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. Read more exciting novels for free
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>
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>
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>
An Analysis of the Criminal Policy-making on the Crime of Cultural Relics
The criminal policy of cultural relics crimes was reflected in many aspects. In terms of conviction and sentencing standards, for the crime of reselling cultural relics, the standards of "serious circumstances" and "especially serious circumstances" were determined according to the level of cultural relics and the transaction amount. For example, reselling Level 3 cultural relics with a transaction amount of more than 50,000 yuan was considered "serious circumstances"; reselling Level 2 cultural relics or above, reselling more than five Level 3 cultural relics with a transaction amount of more than 250,000 yuan was considered "especially serious circumstances". There were also clear legal provisions and applicable circumstances for the crime of illegal sale and private donation of cultural relics. In terms of the scope of the attack, it covered a variety of cultural relics crimes, including reselling cultural relics prohibited by the state, illegal sale or private donation of cultural relics by state-owned units, concealment of stolen cultural relics, etc. For example, the act of reselling cultural relics that were prohibited by the state, selling them, or purchasing, transporting, or storing them for sale was considered as "reselling". The criminal policy of tempering punishment with leniency was also reflected. Those who play a major role in the joint crime shall be identified as the principal offender to crack down on the criminal network of cultural relics with the whole chain; those who have records of cultural relics violation or criminal records and state staff members who commit relevant crimes shall be severely punished according to the circumstances; those who have surrendered themselves, rendered meritorious service, pleaded guilty and admitted punishment shall be given leniency according to law. At the same time, in terms of case jurisdiction, it was clear that the place of crime included the place where the tools were prepared, the place of exploration, the place of theft, the place where the cultural relics involved were actually obtained, the place of hiding, the place of transfer, the place of processing, the place of storage, etc. It also made provisions for the joint handling of criminal cases that hindered the management of cultural relics. In addition, the procedures for the identification and appraisal of the cultural relics involved in the case were standardized, and it was clearly stipulated that the identification and appraisal of many items of the cultural relics involved could be carried out, and the appraisal report was required to be issued according to the prescribed procedures and format. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>