the means of cultural relics crimes are escalating in some areas. Although the crackdown is increasing, the momentum of the case has not been completely contained.
"Every year, cases of robbing ancient tombs and sites account for more than half of cultural relics crimes, and even some violent cases have occurred."
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law
People's Daily Online-Multi-departments joined hands to crack down on grave robbery, and successively cracked serious grave robbery cases.