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. 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>
Punishment for cultural relics
The punishment for cultural relics was divided into administrative punishment and criminal punishment. ** I. Administrative Punishment ** 1. ** Host of jurisdiction ** - Generally, it was under the jurisdiction of the local cultural relics administrative department at or above the county level where the illegal act occurred. The cultural relics administrative department of the State Council shall supervise and guide the local cultural relics administrative departments in handling administrative punishment cases that have a major impact on the whole country. The administrative department of cultural relics at the provincial level may specify the level of jurisdiction within its jurisdiction. When necessary, the superior cultural relics administrative department may directly administer the administrative punishment cases under the jurisdiction of the subordinate cultural relics administrative department; the subordinate cultural relics administrative department may also report to the superior cultural relics administrative department for jurisdiction. If two or more local cultural relics administrative departments have jurisdiction over the same illegal act, the administrative department of cultural relics that filed the case first shall have jurisdiction. 2. ** Punishment basis and principles ** - According to the "Temporary Regulations on the Administrative Punishment of Cultural Relics", the administrative department of cultural relics should implement administrative punishments based on laws, regulations and rules, follow legal procedures, exercise their powers fairly and fairly, and adhere to the combination of punishment and education. The basis for punishment included the Cultural Relics Protection Law of the People's Republic of China and other relevant laws and regulations. For example, if a construction project is carried out within the construction control area of a cultural relic protection unit, and the engineering design plan has not been approved by the administrative department of cultural relics or reported to the urban and rural construction planning department for approval, causing damage to the historical features of the cultural relic protection unit, which does not constitute a crime, the competent department of cultural relics of the people's government at or above the county level shall order it to make a correction. If serious consequences are caused, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed. ** 2. Criminal Punishment ** 1. ** Excavating ancient cultural sites ** - If the defendant had the act of excavating ancient cultural sites, such as three people picking up cultural relics at the site of ancient tombs, it constituted the crime of excavating ancient cultural sites and was sentenced to one month of detention and fined 2,000 yuan. 2. ** Smuggling cultural relics ** - If the smuggling of cultural relics prohibited by the state is particularly serious, according to the relevant provisions of article 151 of the Criminal Law of the People's Republic of China, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and his property shall be confiscated. <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>
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. <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>
Grading of cultural relics and determination of punishment
In China, cultural relics were divided into Grade One, Grade Two, Grade Three cultural relics, and ordinary cultural relics. Level 1 cultural relics were those of special value, Level 2 cultural relics were those of great value, and Level 3 cultural relics were those of certain value. As for the standard of conviction and sentencing for the crime of stealing cultural relics, stealing general cultural relics, third-class cultural relics and cultural relics above second-class cultural relics shall be determined as "relatively large amount","huge amount" and "especially huge amount" as stipulated in article 264 of the Criminal Law. Those who steal cultural relics and cannot determine the grade of the cultural relics, or are convicted and sentenced according to the grade of the cultural relics are obviously too light or too heavy, shall be convicted and sentenced according to the value of the stolen cultural relics. These grading standards involved many aspects, such as reflecting the production relations of China's various historical periods and its economic and political systems, as well as representative cultural relics related to social and historical development. Different grades had different requirements for the importance of representation. Level 1 cultural relics were particularly important representative cultural relics, Level 2 cultural relics were related cultural relics with important value, and Level 3 cultural relics were relatively important related cultural relics. It also reflected the development of productivity, ethnic relations, people's events, exchanges between China and foreign countries, famous figures in various fields, folk culture, ancient books and rare books, and many other aspects. Different levels of cultural relics had different levels of value in these aspects. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Conviction and Punishment of the Crime of Reselling Cultural Relics
The crime of reselling cultural relics referred to the serious act of reselling cultural relics prohibited by the state for the purpose of profit. As for "serious circumstances", it generally includes the reselling of Class 3 cultural relics, or the transaction amount is more than 50,000 yuan, or there are other serious circumstances. In such cases, the offender shall be sentenced to fixed-term imprisonment or criminal detention for not more than five years and fined. Reselling Class 2 cultural relics or more than three Class 3 cultural relics, or reselling more than 250,000 yuan, if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of five to ten years and 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. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What should be the punishment for selling cultural relics?
Punishment for the crime of reselling cultural relics: If a natural person resells cultural relics prohibited by the state for profit and the circumstances are serious, he 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, such as causing the loss of especially precious cultural relics of the country, causing the loss of a large number of precious cultural relics or obtaining a large amount of illegal benefits, 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 the crime of reselling cultural relics, it shall be fined, and the person-in-charge and other personnel directly responsible for the unit shall be punished in accordance with the above-mentioned penalties for crimes committed by natural persons. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; if the circumstances are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined. <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>
How is the punishment for the crime of selling cultural relics generally?
For the purpose of profit, those who resell Class 3 cultural relics or resell them for more than 50,000 yuan are considered "serious" and shall be sentenced to fixed-term imprisonment or criminal detention of not more than five years and fined. Those who resell Class 2 cultural relics or above, or resell three or more Class 3 cultural relics (or five, with different information), or resell more than 250,000 yuan are considered "especially serious" and shall be sentenced to fixed-term imprisonment of five to ten years and fined. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>