Defendant Michael Rohana (Image Source: Associated Press)
Overseas Network, April 11, 2017 The case of American men breaking and stealing the fingers of Terracotta Warriors and Horses has made new progress recently. However, to many peoples surprise and indignation, because the jury disagreed on whether the defendant was guilty or not, the local court ruled that the trial was invalid and the jury was dissolved.
The jury spent 11 hours arguing over the suspects alleged drunkenness and foolish mistake
Damage and theft of cultural relics leads to invalid trial? On this case, lets sort out the specific situation first. In September 2017, the Terracotta Warriors and Horses Exhibition opened at the Franklin Society Museum in Philadelphia, according to foreign media reports such as the Philadelphia Inquirer and the Capitol Hill. In February 2018, the thumb of a terracotta warriors and horses statue was broken off and stolen at the US media explosion exhibition. It took two weeks for the museum to find it.
The suspect, Michael Rohana, said after being arrested by police that he slipped into the hall on December 21, 2017 when he went to the museum to attend an ugly sweater party, broke off the terracottas thumb and put it in his pocket. Although he confessed to the crime in court, Rohana called himself a foolish mistake when he was drunk.
The defendant and the prosecution had a fierce confrontation on the case recently. Rohanas defense attorneys claim that the accused was charged with deliberate robbery of museums as improper charges, which they regard as a case of deliberate vandalism by young people. The prosecution said that Rohana deliberately broke the terracotta warriorsthumbs, took them out of the museum and took them home, which was theft.
The 12-member jury spent 11 hours arguing, but could not agree on Rohanas crimes of theft and concealment of cultural relic parts. On the afternoon of September 9, the district judge dismissed the jury and declared the trial null and void. Rohanas family and supporters shook hands and hugged in court, while prosecutors said they would decide whether to retrial before May 15.
American netizens are not satisfied with the result: this idiot can not be excused from this crime
Screenshots of comments by netizens
For Rohanas foolish behavior and the verdict result, American netizens do not protect the short side, expressing their indignation straightforwardly. The idiot in this case is 25 years old, and he is no longer a child. Stewart said frankly that he could not spare the criminal. Buffett from Boston also said that it was embarrassing to destroy property lent by other countries during the exhibition. What a fool he is!
Jeff said with emotion: If you have been to Paris, Berlin, Amsterdam, Rome, or China, Japan, you will soon realize that what human beings did thousands of years ago, hundreds of years ago, is better than what you can achieve today. And this kid didnt even grasp this little concept. He even directly called for Rohana to experience three years of hard archaeological excavation somewhere.
As for the invalidity of the judgment of American courts, it is difficult for many people to understand. The defense view is that if you wear an ugly Christmas sweater and get drunk, you can forgive the destruction of art works? Some netizens said so. John also said, Drunk and stupidity should not be justified. Others ironically said, Obviously, foolishness is not a crime.
Screenshots of comments by netizens
Sams statement was straightforward: This case needs to be retried. The jurys disagreement is not enough for such an obvious criminal to escape. Some netizens did not miss the museum with lax security measures. They criticized that there are too few security patrols in the museum. Some people touch objects and destroy them. It takes two weeks to notice them.
Screenshots of comments by netizens
This time, Americans broke off and stole terra cotta warriorsfingers, which had a bad effect. It also made American netizens worry that the reputation of the United States in the international community would be damaged, and then became the rejected object of all countries when considering cultural relics exchanges. Netizens named iTheJury lamented that Rohana had to get the heaviest sentence. Now, it is becoming more and more difficult for the rest of us (Americans) to benefit from cultural exchanges.
These ancient Chinese terracotta warriors and horses have a history of more than 2,000 years, said Eddie, a netizen. Museums displaying these exhibits should protect them more carefully. If this person can escape this crime, it may hinder any future exhibition, which will be a disgrace.
Terracotta Warriors and Horses Data Map (Figure Source: Getty)
Expert interpretation: the defendant can not escape civil liability after all.
Does the result of the judgment mean that this case, which has received much attention at home and abroad, will not be solved? Huo Zhengxin, vice president of the school of international law of China University of Political Science and Law, told the overseas network that he believed that the mans criminal responsibility should abide by the American legal decisions, but he could not escape civil liability, including destroying cultural relics and stealing.
If the U.S. District Court fails to reopen the case in May, then from the perspective of criminal law, it means that the case will come to an end temporarily, which is also the result that we do not want to see. But even so, the Chinese side has other tactics.
Liang Shuying, a professor at the School of International Law, China University of Political Science and Law, pointed out that the failure to restart the case only means that the criminal prosecution of the man is over, but the Chinese side can still claim civil compensation from the museum and the man. The specific compensation measures shall be carried out in accordance with the contents of the agreement signed by the two parties. The fact that the man destroyed the cultural relics does exist, so he should pay compensation in accordance with the relevant provisions of the United States. If the US Museum fails to implement the relevant agreement, it can raise the incident to the national level according to the Chinese demand, and continue to pursue the responsibility through diplomatic and other means.
How can Chinese cultural relics exhibited abroad be protected and compensated to the greatest extent? Huo Zhengxin mentioned that China is currently mainly pursuing the mans responsibility through the exhibition agreement. He also suggested that in the future, efforts should be made on the exhibition agreement, clearly listing the responsibilities and obligations of both parties, fully evaluating the ability of exhibition countries to protect cultural relics and deal with emergencies, doing a good job in risk prevention, trying to improve the content of the agreement, and avoiding similar incidents from the source. Liang Shuying pointed out that the loss of cultural relics is immeasurable, considering that problems may arise in all links of the loan process, so it is prudent or inappropriate to lend cultural relics with a very long history and extraordinarily precious value.
Terracotta Warriors and Horses in the United States were broken and stolen fingers court declared the trial null and void
The jury disagreed, and the court declared the trial null and void, the Philadelphia Inquirer reported Tuesday, in response to the case of American man Michael Rohana who broke and stole the fingers of the terracotta warriors and horses of the Chinese Emperor Qin Shihuang on display in the local museum, because the jury disagreed on whether the defendant was guilty or not. The local court ruled that the trial was null and void and the jury was dissolved.