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全国人民代表大会常务委员会关于惩治盗掘古文化遗址古墓葬犯罪的

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(Adopted at the 20th Meeting of the Standing Committee of the Seventh National People's Congress on June 29,1991, promulgated by Order No. 48 of the President of the People's Republic of China on June 29, 1991, and effective as of June 29, 1991)(Editor's Note: This Decision has been invalidated by the Criminal Law of the People's Republic of China revised at the Fifth Session of the Eighth National People's Congress on March 14, 1997, and effective on October 1, 1997)
时效性:失效  颁布日期:19910629  实施日期:19910629  失效日期:19971001  颁布单位:全国人大常委会

The 20th Meeting of the Standing Committee of the Seventh National People's Congress decides to make the following provisions supplementary to the Criminal Law:

Whoever excavates and robs a site of ancient culture or ancient tomb 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 may concurrently be punished with a fine; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may concurrently be punished with a fine: and, under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, or life imprisonment or death, and shall concurrently be punished with a fine or confiscation of property:

(1) Excavating and robbing a site of ancient culture or ancient tomb which is designated as major sites to be protected for their historical and cultural value at the national level or at the provincial level;

(2) Being the ringleader of a gang engaged in excavating and robbing sites of ancient culture or ancient tombs;

(3) Excavating and robbing sites of ancient culture or ancient tombs for many times;

(4) Excavating a site of ancient culture or ancient tomb, and robbing valuable cultural relics therein, or causing serious damage to valuable cultural relics therein. All cultural relics seized from excavating and robbing sites of ancient culture or ancient tombs shall be recovered.

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