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SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE PUNISHMENT OF THE CRIME OF EXCAVATING AND ROBBING SITES OF ANCIENT CULTURE OR ANCIENT TOMBS

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  Invalidated
Date of Promulgation  1991-06-29 Effective Date  1991-06-29 Date of Invalidation  1997-10-01

Supplementary Provisions of the Standing Committee of the National People's Congress Regarding the Punishment of the Crime of Excavating and Robbing Sites of Ancient Culture or Ancient Tombs





(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)

    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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