A few days ago, the People's Procuratorate of Chaoyang District, Beijing, filed a criminal incidental civil public interest lawsuit. The court heard the case of Mr. Li and Mr. Hu reselling cultural relics and pronounced a sentence on the court. The defendants were sentenced to two years of fixed-term imprisonment and one year of fixed-term imprisonment for the crime of reselling cultural relics. They were ordered to jointly bear the cost of cultural relics restoration and identification, and publicly apologize in the news media at or above the provincial level. Bronzes have always been a very special field in the antique collection industry, and both private transactions and public auctions are strictly restricted. However, some people want to "forge their identity" by casting inscriptions on bronzes of unknown origin and profiting from them through auction companies. Before the crime, Li was the legal representative of an international auction company in Beijing. A friend introduced Li to Hu, a "craftsman" who is engaged in handicraft making and engraving. As they are fellow villagers, Li often asks Hu to help him repair antiques. In 2021, in order to let the unknown bronzes enter the auction market smoothly, Li came up with a "coup" - to give bronzes a "identity". Therefore, he contacted Hu to engrave the inscriptions in the bronze description on the bronzes prohibited by the state. In this way, these bronzes became treasures with heritage. Later, by forging invoices and other materials, Mr. Li successfully passed the examination and approval of the relevant departments and obtained auction permission, intending to resell cultural relics by auction. After identification, the two bronzes involved - bronze tripod made by Bo Yu and bronze tripod made by Zheng Qiang Bo are all Class III cultural relics, which are important national cultural relics resources. It was reported that by the end of 2021, the public security organs had successively captured Mr. Li and Mr. Hu. On December 30 of the same year, the case was transferred to Chaoyang District Procuratorate for examination and approval. During the examination, the case handling prosecutor found that the forgery of the engraved inscription by two suspect damaged the social and public interests, and there might be a public interest litigation clue, so he transferred the clue to the public interest litigation procuratorial department of our court. The criminal procuratorial department and the public interest litigation procuratorial department of the hospital have closely cooperated, discussed several key issues such as the identification of facts and the identification of cultural relics damage, and communicated with the relevant cultural relics administrative departments for many times on professional issues such as the damage and restoration of cultural relics involved in the case. The procuratorial organ has entrusted a professional appraisal institution to identify and find that the inscription on the surface of the cultural relics involved by Mr. Li and Mr. Hu has not only damaged the physical properties of the cultural relics, but also damaged the historical value, scientific research value and artistic value of the cultural relics, causing damage to the national precious cultural relics resources and social and public interests. The prosecutor of Chaoyang District Procuratorate told the reporter: "It is understood that the cultural relics involved in criminal cases will eventually be handed over to a qualified state-owned museum for collection after the court judgment, but the specific repair costs are generally borne by the museum." The court believed that, because the damage to cultural relics by Mr. Li and Mr. Hu had harmed the social public interest, they filed a criminal incidental civil public interest lawsuit against them. According to the relevant provisions of the Cultural Relics Protection Law and the Civil Code, Mr. Li and Mr. Hu were required to bear the cost of cultural relics restoration. "At present, public interest litigation in the field of cultural relics is mostly aimed at the protection of immovable cultural relics, and there are not many cases of public interest litigation in movable cultural relics." Procurator of the Court
Edit：sishi Responsible editor：xingyong
Source：http://newspaper.jcrb.com/
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