How to judge whether it is a crime of smuggling cultural relics
In our country, the crime of smuggling cultural relics only targets the export (exit) link. The main basis for determining whether it constituted the crime of smuggling cultural relics was as follows: ** 1. Nature of behavior ** If there was a violation of customs regulations and the smuggling of cultural relics prohibited by the country, it might constitute this crime. ** 2. Conviction and Sentencing ** 1. ** Judging by the level and quantity of cultural relics ** - Smuggling two or less Class 3 cultural relics that are prohibited by the state from being exported can be regarded as a "minor case". - Smuggling less than three Class II cultural relics that are prohibited from being exported by the state, or more than three but less than nine Class III cultural relics; Smuggling less than three Class III cultural relics that are prohibited from being exported by the state, and causing serious damage to the cultural relics or making it impossible to recover them, etc., belongs to the "ordinary circumstances". - Those who smuggle more than one first-class cultural relic, or more than three second-class cultural relics, or more than nine third-class cultural relics that are prohibited from export by the state; those who smuggle cultural relics that reach the standard of "ordinary circumstances" and belong to the ringleaders of criminal groups who use special vehicles to engage in smuggling activities, or cause serious damage to cultural relics and cannot be recovered, etc., belong to "especially serious circumstances". 2. ** Judging by the value of cultural relics ** - When the level of cultural relics cannot be determined, or when the conviction and punishment according to the level of cultural relics are obviously too light or too heavy, the conviction and punishment can be determined according to the value of the smuggled cultural relics. - If the value of the smuggled cultural relics is more than 200,000 yuan but less than 1 million yuan, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years for the crime of smuggling cultural relics and fined. - If the value of the cultural relics was more than one million yuan, it should be determined that the circumstances were especially serious. - If the value of a cultural relic is more than 50,000 yuan but less than 200,000 yuan, it shall be deemed as "minor circumstances". In addition, if the case involved cultural relics of different levels, the sentence would be given according to the range of high-level cultural relics; if there were many cultural relics of the same level, five cultural relics of the same level would be regarded as a higher-level cultural relic, except for those whose values were obviously not equal. At the same time, the appraisal and evaluation of the cultural relics involved in the case is a professional issue. In 2018, the Supreme People's Court, the Supreme People's Court, the State Administration of Cultural Relics, the Ministry of Public Security and the General Administration of customs jointly promulgated the Administrative Methods for the Appraisal and Evaluation of Cultural Relics involved in the case, which makes provisions on the special issues related to the appraisal and evaluation of cultural relics. In judicial practice, it is necessary to judge whether the appraisal and evaluation results constitute a crime and the severity of the punishment. Read more exciting novels for free
What is the crime of smuggling cultural relics
The crime of smuggling cultural relics referred to the act of violating customs regulations and smuggling cultural relics that were prohibited by the state from being imported. In our country, the crime of smuggling cultural relics only targets the export (exit) link. According to the provisions of the current criminal law, those who smuggle out cultural relics prohibited by the state to meet the standard of conviction shall be convicted and punished for the crime of smuggling cultural relics; those who smuggle in cultural relics shall be convicted and punished for smuggling ordinary goods and articles if they evade the state's taxes and meet the standard of conviction. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What are the criteria for determining the crime of smuggling cultural relics?
The determination of the crime of smuggling cultural relics needs to be considered from the following aspects: 1. The object of this crime is the export prohibition system in the country's foreign trade management. The target of the crime is the cultural relics with important historical, artistic, and scientific value that the country forbids to export. 2. ** objective aspect **: It is manifested as violating customs regulations, evading customs supervision, and illegally carrying, transporting, and mailing cultural relics that are prohibited from being exported by the country to the border. 3. ** Main body **: The main body is a general main body, including units and individuals. 4. ** Subjective aspect **: Subjectivity must be intentional, that is, knowing that the cultural relics are prohibited from being exported by the country, but still determined to illegally carry, transport, and mail them out of the country (border). At the same time, the distinction between the crime of smuggling cultural relics and non-crime should be grasped from both subjective and objective aspects. Subjectively, if the perpetrator did not know that what he was carrying was a cultural relic or that it was a cultural relic that was prohibited from being exported by the state, even if he had carried it, it would not constitute this crime; objectively, if the cultural relic that was transported, carried or mailed was not prohibited from being exported by the state, it would belong to the general smuggling behavior rather than the crime of smuggling cultural relics. Moreover, we should pay attention to the boundary between the crime of reselling cultural relics and the crime of smuggling cultural relics. The two crimes violate the object. The crime of reselling cultural relics violates the national cultural relics management system, while the crime of smuggling cultural relics violates the national foreign trade control. Subjectively, the crime of reselling cultural relics is for profit, while the crime of smuggling cultural relics has no requirement on the purpose of the crime. If the cultural relics are transported, purchased or sold to the inland sea or territorial sea, which are prohibited by the country from being exported, they should be punished for smuggling rather than reselling cultural relics. In addition, the relevant judicial interpretation of the "severity of the case" standard was based on the level and quantity of smuggled cultural relics. For example, smuggling two or less Class 3 cultural relics prohibited by the state could be considered as "minor circumstances". <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Punishment for smuggling cultural relics
According to the criminal law of our country, there are three levels of punishment for the smuggling of cultural relics that are prohibited by the state: 1. General situation: Imprisonment for five to ten years and a fine. According to the second paragraph of article 9 of the Supreme People's Court and Supreme People's Court's Interpretation on Several Questions Regarding the Law in Dealing with Smuggling Criminal cases in 2014, anyone who has any of the following circumstances shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined in accordance with the second paragraph of article 151 of the Criminal Law: - Smuggling Class I and Class II protected animals that meet the quantity standards specified in (1) of the attached table of this interpretation; - Smuggling precious animal products in an amount of more than 200,000 yuan but less than 1 million yuan; - Smuggling Class I and Class II protected animals that do not meet the quantity standards specified in (1) of the attached table of this interpretation, but have caused the death of the precious animals or are unable to be recovered. 2. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be sentenced to the forfeit of property. According to the third paragraph of article 9 of the Supreme People's Court and Supreme People's Office's Interpretation on Several Questions Regarding the Law in Dealing with Criminal Smuggling cases, any of the following circumstances shall be deemed as "especially serious" as stipulated in the second paragraph of article 151 of the Criminal Law: - Smuggling Class I and Class II protected animals that meet the quantity standards specified in the attached table (II) of this interpretation; - Smuggling precious animal products in an amount of more than one million yuan; - Smuggling Class I and Class II protected animals that meet the quantity standards specified in (1) in the attached table of this interpretation, and are the ringleaders of criminal groups, using special vehicles to engage in smuggling activities, or causing the death of the precious animals and the inability to recover them. 3. If the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined. If a unit commits such a crime, it shall be fined, and the person in charge and the person directly responsible shall be punished in accordance with the provisions of the above-mentioned articles. In addition, if the smuggling of cultural relics constituted a crime, criminal responsibility shall be investigated according to law; if it constituted smuggling but did not constitute a crime, the customs shall punish it in accordance with the relevant laws and administrative regulations. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What is the maximum penalty for smuggling cultural relics?
The maximum penalty for smuggling cultural relics was life imprisonment. If the smuggling of cultural relics prohibited by the State is particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and the forfeit of property; if the circumstances are less serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years and a fine; under normal circumstances, the smuggling of cultural relics prohibited by the State shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years and a fine. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Is the sale of stolen cultural relics counted as the crime of reselling cultural relics
The sale of stolen cultural relics not only constituted the crime of reselling cultural relics, but also could constitute theft and other crimes. The crime of reselling cultural relics referred to the act of reselling cultural relics prohibited by the state for profit. The circumstances were serious. The theft of cultural relics was an act of illegally obtaining the ownership of cultural relics. The subsequent sale of the stolen cultural relics was a further punishment for the illegal acquisition of cultural relics. Under the conditions of "for profit","selling cultural relics prohibited by the state", and "serious circumstances", it naturally constituted the crime of reselling cultural relics. At the same time, theft also violated the relevant laws and regulations of theft and would be subject to corresponding multiple legal punishments. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The tools of crime become cultural relics
In the process of archeology, it was sometimes discovered that the tools of crime had become cultural relics. For example, in the Western Han royal tomb discovered in Lu 'an, Anhui Province, the tomb robbers left behind porcelain bowls, pottery bowls, iron axes, and other tomb robbing tools. Although they were used for tomb robbing, they had now become precious cultural relics. There was also the discovery of candlesticks from the Jin Dynasty in a tomb of the Han Dynasty. The tools left behind by these grave robbers crossed the dynasties and became cultural relics over time to witness the changes in grave robbing techniques. These crime tools became cultural relics, reflecting the broad concept of cultural relics and the variety of archaeological discoveries. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Regulations on the Sentencing of the Crime of Reselling Cultural Relics
The penalty for the crime of reselling cultural relics is as follows: 1. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. For example, for the purpose of profit, reselling a Level 3 cultural relic, or reselling a transaction amount of more than 50,000 yuan. 2. If the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined. For example, reselling Level 2 or above cultural relics, reselling more than three Level 3 cultural relics, or reselling more than 250,000 yuan. 3. If a unit commits such a crime, it shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned provisions. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The content of the law on the crime of reselling cultural relics
According to the Criminal Law of the People's Republic of China, anyone who resells cultural relics prohibited by the state for profit, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined; if the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined. If a unit commits this crime, the unit shall be fined, and the person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned provisions. Reselling referred to the act of selling or buying cultural relics that were prohibited by the state for profit. The object of reselling could only be cultural relics that were prohibited by the state. To constitute the crime of reselling cultural relics, it was also required to have serious elements. For example, reselling Class III cultural relics, if the amount of illegal profits was large, if the amount of illegal business was large, or reselling cultural relics below Class III for many times, reselling many cultural relics below Class III, etc., were serious circumstances; Reselling Class II cultural relics, reselling Class I cultural relics, if the amount of illegal profits was huge, if the amount of illegal business was huge, or reselling rare national treasures, etc. were especially serious circumstances. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What is the punishment for the crime of reselling cultural relics?
The punishment for the crime of reselling cultural relics is as follows: - Natural person crime: - Under normal circumstances, those who resell cultural relics prohibited by the state for profit, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined. For example, reselling a Level 3 cultural relic or reselling a transaction amount of more than 50,000 yuan could result in this punishment. - If the circumstances are particularly serious, such as reselling cultural relics of Class 2 or above, or reselling more than three pieces of Class 3 cultural relics, or reselling transactions of more than 250,000 yuan, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined. - Unit crime: The unit shall be fined, and the person in charge and other directly responsible personnel shall be punished according to the provisions of crimes committed by natural persons. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Judgement on the crime of obstructing the management of cultural relics
The crime of obstructing the management of cultural relics included many specific crimes, and the judgments of different cases would vary according to the specific case and legal basis. For example, in the case of Bole City, the party concerned was investigated for causing damage to cultural relics due to the crime of obstructing the management of cultural relics. After review by the public prosecution department of the prosecutor's office, the clues were transferred to the public interest litigation department. After investigation and evaluation by the cultural relics archaeological research institute, it met the conditions for filing and suing civil public interest litigation. Finally, the court ruled that the defendant should bear the cost of cultural relics restoration and publicly apologize. Another example was the case of reselling cultural relics of the Tang Dynasty. The defendant was sentenced to ten years in prison. In the case of Wang Mou and others reselling cultural relics, the relevant personnel illegally resold the cultural relics in the collection on the grounds of the unit's economic difficulties, and different personnel were punished by law. In terms of legal basis, the fourth section of the Criminal Law of the People's Republic of China (March 1,2021) provides for the punishment of various related crimes. For the crime of intentional destruction of cultural relics, according to the level of the damaged cultural relics, whether it was a cultural relic of a key protected unit, and the seriousness of the circumstances, the sentence ranged from fixed-term imprisonment of not more than three years or criminal detention, with a fine or a single fine, to fixed-term imprisonment of not less than three years but not more than ten years and a fine. The crime of reselling cultural relics for the purpose of profit, reselling cultural relics prohibited by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined, if the circumstances are especially serious, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined, etc. Different judgments for the crime of obstructing the management of cultural relics were based on specific criminal facts and made in accordance with relevant legal provisions. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>