The National Palace Museum stolen case the whole story
Palace Thief case of Final Appeal upheld lawyers known as the Forbidden City is not subject to legal privilege Court that: in key cultural relics protection units, the theft is particularly serious
this morning, the Forbidden City the theft at the Beijing Higher People’s Court upheld the sentence, the court dismissed Dan Bokui’s appeal and upheld the original verdict.
March 19, 2012, the National Palace Museum theft case in the Second City Court of First Instance sentenced. The Imperial Palace Thief “the Shi Bokui end for theft was sentenced to 13 years and fined 13,000 yuan, and deprived of political rights for three years. Dan Bokui has filed an appeal that the sentence is too.the lawyer
Forbidden City should be entitled to legal privilege?
??defense lawyer Huang Changyong mainly make two points in defense of views.
First, the Forbidden City should enjoy legal privilege? Huang Changyong, the Forbidden City is a national key cultural relics protection units, but we can not deduce stolen the Forbidden City to enjoy the privilege to increase the penalty for theft of people.
China’s implementation of the crime of statutory, legal basis of the museum as a key protection units have appeared in the Supreme People’s Procuratorate handle theft cases in the specific application of the law a number of issues on the current answer, but the explained has been abolished.
Secondly, the stolen exhibits whether the aggravating sentencing “weight”? 5 from the Forbidden City after the founding of the theft, the defendant is not the death penalty is no period, there were special provisions for the precious relics of stealing state. The Shibai Kui case occurs, the law have been different. Stolen exhibits works of art, artifacts, and does not belong to the type of aggravating sentencing.
Huangchang Yong believes that the value of the stolen items is a necessary component identified as “especially serious. The case of stolen exhibits is a legendary genuine, can not be identified, there is no conclusion. Criminal sentence two according to Tibet, Hong Kong Museum of the insured to prove the “valuation”, the do Sentencing reference not serious.
the Huang Zhangyong pointed out that the the Dan Bokui without prior planning, subjective vicious little. “This case only occurs in a sensitive place, just an ordinary theft.”
key cultural relics units theft plot particularly serious
defense lawyer mentioned opinion, the court held that the Court of First Instance ruled that the facts of the crime of Dan Baikui and Pirates of the number of items and value determination, both by the hearing of the statutory procedures real evidence, evidence, evidence of the law. Shibai Kui because of violation of public security management regulations have received punishment, after repeatedly implementation of the theft crime, crime subjective malignant large, particularly serious circumstances of the crime and the harm to society.
High Court of Final Appeal, Danbo Kui has theft of exhibits and other people’s property at the national key cultural relics protection units, etc., and Department of multiple theft, his acts constituted theft, and crimes are particularly serious. The Court of First Instance has given its frank and other statutory or discretionary lighter punishment, the first instance sentenced him to 13 years imprisonment, conviction and correctly applies the law, the penalty was appropriate, should be maintained.
the court of second instance decision rejected the appeal and upheld the conviction.
regret: the final judgment there is no clear loss amount
first instance, the prosecutor considers that Shibai Kui circumstances of the crime is serious. The stolen items rare, not copy, it is recommended to its given a heavier punishment.
the Huang Zhangyong that the amount of the theft can not be determined, the insured value of stolen items can not be identified as the value of the property.
final sentence, Huangzhang Yong told reporters that the court of second instance upheld the factual basis for the suspect to cause significant losses to the National Palace Museum, causing major losses to the victims unit, subjective vicious and harmful to society particularly serious. The appellant’s grounds of appeal were not adopted.
view from the second trial, the amount of the theft there is no clear, significant property damage in the end is always not clear, it is a pity, “said Huang Changyong.
“After the first trial in March, Shi Bokui mentality does not change the sentencing today, Shibai Kui was very calm, his family did not appear in court.” As to whether a complaint on the second instance, Huang Changyong when The Chamber did not stand, “I want to and Dan Baikui communication, before making a decision.” said Huang Changyong.
text/reporter Wang Wei Wen Rujun
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