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10.25.2010

Article 328 - draft amendment

Article 328 (Excavating sites of ancient cultures, tombs of ancient cultures, fossils of paleoanthropoits or paleovertebrates) 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 10 years and shall also be fined; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; if he falls under any of the following categories, he shall be sentenced to fixed-term imprisonment of not less than 10 years, or life imprisonment and shall also be fined or be sentenced to confiscation of property:

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

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

(3) repeatedly excavating and robbing sites of ancient culture or ancient tombs; or

(4) excavating a site of ancient culture or ancient tomb and robbing valuable cultural relics therein, or causing serious damage to such relics.

Whoever excavates and robs fossils of paleoanthropoids or paleovertebrates of scientific value which is under State protection shall be punished in accordance with the provisions of the preceding paragraph.

Current version

Article 328 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 10 years and shall also be fined; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; if he falls under any of the following categories, he shall be sentenced to fixed-term imprisonment of not less than 10 years, or life imprisonment or death and shall also be fined or be sentenced to confiscation of property:

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

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

(3) repeatedly excavating and robbing sites of ancient culture or ancient tombs; or

(4) excavating a site of ancient culture or ancient tomb and robbing valuable cultural relics therein, or causing serious damage to such relics.

Whoever excavates and robs fossils of paleoanthropoids or paleovertebrates of scientific value which is under State protection shall be punished in accordance with the provisions of the preceding paragraph.

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