Four departments: The excavation of the ancient cultural site of Wenbao and the attempts of ancient tombs will be chased by criminal responsibility

The four departments such as the Supreme Law have issued new regulations, and the five categories of criminals that use destructive means to theft of non -moving cultural relics should be held criminally responsible.

In recent years, it has been driven by huge profits, and the crime of cultural relics has occurred from time to time, and it has shown new features such as professionalization, intelligence, and active underground cultural relic transactions. On September 5th, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the National Cultural Relics Bureau jointly released the "Opinions on Criminal Cases and other criminal cases such as obstructing cultural relics" (Gongtong Zi [2022] No. 18, hereinafter referred to as "Opinions "), Respond to the problem of the urgent need of solving the law in the practice of case handling.

The stolen ancient cultural sites and tombs have always been the focus and difficulties of the public security department. 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.

What are the scope of "ancient cultural sites and ancient tombs"? The "Opinions" stipulates that the ancient cultural sites and ancient tombs contained in 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; The ancient tombs shall be determined based on Article 8 and 15 of the "Interpretation of Criminal Crime", that is, it shall not be limited to the ancient cultural sites and tombs that have been announced as non -moving cultural relics.

In the case of digging ancient cultural sites and ancient tombs, there were many cases of attempts to dig out ancient cultural sites and ancient tombs. In this regard, the "Opinions" clearly states that in the case of attempts to excavate the attempts to be excavated as a national cultural relics protection unit, the ancient cultural sites of the provincial cultural relics protection units, and the tomb of the tomb, the criminal responsibility shall be investigated.

my country's cultural relics are abundant, and more than 760,000 non -moving cultural relics are known. According to reports, the criminal gangs are mainly theft of non -moving cultural relics in practice for cases of theft of non -mobile cultural relics with destructive means. The level or value itself is low, or the level or value is determined by severe damage, resulting in the perpetrators failed to get an adaptive punishment in the end.

Based on this, the "Opinions" stipulates that the theft of the theft of the theft of the ancestors, murals, sculptures, stone carvings, etc. in key cultural relics protection units and provincial cultural relics protection units, and damage the history, art, and scientific value of cultural relics. " Destructible means to theft of non -moving cultural relics should be held criminally responsible.

Underground cultural relics transactions are active, and indirectly helped the wind of stealing and theft of cultural relics. The crimes involved in underground cultural relics transactions are mainly to cover up, conceal the crime of crimes and sell 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" crime of selling cultural relics has always been difficult.

In order to more accurately determine the concealment, concealing and reselling behavior, the "Opinions" clearly states that whether it is "knowing" whether it belongs to the "knowing" of whether it is concealing and concealing the crime, it should be combined with the perception of the perception, the past experience, the profitability, the appearance of the cultural relics, the form of cultural relics, and the form of cultural relics. 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. For example, contact transactions are used to use black words, dark words, etc.; evading inspections through disguise, hidden cultural relics, etc., or resisting inspections in the form of violence; Or have been punished by administrative penalties within two years; other evidence is sufficient to prove the situation that the actor should know. With one of the above situations, if the actor cannot make a reasonable explanation, it can determine that it "knows", except for the opposite evidence.

Source: Surging News

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