At present, China's collection market is unprecedentedly prosperous, and there are more and more collectors. The criminal legal risks that arise must not be left unprepared. This article is based on case studies to help many collectors.
According to Article 2 of the Law on the Protection of Cultural Relics, within the territory of the People's Republic of China, the following cultural relics are protected by the State:
(1) Ancient cultural sites, ancient tombs, ancient buildings, cave temples, stone carvings, and murals of historical, artistic, or scientific value;
(2) Important historical sites, physical objects, or representative buildings of modern and modern times that are related to major historical events, revolutionary movements, or famous figures, and that have important commemorative, educational, or historical value;
(3) Precious works of art and arts and crafts of various eras in history;
(4) Important documents and materials of various eras in history, as well as manuscripts and library materials of historical, artistic and scientific value
(5) Representative objects reflecting the social systems, social production and social life of various eras and nationalities in history. The standards and measures for the identification of cultural relics shall be formulated by the administrative department for cultural relics under the State Council and reported to the State Council for approval. Paleovertebrate fossils and ancient human fossils of scientific value are protected by the state like cultural relics.
Shanghai Museum
According to Article 64 of the Law on the Protection of Cultural Relics, whoever violates the provisions of this Law and commits any of the following acts, constituting a crime, shall be investigated for criminal responsibility in accordance with law:
(1) Illegally excavating ancient cultural sites or ancient tombs;
(2) intentionally or negligently damaging precious cultural relics protected by the State;
(3) Selling cultural relics in state-owned museums without authorization or giving them to non-state-owned units or individuals without authorization;
(4) Privately selling or giving to foreigners precious cultural relics that are prohibited from leaving the country;
(5) reselling cultural relics prohibited by the State for the purpose of making profits;
(6) Smuggling cultural relics;
(7) Stealing, looting, privately dividing or illegally appropriating state-owned cultural relics;
(8) Other acts of obstructing the management of cultural relics that shall be investigated for criminal liability.
After summarizing and summarizing, the author sorted out the ten major crimes that collectors need to pay attention to risk prevention: the crime of concealing and concealing the proceeds of crime, the crime of illegally purchasing, transporting and selling precious and endangered wildlife products, the crime of illegally purchasing, transporting, processing and selling plant products under national key protection, the crime of reselling cultural relics, the crime of smuggling cultural relics, the crime of smuggling precious animal products, the crime of excavating ancient cultural sites and ancient tombs, the crime of excavating ancient human fossils and ancient vertebrate fossils, the crime of contract fraud, and the crime of fraud.
1. Concealing or concealing the proceeds of crime
Case:
Between April and November 2012, Jiang X, Wang X, co-defendants Zhao X, Ren X (all of whom have been convicted) and others used tomb exploration and shovel excavation to excavate 12 ancient tombs in Lianyun Village, Linguo Village, Xincheng Town, Linguo Village, Guansheng Village, Xinji Town, Miaoshan Village, Liuji Town, Yizheng City, Yangzhou, Jiangsu Province, of which 12 cases involved in the excavation of ancient tombs and 3 cases of Wang participated in the excavation of ancient tombs.
In August 2012, defendant Ren X, knowing that the bronze mirrors and clay pots and other cultural relics sold by Ren X and Jiang X were stolen goods, still purchased them for 6,000 yuan.
In November 2012, defendant Ren X, knowing that the jade pendants, iron swords, clay pots and other cultural relics sold by Ren X and others were stolen goods, still purchased them for 53,000 yuan.
The Yangzhou Yizheng Municipal People's Court ruled that defendant Ren X, knowing that it was the proceeds of crime, still acquired it, and his conduct constituted the crime of concealing and concealing the proceeds of crime. Defendant Ren was sentenced to six months' imprisonment, suspended for one year, and fined RMB 100,000 for concealing or concealing the proceeds of crime.
Laws and regulations:
Article 312 of the Criminal Law, [Crime of Concealing or Concealing the Proceeds of Crime or Proceeds of Crime] Whoever, knowingly conceals, transfers, acquires, sells on behalf of, or disguises or conceals it by other means, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases Involving concealment or concealment of proceeds of crime and proceeds of crime, knowing that they are the proceeds of crime and the proceeds thereof, conceal, transfer, acquire, sell on behalf of other means, or conceal or conceal them by other means, shall be convicted and punished for the crime of concealing or concealing the proceeds of crime or proceeds of crime in accordance with the provisions of the first paragraph of article 312 of the Criminal Law:
(1) Concealing or concealing the proceeds of crime and the proceeds thereof worth between 3,000 and 10,000 yuan;
(2) Those who have received administrative punishment within one year for concealing or concealing the proceeds of crime and the proceeds they produce, and who have committed acts of concealing or concealing the proceeds of crime and the proceeds generated therefrom;
(4) Where acts of concealment or concealment make it impossible to promptly investigate and handle upstream crimes, and cause irreparable losses to public or private property;
(5) Carrying out other conduct to conceal or conceal the proceeds of crime and the proceeds they produce, obstructing the judicial organs from pursuing the upstream crime.
Article 3: Where the concealment or concealment of criminal gains and the proceeds they produce has any of the following circumstances, it shall be found to be "serious circumstances" as provided for in the first paragraph of Criminal Law article 312:
(1) Concealing or concealing the proceeds of crime and the total value of the proceeds generated therein reaching 100,000 yuan or more;
(2) Concealing or concealing the proceeds of crime and the proceeds they generate more than ten times, or three or more times with a total value of 50,000 yuan or more;
(4) Concealing or concealing conduct that makes it impossible to promptly investigate and handle upstream crimes, and causing irreparable major losses of public or private property or other serious consequences;
(5) Carrying out other conduct to conceal or conceal the proceeds of crime and the proceeds they produce, seriously obstructing the judicial organs from pursuing the upstream crime.
Article 9: Whoever, knowingly conceals, transfers, acquires, processes, sells on behalf of, or disguises or conceals cultural relics or conceals them by other means, knowing that they are cultural relics or above obtained by crimes such as stealing cultural relics, excavating ancient cultural sites, or ancient tombs, shall be pursued for criminal responsibility for concealing or concealing the proceeds of crime in accordance with the provisions of criminal law article 312.
Whoever commits the acts provided for in the preceding paragraph and commits conspiracy in advance shall be punished as a joint crime.
Risk Warning:
Whoever, knowingly knows that the cultural relics sold are stolen goods, still acquires, sells, conceals or transfers them on his behalf, or disguises or conceals them by other means, is suspected of concealing or concealing the proceeds of crime.
Whoever, knowingly conceals, transfers, acquires, processes, sells on behalf of, or disguises or conceals cultural relics of the third level or above, knowing that they are acquired for crimes such as stealing cultural relics, excavating ancient cultural sites, or ancient tombs, or colluding in advance, shall be punished as a joint crime.
2. Crimes of illegally acquiring, transporting, or selling products of rare and endangered wildlife
From July to August 2016, Sun Mou in Nanjing, Jiangsu Province, illegally sold ivory products several times, with a total value of more than 100,000 yuan.
Among them, on July 17, 2016, Sun sold four "tooth tips" to Yang (which has been judged) at a price of 2400 yuan, and Yang resold the four "tooth tips", and one of the "tooth tips" has now been seized. After identification, the "tip of the tooth" is an ivory product, worth 5675 yuan.
On August 1, 2016, Sun sold four "ivory handles" to Yang at a price of 5930 yuan, and Yang sold the four "ivory handles" to Chai, and then investigators searched from Chai's residence to find three of the "ivory handles", which were identified as 7850 yuan and were ivory products.
From August 18, 2016 to August 24, 2016, Sun sold four live ivory products "ivory carvings" to Yang for 30,800 yuan, and Yang resold the four "ivory carvings", which have been seized. After identification, the "tip of the tooth" is an ivory product, worth 89351 yuan.
On November 18, 2016, Sun was arrested by the public security organs and truthfully confessed the above criminal facts.
On August 25, 2017, the Nanjing Jianye District People's Court ruled that defendant Sun Mou was guilty of illegally selling precious and endangered wildlife products and sentenced him to five years' imprisonment and a fine of RMB 10,000. The ivory products seized in the case shall be confiscated by the seizing authority.
Article 341 of the Criminal Law, [Crimes of illegally hunting and killing rare and endangered wild animals; Crimes of Illegally Acquiring, Transporting, or Selling Rare and Endangered Wild Animals, Precious or Endangered Wildlife Products] Whoever illegally hunts or kills rare or endangered wild animals under key national protection, or illegally acquires, transports, or sells rare or endangered wild animals under key national protection and their products, 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 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 the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or have his property confiscated.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases involving the Destruction of Wildlife Resources, Article 1: "Precious and endangered wild animals" as provided for in the first paragraph of Article 341 of the Criminal Law include wild animals under national first- and second-level protection included in the List of Wild Animals under Key National Protection, wild animals listed in Appendices I and APPENDIX II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the above-mentioned species domesticated and bred.
Article 2: "Acquisition" as provided for in the first paragraph of Criminal Law article 341 includes purchases for the purpose of making profits, self-use, and so forth; "Transportation", including the act of carrying, mailing, using others, using means of transportation, etc.; "Sale" includes selling and processing and utilization for profit.
Article 5: Where the illegal acquisition, transportation, or sale of rare or endangered wildlife products has any of the following circumstances, it is a "serious circumstance":
(1) Where the value is more than 100,000 yuan;
(2) Illegally making profits of 50,000 yuan or more;
(3) Having other serious circumstances.
Illegally acquiring, transporting, or selling rare or endangered wildlife products in any of the following circumstances is "particularly serious circumstances":
(1) Where the value is more than 200,000 yuan;
(2) Illegally making profits of 100,000 yuan or more;
(3) Have other particularly serious circumstances.
Article 11: The value of rare and endangered wildlife products is to be examined and approved in accordance with the provisions of the competent departments for wildlife protection of the State; Where the approved value is lower than the actual transaction price, the actual transaction price shall be determined.
Ivory, rhino horn, tiger skin, etc. are all precious and endangered wildlife products that the state prohibits from purchasing, transporting and selling.
Acquisitions, including purchases for profit, self-use, etc.
Transportation, including the act of carrying, mailing, using others, using means of transportation, etc.
Sale, including selling and for-profit processing and utilization.
Price tag, isolated white background on fishing hooks
3. The crime of illegally purchasing, transporting, processing, or selling plant products under key national protection
On September 29, 2013, Xu used the logistics consignment method in Minhou County, Fuzhou City, Fujian Province, to consign 140 yew wood carving handicrafts he had purchased and processed in Minhou County, Fujian Province, to a store in Yulin City, Guangxi Province, and let Chi Mou (handled in a separate case) sell them on his behalf. At about 11:00 on October 4, 2013, the public security police seized the above 140 wood carving handicrafts in a shop in Yulin City, Guangxi Province. After identification, the wood tree species of the 140 wood carving crafts seized was named Southern Yew Tree, which belongs to the national first-level key protected tree species of the yew family.
On December 26, 2014, the Yuzhou District People's Court of Yulin City, Guangxi Province, ruled that defendant Xu Mou was guilty of illegally purchasing, transporting, processing, and selling plant products under key national protection, and sentenced him to one year and two months in prison and fined 3,000 yuan.
Article 344 of the Criminal Law, [Crimes of illegal logging and destruction of plants under national key protection; Whoever, in violation of State regulations, illegally harvests or destroys precious trees or other plants under key national protection, or illegally acquires, transports, processes or sells precious trees or other plants under key national protection and their products, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving the Destruction of Forest Resources, and the "precious trees" provided for in Article 344 of the Criminal Law include ancient trees and famous trees with major historical commemorative significance, scientific research value or old age determined by the competent forestry departments at or above the provincial level or other departments, precious trees whose export is prohibited or restricted by the State, and trees listed in the list of wild plants under key national protection.
4. The crime of reselling cultural relics
On June 13, 2015, Members of the Ningxia Collection Association Li Mou, Wei Mou and Feng Mou set off from Ningxia to purchase cultural relics at low prices in antique cities in Longde County, Pingliang City, Gansu Province, Qingyang City and other places, as well as on the ground stalls outside the antique city. Li mou successively purchased 1 neolithic jade huang, 2 sets of Guangxu Pengshu stone seals of the Qing Dynasty (a total of 8 books), 1 bronze seal of the Qin and Han dynasties (all of which are national third-class cultural relics) and other cultural relics. Wei has successively purchased 2 bronze seals (belonging to the national third-level cultural relics) and other cultural relics of the Qin and Han dynasties. Feng has successively acquired 1 piece of jade ornaments from the Spring and Autumn Period (belonging to the national third-level cultural relics) and other cultural relics. Later, the three of them waited for the opportunity to sell.
On June 15, Li, Wei and Feng drove in an off-road vehicle equipped with a large number of cultural relics to the intersection of Liulin South Expressway in Yan'an City, where they were seized by the police on the spot and seized several cultural relics.
On September 1, 2016, the Baota District People's Court of Yan'an City, Shaanxi Province, ruled that the defendants Li X, Wei X, and Feng X had illegally purchased several third-level cultural relics and general cultural relics prohibited by the state for the purpose of making profits, and were caught in transit, the circumstances were serious, and their acts had constituted the crime of reselling cultural relics. Defendant Li Committed the crime of reselling cultural relics and was sentenced to one year and three months in prison. Defendant Wei Committed the crime of reselling cultural relics and was sentenced to fixed-term imprisonment of one year and three months. Defendant Feng Committed the crime of reselling cultural relics and was sentenced to fixed-term imprisonment of one year and three months, with a suspended sentence and a probationary period of two years.
According to Article 326 of the Criminal Law: [Crime of Reselling Cultural Relics] Whoever, for the purpose of making a profit, resells 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 shall also be fined; If the circumstances are particularly 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.
According to Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases Involving Obstruction of the Management of Cultural Relics, a person who sells or acquires, transports or stores "cultural relics prohibited by the State" as stipulated in the Law of the People's Republic of China on the Protection of Cultural Relics for sale shall be deemed to be "reselling cultural relics prohibited by the state" as provided for in Article 326 of the Criminal Law.
Where the resale of cultural relics prohibited by the State from operating has any of the following circumstances, it shall be found to be a "serious circumstance" as provided for in Article 326 of the Criminal Law:
(1) Reselling third-class cultural relics;
(2) The transaction amount is more than 50,000 yuan;
(3) Other situations where the circumstances are serious.
Where the conduct provided for in the preceding paragraph is carried out in any of the following circumstances, it shall be found to be "particularly serious circumstances" as provided for in Criminal Law article 326:
(1) Reselling cultural relics of level two or above;
(2) Reselling five or more third-class cultural relics;
(3) The transaction amount is more than 250,000 yuan;
(4) Other situations where the circumstances are particularly serious.
"Scalping", subjectively with the intention of selling, refers to illegal acquisition, trafficking, resale and other acts, acquisition or being caught in transit, even if it has not yet been sold, it is also suspected of the crime of reselling cultural relics.
Whoever sells or acquires, transports or stores "cultural relics prohibited by the State" as stipulated in the Law on the Protection of Cultural Relics shall be deemed to be "reselling cultural relics prohibited by the State" as provided for in the Criminal Law.
So, how can citizens legally collect cultural relics?
Article 50 of the Law on the Protection of Cultural Relics stipulates that citizens, legal persons and other organizations other than cultural relics collection units may collect cultural relics acquired through the following means:
(1) Inheriting or accepting gifts in accordance with law;
(2) Purchase from cultural relics stores;
(3) Purchasing from an auction enterprise engaged in the auction of cultural relics;
(4) The exchange of cultural relics lawfully owned by individual citizens or the transfer of them in accordance with law;
(5) Other lawful methods provided for by the State.
The cultural relics mentioned in the preceding paragraph collected by citizens, legal persons and other organizations other than units for the collection of cultural relics may circulate in accordance with law.
Article 51 stipulates that citizens, legal persons and other organizations shall not buy or sell the following cultural relics:
(1) State-owned cultural relics, except as permitted by the State;
(2) Precious cultural relics in non-state-owned collections;
(3) Murals, sculptures, architectural components, etc. in state-owned immovable cultural relics, except where murals, sculptures, architectural components, etc. in state-owned immovable cultural relics that have been demolished in accordance with law do not belong to the collection of cultural relics collection units as provided for in paragraph 4 of Article 20 of this Law;
(4) Cultural relics whose origin does not conform to the provisions of Article 50 of this Law.
5. The crime of smuggling cultural relics
During his tenure as the legal representative of Chenggong Company, Jiang mou purchased bronze handicrafts from 1999 to 2001 to export to Europe and the United States, and purchased 48 bronze cultural relics from a flea market in Kunming. In the first half of 2001, Jiang went to the United States to run a farm. In September of the same year, Jiang called to inform Liu Moumou, the temporary head of Chenggong Company, to send the purchased copper handicrafts to the United States. Before the goods arrived in Lianyungang, Jiang called Chenggong Company, and the employees informed him that he had shipped the cultural relics together with the handicrafts. Defendant Jiang did not arrange for the company's personnel to truthfully declare to the customs, nor did he take effective measures to prevent the export of the goods. On November 14 of the same year, the entrusted customs declaration unit declared the export of the batch of copper handicrafts for the Chenggong Company in the general trade mode, and lianyungang customs found that the goods contained cultural relics in the routine inspection. After appraisal, 48 cultural relics are bronzes from the Warring States to the Two Han Dynasties, of which 4 are national third-level cultural relics and 44 are general cultural relics; and the third-level cultural relics are 2 bronze axes, 1 Ge and 1 spear.
On April 12, 2009, when Jiang mou entered the country from the United States, he was arrested by the Beijing Entry-Exit Border Inspection Station.
The Intermediate People's Court of Lianyungang City, Jiangsu Province, sentenced Jiang to five years' imprisonment and a fine of 10,000 yuan in the first instance for smuggling cultural relics; the 48 seized bronze cultural relics were recovered and handed over to the state treasury.
On September 19, 2010, the Jiangsu Provincial High People's Court ruled that, in view of the fact that there is no evidence to prove that the cultural relics involved in the case were instigated by the appellant Jiang X; and that they were not in China when they learned of the entrainment; and the cultural relics involved in the case had not yet left the country at the time of the incident, the appellant Jiang X's subjective malignancy was relatively mild, the circumstances of the crime were minor, and the consequences of the crime were not serious, so the appellant Jiang Did not need to be sentenced to a criminal punishment according to law. Jiang Mou committed the crime of smuggling cultural relics and was exempted from criminal punishment.
Article 151 of the Criminal Law stipulates that whoever smuggles cultural relics, smuggles precious metals, smuggles precious animals, smuggles precious animal products, smuggles cultural relics, gold, silver and other precious metals prohibited from being exported by the State, or precious animals and their products that the State prohibits the import or export of, 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 the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be sentenced to confiscation of property; If the circumstances are less serious, he shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined.
Whoever smuggles rare plants, their products, or other goods or articles whose import or export is prohibited by the State, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined or fined individually; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.
Where a unit commits the crimes provided for in this Article, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the paragraphs of this Article.
According to Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in The Handling of Criminal Cases of Obstructing the Management of Cultural Relics, the "cultural relics prohibited from export by the State" stipulated in Article 151 of the Criminal Law shall be determined in accordance with the scope of "cultural relics prohibited by the State from leaving the country" stipulated in the Law of the People's Republic of China on the Protection of Cultural Relics.
Whoever smuggles second-class cultural relics whose export is prohibited by the State shall, in accordance with the provisions of the second paragraph of Article 151 of the Criminal Law, be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined for the crime of smuggling cultural relics; who smuggles first-class cultural relics whose export is prohibited by the State shall be deemed to be "particularly serious circumstances" as provided for in the second paragraph of Criminal Law Article 151; and smuggling of third-level cultural relics prohibited by the State shall be deemed to be "less serious circumstances" as provided for in the second paragraph of Criminal Law article 151.
Whoever smuggles cultural relics whose export is prohibited by the State and it is impossible to determine the grade of cultural relics, or whose conviction and sentencing in accordance with the grade of cultural relics is obviously too light or excessively heavy, may be convicted and sentenced according to the value of the smuggled cultural relics. Where the value of smuggled cultural relics is more than 200,000 yuan but less than 1 million yuan, it shall be punished with fixed-term imprisonment of not less than five years but not more than 10 years and a fine in accordance with the provisions of the second paragraph of criminal law article 151; where the value of cultural relics is more than 1 million yuan, it shall be found to be "particularly serious" as provided for in the second paragraph of criminal law article 151; where the value of cultural relics is more than 50,000 yuan and less than 200,000 yuan, it shall be found to be "less serious circumstances" as provided for in the second paragraph of criminal law article 151.
According to Article 3 of the Law on the Protection of Cultural Relics, movable cultural relics such as important objects, works of art, documents, manuscripts, library materials, and representative objects of various eras in history are divided into precious cultural relics and general cultural relics; precious cultural relics are divided into first-class cultural relics, second-class cultural relics and third-class cultural relics.
Article 60 stipulates that state-owned cultural relics, precious cultural relics contained in non-state-owned cultural relics and other cultural relics prohibited from being exported by the State shall not be exported from the country, except for those who are exported for exhibition in accordance with the provisions of this Law or who have been approved by the State Council for special needs.
Article 61:The export of cultural relics shall be examined and approved by the examination and approval body designated by the administrative department for cultural relics under the State Council. The administrative department for cultural relics under the State Council shall issue a permit for the export of cultural relics after examination and approval, and leave the country from the port designated by the administrative department for cultural relics under the State Council.
Any unit or individual transporting, mailing or carrying cultural relics out of the country shall make a declaration to the Customs, which shall release them on the basis of the cultural relics exit permit.
Cultural relics collection of nanjing museum
6. The crime of smuggling precious animal products
At about 15:00 on February 6, 2015, the appellant Li Cheng, did not declare to the customs in accordance with the relevant provisions of the state, carrying 1 tiger skin, 8 pieces of rhino horn, 11 pieces of ivory hand beads and 4 loose beads, which were seized after arriving at Kunming Changshui International Airport on flight KA760 from Kimberley Airport in South Africa. After identification, the tiger skin is the skin of the Mammalian carnivorous cat leopard genus Indochina tiger, the Indochinese tiger is a national first-level key protected wild animal, worth 480,000 yuan; rhino horn is the lactation order Chithodonaceae rhinoceros white rhinoceros horn block, white rhinoceros is an IUCN critically endangered species and CITES Appendix II list species, with a total value of 2,431,000 yuan; ivory is a mammalian probosciss Asian elephant genus Asian elephant ivory products, Asian elephant is China's national level key protected wildlife, The total value is RMB 78,209. The total value of the above precious animal products is RMB 2989209.
The Intermediate People's Court of Kunming City, Yunnan Province, sentenced defendant Li Cheng to 15 years' imprisonment and confiscation of all personal property for the crime of smuggling precious animal products in the first instance;
On April 26, 2016, the Yunnan Provincial Higher People's Court ruled to reject the appeal and uphold the original judgment.
As mentioned earlier, article 151 of the Criminal Law provides for relevant provisions.
Article 9 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Smuggling Cases: Where smuggling of animals protected by the State at the first and second levels does not meet the quantitative standards provided for in (1) in the Appendix to this Interpretation, or where the amount of smuggled precious animal products is less than 200,000 yuan, it may be found to be "less serious circumstances" as provided for in the second paragraph of Criminal Law article 151.
In any of the following circumstances, in accordance with the provisions of the second paragraph of Criminal Law article 151, a person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined: (2) The amount of smuggled precious animal products is between 200,000 yuan and less than 1 million yuan;
In any of the following circumstances, it shall be found to be "particularly serious circumstances" as provided for in the second paragraph of Criminal Law article 151 :(2) The amount of smuggled precious animal products is more than 1 million yuan;
Where precious animal products are smuggled into the country for the purpose of making profits and are not kept as souvenirs, and the amount is less than 100,000 yuan, they may be exempted from criminal punishment; where the circumstances are obviously minor, they shall not be treated as crimes.
The state prohibits the import of ivory.
A set of isolated Greek vases on a white background
7. The crime of excavating ancient cultural sites and ancient tombs
Between February and May 2012, Du, Xu (who had been sentenced) and others went to Qilin Street, Jiangning District, Nanjing, Jiangsu Province, four times to excavate ancient tombs by digging pits and punching holes. On February 3, 2014, Du was arrested and arrested. According to the appraisal of archaeologists from Nanjing Municipal Museum, the four tombs are Qing Dynasty earth pit tombs and have relatively important historical, scientific and artistic value.
On August 1, 2014, the Jiangning District People's Court of Nanjing Municipality ruled that defendant Du mou was guilty of excavating ancient tombs and sentenced him to 10 years' imprisonment and a fine of 30,000 yuan.
Article 328 of the Criminal Law stipulates that [the crime of excavating ancient cultural sites and ancient tombs; Whoever excavates ancient human fossils or ancient vertebrate fossils 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.
According to article 8 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases Of Obstruction of the Management of Cultural Relics, article 8 The "ancient cultural sites and ancient tombs" provided for in the first paragraph of article 328 of the Criminal Law include underwater ancient cultural sites and ancient tombs. "Ancient cultural sites and ancient tombs" are not limited to ancient cultural sites and tombs that are declared as immovable cultural relics.
Where the carrying out of excavations has harmed the historical, artistic, or scientific value of ancient cultural sites or tombs, it shall be found that the crime of excavating ancient cultural sites or ancient tombs has been completed.
Whoever uses destructive means to steal other immovable cultural relics such as ancient cultural sites, ancient buildings other than ancient tombs, grotto temples, stone carvings, murals, important historical sites of modern and modern times, and representative buildings, shall be investigated for criminal responsibility for the crime of theft in accordance with the provisions of Article 264 of the Criminal Law.
Article 2: Where general cultural relics, third-level cultural relics, or cultural relics of the second level or above are stolen, they shall be found to be "relatively large amounts," "huge amounts," and "particularly large amounts" as provided for in Criminal Law article 264.
Where the level of cultural relics cannot be determined for theft of cultural relics, or where the conviction and sentencing according to the level of cultural relics is obviously too light or excessive, the conviction and sentencing shall be based on the value of the stolen cultural relics.
Whoever excavates ancient cultural sites or tombs of historical, artistic, or scientific value is suspected of the crime of excavating ancient cultural sites or tombs.
Whoever uses destructive means to steal other immovable cultural relics such as ancient cultural sites, ancient buildings other than ancient tombs, grotto temples, stone carvings, murals, important historical sites of modern and modern times, and representative buildings, shall be investigated for criminal responsibility for the crime of theft.
Kunshan, Jiangsu: Water Town Jinxi (3)
8. The crime of excavating ancient human fossils and ancient vertebrate fossils
Ren and He, Jia and others premeditated to go to the barren mountains of Wenying Village, Dashiqiao Township, Huaichuan County, to dig dinosaur egg fossils, on August 7, 2012, Ren rented a van with a generator, electric pickaxe and other crime tools to Wenying Village to meet He and others, and dug up a total of 24 dinosaur egg fossils. After identification, the 24 dinosaur egg fossils are all Taohe flat round eggs.
On February 10, 2015, the People's Court of Huaichuan County, Henan Province, ruled that defendant Ren X was guilty of stealing ancient vertebrate fossils and sentenced him to one year and six months in prison and a fine of RMB 5,000.
As mentioned above, Article 328 of the Criminal Law provides for relevant provisions.
The businesswoman looks at the contract through a magnifying glass
9. Contract fraud
Suzhou Dinglei Cultural And Art Investment Co., Ltd. was suspected of contract fraud, and a total of 31 people were sentenced.
From July to December 2015, Wang Mou, the legal representative of Suzhou Dinglei Cultural and Art Investment Co., Ltd., successively hired the former general manager Chen Mou (handled in a separate case) and general manager Sun Mou to operate the so-called "liquidated damages business" to train the recruited employees, distribute "scripts", and clarify the division of responsibilities. Collect information on the sale and purchase of antiques and cultural relics on the Internet, contact the seller by telephone, deceive the victim into going to the company on the grounds of purchasing antiques and cultural relics at high prices, first arrange for the appraiser defendant Lu X to make a preliminary judgment on the authenticity of the collection, and when the collection is determined to be fake, that is, arrange for the victim and the "mass actors" Zhou X and Ji X who play the buyer to meet, and the company's salesman, knowing that the transaction is impossible to complete, induces the victim to sign a confirmation of the entrusted transaction service with a false acquisition intention, and deceives Yao X, Zhang X, and Ji X. Mo and more than 100 other victims were liable for liability risk liquidated damages totaling 2.8962 million yuan.
On July 26, 2017, the People's Court of Huqiu District of Suzhou City ruled that the defendant, Suzhou Dinglei Cultural and Art Investment Co., Ltd., defrauded the other party of property in the process of signing and performing the contract for the purpose of illegal possession, and the amount was particularly huge. The defendant, Suzhou Dinglei Cultural and Art Investment Co., Ltd., committed contract fraud and was fined RMB 100,000. Defendant Wang Committed contract fraud and was sentenced to 10 years and 6 months imprisonment and fined RMB 10,000. Defendant Sun Committed Contract Fraud and was sentenced to 10 years and 3 months imprisonment and fined RMB 10,000. The remaining 20 were sentenced to fixed-term imprisonment of not more than three years, criminal detention, or suspended sentences.
Article 224 of the Criminal Law, [Crime of Contract Fraud] In any of the following circumstances, if, for the purpose of illegal possession, in the course of signing or performing a contract, the other party defrauds the other party of property, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or fined alone; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances 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) Signing a contract in the name of a fictitious unit or fraudulently using another person's name;
(2) Using forged, altered, or invalidated bills or other false property rights certificates as collateral;
(3) Without the actual ability to perform, using the method of first performing a small contract or partially performing the contract, to trick the other party into continuing to sign and perform the contract;
(4) Fleeing after receiving goods, payment for goods, advance payments, or secured property from the other party;
(5) Using other methods to defraud the other party of property.
Pictured: Telecom fraud
10. Fraud
Case 1:
Between May and June 2008, Xu and Fang, together with Chen, Zhao (who had been sentenced) and others, respectively, ganged up to sell antique bronzes such as antique bronze and antique jade objects obtained from the excavation of ancient tombs in Lixushan, Daizhuang Town, Pizhou City, Jiangsu Province, and other places near the Shantou Bridge in Chefushan Town, Pizhou City, Jiangsu Province, and sold them to Wu, defrauding Wu of 128,000 yuan. Among them, Xu participated in two cases, and the amount involved was 70,000 yuan; Fang participated in two cases, and the amount involved was 58,000 yuan.
On January 27, 2011, the People's Court of Pizhou City, Jiangsu Province, ruled that defendants Xu X and Fang X, for the purpose of illegal possession, used fictitious facts and concealed the truth to separately collude to defraud others of property, and the amount was huge, and their acts had constituted the crime of fraud. Defendant Xu committed fraud and was sentenced to three years and eight months imprisonment and a fine of RMB13,000. The fine shall be paid within 10 days of the entry into force of the judgement. Defendant Fang Committed fraud and was sentenced to one year and six months imprisonment and fined RMB8,000. The defendant's proceeds of crime shall continue to be recovered and returned to the victims.
Case 2:
At the beginning of 2018, under the command and deployment of the Ministry of Public Security, the zunyi police in Guizhou successfully cracked a case of counterfeiting and counterfeiting calligraphy and painting works by Qi Baishi, Fan Zeng, Qi Gong and other famous artists, destroyed 3 criminal networks, arrested 24 criminal suspects, seized 1165 calligraphy and paintings, and seized more than 26 million yuan of funds involved in the case.
After preliminary investigation, the criminals involved in the case were mainly composed of counterfeiters who were good at imitating famous calligraphy and painting works, individual calligraphy and painting appraisal experts, middlemen in the sale and purchase of fake calligraphy and paintings, and a small number of staff of auction companies. Among them, Zhang Mou, Zheng Mouwei, Wang Mou and others who are good at imitating the works of famous calligraphy and painting completed the "counterfeiting" and "appraisal" of calligraphy and painting by copying the works, forging appraisal certificates, inscriptions for fake works, etc., and then sold the fake calligraphy and painting works to others through their own or intermediary contact, or sent them to the auction company for auction.
In this case, some professional appraisal personnel of calligraphy and painting works took the initiative to participate in counterfeiting and counterfeiting, some counterfeiters deceived relatives of well-known calligraphers and painters or other well-known people to identify and take photos with fake works, and some auction companies took a formality in the screening procedure for the authenticity of the collected works, which played a role in promoting the flow of fake calligraphy and painting into the market.
Article 266 of the Criminal Law, [Crime of Fraud] Whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever has a huge amount or other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; Whoever is particularly large in amount or has other particularly serious circumstances 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. Where this Law provides otherwise, follow those provisions.
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Fraud: Where public or private property defrauded is worth 3,000 to 10,000 yuan or more, 30,000 to 100,000 yuan or more, or 500,000 yuan or more, it shall be found to be "a relatively large amount", "a huge amount", and a "particularly large amount" as provided for in Article 266 of the Criminal Law.
Knowing that it is an imitation, using falsehood to fill the truth, or using shoddy charging, falsely claiming the age, using the means of fabricating facts and concealing the truth, and selling it, it is suspected of this crime.
The above rough combing of the top ten criminal legal risks that collectors should pay attention to. Collection is elegant, and at the same time be sure to pay attention to risks. Otherwise, you may have unknowingly broken the law.