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In accordance with the provisions of 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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Article 328 of the Criminal Law stipulates that whoever steals and 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 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. If the excavation of ancient cultural sites or ancient tombs is relatively small and does not cause damage to cultural relics, or there are other relatively minor circumstances, the punishment may be reduced.
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Theft of ordinary graves, and the amount of stolen property reaches the standard for filing a case, is suspected of the crime of theft. Anyone who steals property from an ordinary grave with a value of 1,500 yuan or more will be sentenced to imprisonment for up to three years; where the amount stolen is more than 40,000 yuan, the sentence for trapped oranges is 3 to 10 years in prison; If the amount stolen is more than 350,000 yuan, the sentence is not less than 10 years imprisonment or life imprisonment. The crime of illegal excavation of ancient tombs refers to the act of stealing and excavating ancient tombs with historical, artistic and scientific value, which is punishable by fixed-term imprisonment of not less than three years but not more than ten years and a fine; where the circumstances are more minor, they will be sentenced to fixed-term imprisonment of not more than three years, short-term detention, or controlled release with the person who talks with the ruler, and shall also be fined; Particularly serious acts such as stealing and excavating ancient tombs of national key cultural relics protection units and provincial-level cultural relics protection units shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated property.
Article 328 of the Criminal Law of the People's Republic of China.
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. Illegal excavation of ancient human fossils and ancient vertebrate fossils of scientific value protected by the state shall be punished in accordance with the provisions of the preceding paragraph.
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According to the law, where a gang robbery constitutes a crime, it can generally 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, they can generally be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine; Where there are circumstances provided for by law, a sentence of 10 or more years imprisonment, life imprisonment, or the death penalty may generally be given, and a concurrent fine or confiscation of property.
[Legal basis].
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 is to be given; 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 ancient 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 stealing and 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.
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Legal Analysis: 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: 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; the ringleader of the group of illegal excavation of ancient cultural sites and ancient tombs; Repeatedly stealing and excavating ancient cultural sites and tombs; Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics.
Legal basis: 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 or life imprisonment is to be given, and a concurrent fine or confiscation of property is to be given:
Illegal excavation of ancient cultural sites and ancient tombs identified as national key cultural relics protection units and provincial cultural relics protection units, and the ringleaders of ancient tomb groups: repeatedly illegally excavated ancient cultural sites and ancient tombs; Stealing and excavating ancient cultural sites or tombs, stealing precious cultural relics, or causing serious damage to precious cultural relics. Illegal excavation of fossils of the ancient morphological deficit and ancient vertebrate fossils protected by the state with scientific value shall be punished in accordance with the provisions of the preceding paragraph.
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Where multiple tomb robberies by gangs constitute the crime of robbing ancient tombs, the specific sentencing circumstances shall be determined by the judge within the scope of the legally-prescribed sentence based on the circumstances of the crime, the subjective attitude of the criminal subject, and so forth. Repeated tomb robberies are aggravating circumstances of the crime of illegal excavation of ancient tombs, and the statutory penalty is 10 or more years imprisonment or life imprisonment, and a concurrent fine or confiscation of property.
Legal Basis].
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 for early burial 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 the state of precious cultural relics.
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