The first case in the province!Xiamen is sentenced!

From 6600 yuan to 175,000 yuan

Ancient well circle

Pry away by illegal elements

Turning up

The value has skyrocketed 25 times

Stolen ancient well circle

This is not an ordinary well (referring to the edge of the ancient well, which is used to prevent the soil from slipping the bottom of the well. It is often used for protection, mostly pottery or stone), but a national three -level cultural relic. Theft of cultural relics is illegal, and buying and selling cultural relics is also illegal. The seven defendants who stole and resell cultural relics were tried to be tried by the Procuratorate of the Procuratorate of Siming District.

The Siming District Procuratorate also mentioned the first criminal attachment of civil interest in the field of cultural relics protection in the province.

Retrospective

The village is in demolition, and the three of them take advantage of it

The ancient well circle was identified as a national third -level cultural relic

In February 2018, Li Moumou gathered Yin Moumou and Chen Moumou, and went to a village in Jin'an District, Fuzhou City, which was demolished at night, and pried the "Mahayana Temple" in the village. The wells where the ancient well circle was listed as a district -level cultural relics protection unit as early as 1992, and the word "Tongzhi" was clearly left on the well circle. After that, Li Moumou sold the ancient wells to Zhan Moumou at a price of 6,600 yuan.

In March 2018, Zhan Moumou transported the ancient well circle to a ancient game city in Siming District, Xiamen City, and sold it to Hong Moumou for 13,000 yuan. From December 2018 to May 2021, the ancient well circle turned several times. The prices soared all the way, from 37,200 yuan to 112,000 yuan, and then rose to 175,000 yuan. Among them, Zheng Moujia was openly sold on the short video platform after acquiring the ancient well circle, and was eventually discovered by the public security organs. In October 2021, the ancient well was seized in Fengze District, Quanzhou.

It was identified by the Fujian Provincial Institute of Archeology that the ancient well was a national third -level cultural relic. At present, the ancient well circle was returned to the relevant functional departments of Jin'an District, Fuzhou City in January 2022, and was stored to the local cultural exhibition hall.

Case handling

Intervene in the investigation in advance to guide public security evidence to obtain evidence

Seven defendants were convicted

After the public security organs filed a case, the First Procuratorate of the Siming Procuratorate involved in the investigation of the case in advance to understand the facts and evidence of the case. In response to the focus of disputes in this case, such as: disputes in cultural relics and inconsistent supply of suspects, prosecutors have repeatedly guided the police handling police to supplement the relevant evidence materials, increase interrogation efforts, distinguish different crimes, and accurately determine.

In the end, the procuratorate of Siming District was suspected of theft of Li Moumou, Yin Moumou, and Chen Moumou. The Ming District People's Court filed a public prosecution.

On August 29, 2022, the first instance of the Siming District People's Court sentenced Li Mou to three years in prison and fined 3,000 yuan. 3,000 yuan; Chen Moumou was sentenced to one year or six months, two years of probation, and a fine of 3,000 yuan.

On August 30, 2022, the first trial was sentenced to one year and seven months in prison for Zhanmou, and a fine of 10,000 yuan was fined; 10,000 yuan; Zheng Moujia sentenced to one year or four months, one year and six months in probation, and fined 10,000 yuan; Gold RMB 10,000.

Public interest

Compensation to return the necessary costs of cultural relics, apologize for publicly

Three defendants bear civil liability

The Siming District Procuratorate discovered the clues of public interest litigation in a timely manner during the case, and the criminal procuratorial department was closely collaborated with the public interest litigation procuratorial department. While investigating the criminal responsibility of the defendant, the Siming District Procuratorate filed a criminal attached civil public interest lawsuit. The public interest litigation procuratorial department carried out detailed evidence collection demonstrations on many aspects such as the extent of the historical style of the well in the wells, and the expenses generated by the transshipment of theft of cultural relics.

The prosecutor of the prosecutor of the public interest litigation stated that the Shijing circle stolen by Li Moumou, Yin Moumou, and Chen Moumou is part of the Song Dynasty well in a village protected by the country. Higher cultural relics value. The stolen circle of the well destroyed the historical style of the well in the Song Dynasty, and it was the destruction of humanities' relics. Although the stolen goods have been recovered, the state and social public interests are damaged, and the offenders shall bear the civil liability of compensation and apology in accordance with the law.

After trial, the three defendants reached a mediation agreement with the procuratorate in accordance with the appeal of public interest litigation: the reasonable and necessary costs of more than 7,000 yuan in reasonable and necessary costs caused by returning and protecting the stolen cultural relics, and apologized for publicly in the media at or above the provincial level.

Source: Xiamen Procuratorate, Siming Procuratorate

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