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Illegal excavation of ancient tombs is suspected of the crime of illegal excavation of ancient tombs.
Article 328 of the Criminal Law of the People's Republic of China: Whoever excavates ancient cultural sites or ancient tombs with historical, artistic, or 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; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given:
1) Illegally excavating ancient cultural sites or tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units;
2) The ringleaders of groups that steal and excavate ancient cultural sites and ancient tombs;
3) Repeatedly excavating ancient cultural sites or tombs;
4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.
Illegal excavation of ancient human fossils and vertebrate fossils of scientific value under state protection shall be dealt with in accordance with the provisions of the preceding paragraph.
Penalize. <>
Article 328 of the Criminal Law of the People's Republic of China.
Whoever excavates ancient cultural sites or ancient tombs with historical, artistic, or scientific value is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment, life imprisonment or death is to be given, and a concurrent fine or confiscation of property is to be given:
1) Illegally excavating ancient cultural sites or tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units;
2) The ringleaders of groups that steal and excavate ancient cultural sites and ancient tombs;
3) Repeatedly excavating ancient cultural sites or tombs;
4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.
Illegal excavation of ancient human fossils and vertebrate fossils of scientific value under state protection shall be dealt with in accordance with the provisions of the preceding paragraph. Penalize.
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Illegal excavation of ancient tombs is suspected of the crime of illegal excavation of ancient tombs. Our country is rich in cultural relics, a considerable part of which are recognized as treasures by the whole world. The act of stealing and excavating ancient cultural sites and tombs not only causes a serious loss of cultural relics, but also causes many cultural relics to lose their historical, artistic, and scientific value due to the loss of protection, and some even cause direct destruction of cultural relics, so this kind of behavior has serious social harm.
Among them, the ancient cultural sites include grottoes, dungeons, ancient buildings, etc., and the ancient tombs include the emperor's mausoleum, the tomb of revolutionary martyrs, etc.
The crime of excavating ancient tombs will be prosecuted for the following criminal liabilities:
1. may be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
2. Whoever excavates an ancient tomb and causes serious losses or other statutory circumstances may be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated.
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Article 328 of the Criminal Law: Whoever completes the theft and excavation of ancient cultural sites or tombs with historical, artistic, or scientific value is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and the difference is to be returned and fined; In any of the following circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given: (1) Illegally excavating ancient cultural sites or tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units; 2) The ringleaders of groups that steal and excavate ancient cultural sites and ancient tombs; 3) Repeatedly excavating ancient cultural sites or tombs; 4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.
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Legal Analysis: Excavating Ancient Tombs is a Crime. According to the provisions, those who commit the crime of robbing tombs shall be sentenced to three years in prison, because it has been clearly stipulated that there is the crime of robbing and excavating ancient tombs, and if the circumstances are not particularly serious, there is no upper limit for three years imprisonment, and if it is very serious, the punishment corresponding to such a provision is that the death penalty is delayed.
Where the crime of theft and excavation of ancient cultural sites or ancient tombs is committed and the circumstances are relatively minor, it is the cause of punishment for the crime of theft and excavation of ancient cultural sites or ancient tombs. The circumstances here are relatively minor, which refers to the theft and excavation of ancient cultural sites and ancient tombs, where the damage to cultural relics is relatively small, and there are no damage to cultural relics, or there are other relatively minor circumstances.
Legal basis: Article 328 of the Criminal Law Whoever excavates ancient cultural sites or ancient tombs with historical, artistic, or 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; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a concurrent fine; In any of the following circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given: (1) Illegally excavating ancient cultural sites or tombs that have been designated as national key cultural relics protection units or provincial-level cultural relics protection units; 2) The ringleaders of groups that steal and excavate ancient cultural sites and ancient tombs;
3) Repeatedly excavating ancient cultural sites or tombs; 4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.
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According to Article 328 of the Criminal Law, whoever excavates ancient cultural sites or tombs with historical, artistic, or 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; where the circumstances are more minor, the sentence is up to three years imprisonment, short-term detention, or a person under controlled release, and a concurrent fine.
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