Theft case inspired by fictional novels highlights need to protect cultural relics

China's top court has warned the public against treating tomb-raiding novels as guides to committing crimes, stressing that unauthorized excavation of ancient tombs and the theft of cultural relics can lead to severe criminal penalties.

In a case released on Saturday by the Supreme People's Court and the National Cultural Heritage Administration, a man surnamed Yu was sentenced to 12 years in prison and fined for raiding ancient tombs after becoming obsessed with tomb-raiding fiction and attempting to imitate its plots.

In late September and early November 2023, Yu conspired with others to raid ancient tombs on two occasions. Armed with tools, they traveled to villages in Xinglong and Wudian townships in Zaoyang, Hubei province, where they located and excavated ancient tombs, stealing 23 artifacts, including bronze dagger-axes, jade ornaments, bronze pots and bronze ding vessels.

The two tombs date back to the Eastern Zhou Dynasty (770-256 BC), and the 23 stolen artifacts are from the Spring and Autumn period (770-476 BC). The tombs are considered significant for their historical, artistic and scientific value.

The Fancheng District People's Court in Xiangyang, Hubei province, ruled that Yu and his accomplices had committed the crime of raiding ancient tombs by excavating tombs at a provincial-level cultural relic protection site and stealing precious artifacts. Although Yu pleaded guilty, the court sentenced him to 12 years in prison and imposed a fine on March 9, citing his role as a principal offender and the serious circumstances of the crime.

The top court highlighted the case as an example of a serious crime involving cultural relics. It said such offenses not only directly damage the historical, artistic and scientific value of cultural relics, but also encourage related crimes, including the resale and smuggling of stolen artifacts, warranting harsher punishment.

"Tomb-raiding novels are works of literary imagination, with characters and plots heavily exaggerated and fictionalized, and are fundamentally different from lawful, regulated archaeological exploration and other cultural relic protection work," the top court said.

The court urged the public to maintain a clear understanding of the legal risks associated with tomb raiding and not to treat fictional stories as a "textbook" for committing crimes.

"Cultural relics are valuable resources that are nonrenewable and irreplaceable. They serve as physical evidence of China's continuous development and growth, and as an emotional bond and material embodiment of national symbols and collective memory," it said. "Their safety is the red line and lifeline of cultural relic protection."

The court noted that China faces a complex situation in safeguarding cultural relics, with heritage-related crimes becoming increasingly professionalized, technologically sophisticated and organized. Such activities are also spreading online, while major cases continue to emerge.

Many ancient sites, tombs, grottoes and stone carvings are scattered across rural fields and mountain slopes, making them vulnerable to illegal activities, it said. Some offenders, lacking awareness of cultural heritage protection, turn to crime because they misunderstand the nature and consequences of their actions.

In another case released by the two authorities, a man surnamed Shi in Xi'an, Shaanxi province, excavated an ancient tomb he discovered while clearing persimmon tree roots in his yard. He unearthed eight bronze artifacts but failed to report the discovery to the local cultural relic protection department. Shi was ultimately sentenced to 15 years in prison and fined.

Contact the writers at caoyin@chinadaily.com.cn