How many years have you been sentenced to digging someone else's ancestral grave?
1. Deliberate excavation of ancestral graves may constitute the crime of theft, the crime of insulting corpses, and even the crime of stealing ancient tombs. It is necessary to determine the specific charges according to the actual situation of the case. There are different opinions on the handling of these three charges. Whoever constitutes the crime of excavating ancient tombs shall be sentenced to fixed-term imprisonment of not more than three years.
2. It may be a crime of insulting a corpse, which needs to be judged according to the actual situation. According to the contents of relevant national laws and regulations, we can know whether digging someone else's ancestral grave will constitute a criminal offence, depending on the circumstances. If the circumstances are serious, it may constitute the crime of theft and insulting the body. Whoever steals, insults or intentionally destroys a corpse, skeleton or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Anyone who commits one of the following acts shall be detained for more than five days and less than ten days; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
1. Intentionally damaging or defacing another person's grave or damaging or discarding another person's ashes;
2. Parking a corpse in a public place or affecting the normal life and work order of others because of parking a corpse, and refusing to listen to dissuasion.
What is the crime of deliberately digging someone else's grave? Details are as follows:
1, intentionally digging other people's graves generally does not constitute a crime, but those who violate the Law on Public Security Administration Punishment shall be detained for more than 5 days 10. At the same time, whoever steals, insults or intentionally destroys a corpse, bones or ashes after deliberately digging another person's grave, if the case constitutes a crime, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
2. Tomb-robbing can constitute theft, and you should bear criminal responsibility. If you expose your body, it damages your dignity and commits the crime of insulting your body. Illegal excavation of ancient tombs constitutes the crime of illegal excavation of ancient tombs. If you dig a new grave illegally, it may constitute theft, theft and insulting the body.
3. The sentencing provisions for the crime of excavating ancient tombs in ancient cultural sites are as follows: if the perpetrator constitutes this crime, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also be fined; Fixed-term imprisonment of not less than three years but not more than ten years and a fine; Fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine or confiscation of property. The difference in sentencing is mainly determined according to the different circumstances of the crime. The more serious the circumstances, the heavier the punishment.
The standard for filing the crime of robbing ancient tombs is:
1, stealing and excavating ancient cultural sites and ancient tombs identified as national key cultural relics protection units and provincial cultural relics protection units;
2. The ringleaders of ancient cultural sites and ancient tombs;
3. Excavating ancient cultural sites and ancient tombs for many times;
4. Excavating ancient cultural sites and ancient tombs, stealing precious cultural relics or causing serious damage to precious cultural relics. Whoever excavates ancient human fossils and ancient vertebrate fossils with scientific value protected by the state shall be punished in accordance with the provisions of the preceding paragraph.
All in all,
Whoever steals graves, digs graves and steals corpses or insults corpses since ancient times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Deliberately destroying other people's graves does not constitute a crime, and will be punished by public security according to law. However, if you insult or steal a corpse, it constitutes a crime.
Legal basis:
Article 302 of the Criminal Code of People's Republic of China (PRC).
Whoever steals, insults or intentionally destroys a corpse, skeleton or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 65 of the People's Republic of China (PRC) Public Security Administration Punishment Law
Anyone who commits one of the following acts shall be detained for more than five days and less than ten days; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
(1) intentionally destroying or defacing another person's grave or destroying or discarding another person's ashes;
(2) Parking a corpse in a public place or refusing to listen to dissuasion because parking a corpse affects the normal life and work order of others.
Article 302 of the Criminal Code of People's Republic of China (PRC).
Whoever steals, insults or intentionally destroys a corpse, skeleton or ashes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.