What are the penalties for stealing ancient tombs?

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. In September 2018, the State Administration of Cultural Heritage and the Ministry of Public Security worked together to study and solve the outstanding problems of cultural relics crimes, and adopted some practical measures, including regular and irregular consultation mechanisms, strengthening the crackdown on major cultural relics crimes, and in the next step, the long-term mechanism for combating and preventing cultural relics crimes is also continuing to explore

Netizen consultation:

From August 2017 to April 2018, Chen Weiqiang, Dong Weishi and others carried out the illegal excavation of ancient tombs in Ruicheng County, and the stolen tombs were located within the protection scope of the "Ancient Weicheng Ruins" of the national key cultural relics protection unit. Chen Weiqiang, Dong Weishi and others excavated more than 20 pieces of bronze ding, bronze cup, bronze he, bronze plate, bronze ware and bronze accessories, one of which was sold for 400,000 yuan and one bronze plate for 220,000 yuan. According to the identification of the Shanxi Provincial Cultural Relics Exchange Center, the stolen tombs are all tombs of the two-week period, and the theft of the tombs has caused the destruction of the original tomb structure and the lack of relics, causing irreparable losses to the study of the history and culture of the two weeks. The bronze plate involved in the case has been recovered and identified as a first-class cultural relic by the Shanxi Provincial Cultural Relics Appraisal Station. When Chen Weiqiang and Dong Weishi were being chased online on suspicion of excavating ancient tombs, Chen Guowei and others knew that Chen Weiqiang and Dong Weishi were suspected of committing crimes, and they also sent them to Sichuan in order to evade judicial investigation. What kind of punishment will the three of them be punished?

Lawyer Lan Yiyi of Guangdong Jiande Law Firm answered:

Without the approval of the competent department for cultural relics, Chen Weiqiang and Dong Weishi repeatedly colluded with others to excavate ancient tombs within the protection area of the "Ancient Weicheng Ruins", a key national cultural relics protection unit, resulting in the destruction of the original tomb structure and the lack of remaining cultural relics.

Chen Guowei and others knew that Chen Weiqiang and Dong Weishi were suspected of committing crimes, and they also sent them to Sichuan in order to evade the judicial organs.

Lawyer Lan Yiyi 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.