Public trial Zhang Youping screenshot of on-site trial
Zhang Youping, former member of Gansu CPPCC Ethnic Committee and director of Tianshui Ji Cheng Museum, was tried on the morning of June 5 for being accused of illegally buying cultural relics from Meng Laoda, the "first person" who robbed the tomb in the northwest.
The prosecution alleged that Zhang Youping, the legal representative of Tianshui Ji Cheng Museum, knew that the cultural relics involved were stolen goods and needed to be illegally acquired for collection, which constituted the crime of concealing and concealing the facts of the crime. However, because the purchase of cultural relics is not for illegal interests and has not caused cultural relics losses, it can be given a lighter or exempted punishment; Defense lawyers believe that Zhang Youping did not conceal or conceal the subjective motives of robbery. The trading place is a legal antique and cultural relics trading market, and the cultural relics involved are used for public exhibitions. The defendant and the defendant unit do not constitute a crime.
The trial was held in Xianyang Intermediate People's Court, which started at 9: 30 am and lasted for 4 hours and 38 minutes. The court did not pronounce a verdict in court and announced the retrial on another day.
Previously, a major grave robbery occurred in Chunhua, Shaanxi. The local police followed the line and finally dug up Meng Moujian, the northwest grave robber who is known as the "number one figure" in the northwest grave robbery world.
Official website promotional pictures of Tianshui Ji Cheng Museum
No loss of cultural relics was caused, and the prosecution suggested reducing or exempting the punishment.
On the morning of June 5th, Xianyang Municipal People's Procuratorate filed a public prosecution with Tianshui Ji Cheng Museum for the defendant Zhang Youping's alleged concealment of a crime. The case was heard in Xianyang Intermediate People's Court.
The prosecution believes that the defendant Tianshui Ji Cheng Museum is a non-state-owned museum, and according to Article 51 of the Cultural Relics Protection Law, it is not allowed to buy or sell precious cultural relics in its collection; Defendant Zhang Youping is the legal person of Tianshui Ji Cheng Museum and the leader of the leading group of cultural relics collection, and he bought it for the needs of museum collection, knowing the stolen goods obtained by others. His behavior violated the provisions of Article 3 12 of the Criminal Law of People's Republic of China (PRC). "The facts of the crime are clear and the evidence is really sufficient", the director of Tianshui Ji Cheng Museum should be investigated for criminal responsibility for concealing the facts of the crime. Defendant Zhang Youping is the legal representative of Tianshui Ji Cheng Museum, and should
According to this newspaper's previous report, Han Yunling, a national cultural relics protection unit in Chunhua, Shaanxi Province, was stolen from July 2065438+2006. The local police dug up other grave robbers from a grave robber, then expanded the line and dug up "Meng Laoda".
Meng Laoda, whose real name is Meng, is the "number one" figure in the northwest grave robbery case. After an in-depth investigation by the police, the people behind the boss Meng who bought cultural relics have been mastered by the local police, and one of them is Zhang Youping, curator of Tianshui Ji Cheng Museum.
According to Chunhua police, Zhang has several companies in Tianshui, An and other places, and Zhang and Meng were introduced by friends. Zhang claims to be a cultural relic lover. He built a private museum in Tianshui and exchanged cultural relics with Meng. Later, I learned that Meng was a grave robber and had power in Shaanxi and Gansu, so I accepted Meng's goods.
On April 26, 2008, Zhang Youping was criminally detained by the Chunhua County Public Security Bureau for concealing and concealing the facts of the crime. He was arrested by Chunhua County Public Security Bureau on May 25th, 2008, released on bail pending trial by Chunhua County Public Security Bureau on June 9th, 2008, and released on bail pending trial by Xianyang People's Procuratorate on June 3rd, 2008.
According to the articles of association of Cheng Museum, its business scope is to rescue and collect cultural relics scattered overseas and among the people according to the relevant documents of the state and Gansu Province.
According to the public information of Gansu Provincial Bureau of Cultural Relics, Tianshui Ji Cheng Museum is located in Nanguo Temple Scenic Area, Qinzhou District, Tianshui City. Founded in June 5438 +2007 10, it is a non-state-owned museum. In June 5438+10, February 2065438+01February 65438, the museum was also awarded the patriotic education base by Tianshui Municipal Committee and Gansu Provincial Party Committee Propaganda Department respectively. Since August 2008, Tianshui Ji Cheng Museum has been open to the public free of charge. The exhibition hall covers an area of more than 3,000 square meters, and the Chen Zhan is divided into four units: painted pottery, bronze ware, jade, painting and calligraphy. More than 20,000 pieces of various collections.
"In view of the fact that the defendant's acquisition of cultural relics is based on the needs of museum exhibitions, not for seeking illegal interests, and the defendant Tianshui Ji Cheng Museum and the defendant Zhang Youping actively cooperated with the investigation organ to recover the cultural relics involved, which objectively did not cause loss of cultural relics, they should be mitigated or exempted from punishment. According to the first paragraph of Article 176 of the Criminal Procedure Law of People's Republic of China (PRC), please be sentenced according to law. " At the trial on June 5, 2006, the prosecutor said.
The defendant claimed that this was to avoid overseas logistics.
For the charges alleged in the indictment, Zhang Youping defended himself during the trial, saying that he did it for collection. "We also hate criminals who rob ancient tombs." The purpose of collection is to prevent cultural relics from flowing overseas. "There is nothing wrong with collecting cultural relics in the open market."
Zhang Youping said in court that Wang Xingyi, the captain of Tianshui Public Security Bureau, introduced Meng Moujian on 20 15, and bought cultural relics from Meng Moujian for the first time on August 20 15. It is the base of a pair of gold-plated chimes. Later, I bought more than 100 pieces of cultural relics in Mengmou Building, involving about five or six million RMB. Later, he exhibited these cultural relics in Tianshui Ji Cheng Museum.
The defense lawyer of Ji Cheng Museum in Tianshui, the defendant unit, said that "knowing" and "subjective intention" in the indictment were not established, and the two parties traded the items involved at normal time. The defendant unit purchased cultural relics according to its business scope and followed the principle of "no source, no authenticity" in the transaction. Moreover, the cultural relics trading place "Xi 'an Datang Xishi Antique City" in this case is a legal antique cultural relics trading market with strict supervision institutions. Therefore, the buyer has reason to believe that the transaction under the formal supervision of the government is legal, and the supervision obligation or administrative dereliction of duty of law enforcement agencies should not be imposed on a buyer because of improper supervision. "
"The cultural relics purchased by the defendant unit were later used for public exhibitions. Its publicity can only show that it is not considered as the proceeds of crime, and there is no need to cover it up. It also confirms the fact that it does not know that it is the proceeds of crime. " The defendant's defense lawyer added, "Any crime of harboring will not make the stolen goods public."
The defense lawyer of the defendant unit also believes that "in this case, the defendant unit acquired cultural relics by purchasing cultural relics and included them in the cultural relics collection, which played a role in protecting cultural relics for the country. The collection of cultural relics also belongs to the state, so it does not infringe on the state's property rights to cultural relics. "
Zhang Youping's defense lawyer also said in the trial that Zhang Youping "has no subjective motive to conceal and cover up the proceeds of crime" and that "the defendant unit has not only failed to profit from the transaction, but has been paying manpower and financial resources to protect cultural relics".
The defendant's defense lawyer also said that the defendant's behavior in this case is not harmful to society and should not be considered as a crime and should not be subject to criminal punishment.
In response to the defendant's defense opinions, the prosecutor said that most of the cultural relics involved in this case were ancient objects used for sacrifice. "All from the tomb, the cultural relics unearthed in the tomb are nothing more than legal and
In the end, the case was tried for more than four hours, and the prosecution and the defense debated fiercely. The court announced an adjournment and decided to retry the case on another day.