Is there a model law for tomb robbery How to sentence How to sentence for tomb robbery

Whoever commits this crime in accordance with the provisions of Article 328, Paragraph 1 of the Criminal Law 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, and a concurrent fine. In any of the following circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property: (1) Illegal excavation of ancient cultural sites or tombs designated as national key cultural relics protection units or provincial-level cultural relics protection units; (2) The ringleader of the group of illegal excavation of ancient cultural sites and ancient tombs; (3) Repeatedly excavating ancient cultural sites and tombs; (4) Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics or causing serious damage to precious cultural relics.

It is also possible that: Article 324 deliberately destroys precious cultural relics protected by the state or is destroyed.

Cultural relics that have been designated as national key cultural relics protection units and provincial cultural relics protection units.

where they are to be sentenced to up to three years imprisonment or short-term detention and/or a fine;

where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given.

Provisions on the crime of stealing and excavating ancient cultural sites or ancient tombs, whoever illegally 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, and a concurrent fine.

Legal Analysis: Tomb robbery should be punished as the crime of stealing and excavating ancient cultural sites and ancient tombs. The sentencing for this offence is as follows:

1. Whoever commits this crime shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years and shall also be fined; 2. Where the circumstances of this crime are minor, a sentence of 3 years imprisonment, short-term detention or controlled release shall be imposed, and a certain fine shall be imposed.

Legal basis: "Criminal Law of the People's Republic of China" Article 328 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 a concurrent fine; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release, and a concurrent fine.

1. How to sentence tomb robbery.

1. The sentence for tomb robbery is generally based on the following sentences:

1) Whoever commits the general circumstance of stealing and excavating ancient cultural sites or ancient tombs shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years in accordance with law, and shall also be sentenced to a certain fine;

2) Whoever commits the theft and excavation of ancient cultural sites or ancient tombs, and the circumstances are minor, shall be sentenced to controlled release, short-term detention or fixed-term imprisonment of not more than three years in accordance with law, and shall be sentenced to a certain fine.

2. Basis of the law of justice and difference: Article 328 of the Criminal Law of the People's Republic of China.

Crime of Stealing and Excavating Ancient Cultural Sites or Ancient Tombs] Whoever illegally 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, 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 of limbs 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.

Crime of Stealing and Excavating Ancient Human Fossils and Ancient Vertebrate Fossils] Whoever excavates ancient human fossils or ancient vertebrate fossils of scientific value under state protection shall be punished in accordance with the provisions of the preceding paragraph.

2. What is the crime of tomb robbery?

Tomb robbery belongs to the crime of stealing and excavating ancient cultural relics and ancient tombs. Those who steal and excavate ancient human fossils and ancient vertebrate fossils of scientific value under state protection shall be punished in accordance with provisions. Those who steal and excavate ancient human fossils and ancient vertebrate fossils of scientific value under state protection shall be punished in accordance with provisions.

Those who steal and excavate ancient cultural sites or ancient tombs with historical, artistic, or scientific value are 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, and a concurrent fine. In any of the following circumstances, a sentence of not less than 10 years imprisonment or life imprisonment is to be given, and a fine or confiscation of property is based on the law: Article 328 of the Criminal Law: 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 a concurrent fine; where the circumstances are more minor, a sentence of up to three years imprisonment, short-term detention or controlled release, 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 ringleader of the group of illegal excavation of ancient cultural sites and ancient Danmo Zen 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 ancient vertebrate fossils of scientific value under state protection shall be punished in accordance with the provisions of the preceding paragraph.

This needs to be discussed in a matter of bright and bad situations. If it is an ordinary act of tomb robbery, the sentence will be three to ten years in prison if the circumstances are less serious, and more than 10 years if the circumstances are serious. Whoever steals the ancient cultural sites or ancient tombs of a national key cultural relics protection unit or a cultural relics protection unit at or above the provincial level shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, depending on the severity of the circumstances, and shall also be sentenced to a fine and a serious confiscation of property.

Whoever steals cultural sites or older tombs that have historical significance, 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 be fined accordingly.