The two high schools and the National Cultural Relics Bureau jointly issued opinions to clearly determine the management behavior of related impedance cultural relics

Cultural relics carry splendid civilization, inherit history and culture, maintain national spirit, and protect cultural relics in contemporary and benefit. In recent years, under the strong crackdown and strict precautions of the public prosecutor's organs and cultural relics administrative departments, the momentum of cultural relics is effectively curbed; On September 5, Hongxing News was informed from the Supreme Law that the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the State Cultural Relics Bureau jointly formulated the "Opinions on Criminal Cases such as obstructing cultural relics management" (hereinafter referred to as the "Opinions") It was released on September 5, 2022.

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Punishment of cultural relics crime has the latest legal opinions

The jurisdiction of cultural relic crimes is further clarified

According to reports, the "Opinions" emphasize the importance of punishing cultural relics and strengthening the protection of cultural relics in accordance with the law, and requires people's courts at all levels, people's procuratorates, public security organs, and cultural relics administrative departments to punish and effectively prevent cultural relic crimes in accordance with the law, and effectively protect the safety of national cultural heritage. The main content of the "Opinions" includes four aspects.

The first is to further clarify the identification of related impedance cultural relics management behaviors. The "Opinions" clearly stifled that the ancient cultural sites and the ancient tomb parts contained in non -moving cultural relics such as ancient buildings, grotto temples, is in line with Article 328 of the Criminal Law in order to stole the ancient cultural sites and ancient tombs. Criminal liability and clarify the criteria of "multiple stolen". In response to the use of destructive means to theft of non -moving cultural relics, and at the same time, the crime of other cultural relics is constituted, and the "Opinions" clearly select a felony theory. Based on the practice of case handling, the "Opinions" also provided guidelines for concealing and concealing the "knowing" of the offended crimes and the "profit -based" determination in the crime of selling cultural relics.

The second is to further standardize the identification and appraisal procedures involved in the case. The "Opinions" clearly determine whether the cultural relics involved in the cultural relics belong to the ancient cultural ruins and the tombs, whether it has historical, artistic, scientific value, and the degree of damage and value of the damage caused by the behavior of the behavior. The appraisal evaluation is required to be issued in accordance with the procedures and format texts stipulated in the "Administrative Measures for the Appraisal Evaluation of the Cases".

The third is to further clarify the jurisdiction of cultural relic crimes. According to the "Opinions", the criminal land of cultural relic crimes includes both tool preparation, exploration, and stolen land, as well as the actual gains, hidden, transfer, processing, storage, etc. of the cultural relics involved in the case to solve the practice in practice The jurisdiction of "things and cases". At the same time, in order to find out the facts and improve the efficiency of case handling, the Opinions also stipulated the case handling of criminal cases that have obstructed cultural relics management.

The fourth is to further implement the criminal policy of leniency and strictness. The "Opinions" stipulates that those who start a major crime may determine the main criminals in accordance with the law, and combat cultural relics criminal networks in full -chain; if they shall implement relevant crimes of criminal personnel and pre -crime staff and national staff, they may be punished as appropriate; For those who have surrendered, meritorious, pleaded guilty, etc., they are treated in accordance with the law. At the same time, the "Opinions" also requires a good job of punishment and comprehensively cracking down on cultural relics.

Clarify the identification of the attempt to steal the ancient cultural sites and the ancient tombs

In response to the specific application of the crime of stealing ancient cultural sites and ancient tombs, the relevant person in charge stated that the application of the crime reflected in practice has improved the application of the crime.

The first is to further clarify the scope of "ancient cultural sites and ancient tombs". At present, relevant laws and regulations or judicial interpretations have not clearly defined the specific scope of ancient cultural sites and ancient tombs, which leads to how to exist in practice in practice to digging ancient cultural sites or ancient tombs or ancient tombs such as ancient buildings, cave temples, etc. Know the difference.

In this regard, the "Opinions" stipulates that the ancient cultural sites and ancient tombs contained in the non -moving cultural relics such as ancient buildings, grotto temples, etc., should also be identified as criminal objects that stolen ancient cultural sites and ancient tombs; Cultural sites and ancient tombs shall be determined based on Article 8 and 15 of the Interpretation of Criminal Criminals, that is, it shall not be limited to the ancient cultural sites and ancient tombs that have been announced as non -mobile cultural relics.

The second is to clarify the identification of the excavation of ancient cultural sites and the attempt to be ancient tombs. Digging ancient cultural sites and tombs have always been the focus and difficulty of blows. According to statistics, from 2017-2021, a total of 3058 new cases of various types of criminal cases were collected in the first instance of the national courts, of which more than 80%of the number of ancient cultural sites and ancient tombs were excavated. In practice, there are many cases of theft of ancient cultural sites and ancient tombs, and the harm cannot be ignored.

The "Opinions" states that the criminal responsibility shall be investigated for criminal responsibility for the case of attempts to be discovered as a national key cultural relics protection unit, provincial cultural relics protection units, and ancient tombs.

The relevant person in charge said that the crimes involved in underground cultural relics transactions were mainly concealing, crime of concealment of crimes and selling cultural relics.In practice, the judgment of subjective elements such as "knowing" in the crime of covering up and concealing crime and the "profit -based" in the crime of selling cultural relics has always been difficult.A comprehensive review and judgment of multiple subjective factors such as transaction prices.If you have a specific contact transaction method, escape or violent resistance inspection, and the pre -department of cultural relics crimes, the perpetrator cannot make a reasonable explanation, and he can identify it "knowing";The actor's employment experience, illegal criminal records, transactions, and cultural relic sources are conducted for comprehensive review and judgment.Red Star reporter Wu Yang Beijing report

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