What are the penalties for following others to the tomb robbery?

Tomb robbery is the act of entering the graves of others and committing self-inflicted acts without asking questions. Such social and cultural phenomena have not stopped since ancient times. From the archaeological data, it can be seen that this phenomenon of tomb destruction still survives to this day. After the social changes of the Spring and Autumn Period, the wind of thick burial arose, so tomb robbery became popular.

Netizen consultation:

Around 2018, Geng Jianjun, together with Li Xiaoliang, Sun Xiaohua, Daqiang, Wei Wei and others, used explosives to blast and open holes near Panjia Village in Baqiao District, Xi'an City, to excavate ancient tombs, and stole 1 pottery beast, 1 pastel kneeling figurine, more than 10 pottery chimes, 3 evil chime base and other cultural relics, and then illegally sold the cultural relics excavated illegally to Meng Moujia, Sun Xiaohua and Li Xiaoliang each received 60,000 yuan in stolen money, and Geng Jianjun received 10,000 yuan in stolen money. In tomb robbery and activities, Geng Jianjun participated in criminal activities such as tomb exploration, frying explosives, and clearing pits under the robbery cave.

Around 2019, Li Xiaoliang organized Zhang Hongzhi, Yang Weidong, He Shaofeng and others to excavate ancient tombs in Dizhaiyuan, Baqiao District, Xi'an City, Li Xiaoliang provided sapper shovels, ropes, vehicles and other tomb robbery tools, Yang Weidong and He Shaofeng took turns to enter the robbery cave to clear the pit, and excavated a bronze pole with a diameter of about 1 centimeter and a length of about 30 centimeters to support the chimes, a gilded chime base. The stolen excavated cultural relics were taken away and sold by Li Xiaoliang. What kind of punishment will Geng Jianjun, He Shaofeng and others receive?

Lawyer Sui Zhijie of Beijing Yingke (Foshan) Law Firm answered:

Geng Jianjun and He Shaofeng, together with others, respectively, conspired with others to excavate ancient tombs of historical, artistic, and scientific value, and their acts have constituted the crime of excavating ancient tombs. Geng Jianjun's theft of ancient tombs and theft of precious cultural relics shall be punished according to law. In view of the fact that they played a secondary role in the joint crime of excavating ancient tombs, and voluntarily confessed guilt, actively returned the stolen goods, and showed remorse, they were also first-time offenders, and their punishment could be mitigated according to law. He Shaofeng's joint crime of participating in the excavation of ancient tombs should also be punished according to law. In view of the fact that he is an accessory, has voluntarily surrendered, voluntarily admits guilt, actively pays a fine, shows remorse, and is a first-time offender, he may be given a mitigated punishment in accordance with law.

Lawyer Sui Zhijie added:

Article 328 of the Criminal Law, whoever illegally excavates ancient cultural sites or tombs of 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; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; In any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have his property confiscated:

(1) Illegally excavating ancient cultural sites or tombs identified as national key cultural relics protection units or provincial-level cultural relics protection units;

(2) The leading elements of groups that have excavated ancient cultural sites and ancient tombs;

(3) Repeatedly excavating ancient cultural sites or ancient tombs;

(4) Excavating ancient cultural sites or tombs, and stealing precious cultural relics or causing serious damage to precious cultural relics.

Whoever excavates fossils of ancient humans and ancient vertebrates of scientific value protected by the State shall be punished in accordance with the provisions of the preceding paragraph.