Destroying public and private property is about 300,000 yuan, whether there is still the possibility

Suspended sentences are only applicable to criminals who are sentenced to fixed-term imprisonment of less than three years or short-term detention, and damage to public or private property of more than 300,000 yuan is already a huge amount, and can generally be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

According to the Criminal Law of the People's Republic of China

Article 275: [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

It mainly depends on what caused it, and the penalty for intent and negligence is different.

In this case, negligence is discussed, and those who suffer major losses such as the loss or destruction of public property due to dereliction of duty shall be punished as the crime of dereliction of duty and shall be compensated in accordance with law. If the circumstances of the crime are relatively minor, and every effort is made to compensate for the losses after the crime, the attitude of admitting guilt is good, and there are expressions of remorse, a lighter punishment may be given as appropriate, and a suspended sentence is also possible. In the case of actual punishment, it depends on the specific circumstances of the crime.

If the property is deliberately destroyed and the person concerned pays compensation, the sentence will be much lighter and it is likely that a suspended sentence will be imposed.

If the property is deliberately destroyed, the person concerned is unable to pay compensation or does not have compensation, and the amount is relatively large, it is likely to be sentenced to actual punishment.

According to article 275 of the Criminal Law, a person who intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or a fine. Where public or private property is intentionally destroyed, where the amount is huge or there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.

You said that the property of 300,000 yuan was destroyed, which is a huge amount, and if you do not have the ability to compensate or do not compensate, then you are likely to be sentenced to 3 years --- 7 years in prison.

Sentencing standards for the crime of destroying public property: Generally sentenced to up to three years imprisonment, short-term detention or controlled release; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances.

"Particularly serious circumstances" refers to the destruction of personal property, causing others to suffer from mental disorders; Destruction of production and operation equipment and facilities, resulting in suspension of production or suspension of operation, resulting in heavy losses; The means of destruction are extremely bad.

According to the provisions of China's criminal law, the crime of intentional destruction of property refers to the intentional destruction or damage of public or private property. Acts where the amount is relatively large or there are other serious circumstances. It can also be said that it refers to the deliberate and unlawful destruction of public property or the property owned by private citizens.

An act that completely or partially voids the value and utility of a property.

Elements of this crime:

1) Object element: The infringement is the ownership of public or private property. The target of the crime may be any public or private property, but the destruction of specific public or private property shall be handled in accordance with the provisions of the Criminal Law.

2) Objective elements: Destruction or destruction of public or private property, where the amount is relatively large or the circumstances are serious. To constitute this crime, it is required that the amount reached is relatively large or the circumstances are serious, otherwise it is to be handled as an ordinary illegal act.

3) Subject Elements: General Subject. That is, citizens who have reached the age of 16 and have the capacity for criminal responsibility.

4) Subjective element: intent, including direct intent and indirect intent.

The constitutive characteristics of this crime are: First, the subject aspect, the subject of this crime is a general subject, any natural person who has reached the age of 16 and has the capacity for criminal responsibility.

Legal basis

Article 275 of the Criminal Law of the People's Republic of China.

Where public or private property is intentionally destroyed, and the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Legal Analysis: According to the provisions of relevant laws, intentional destruction of public or private property causes a loss of more than 5,000 yuan to public or private property, destruction of public or private property more than three times, gathering three or more people to openly destroy public or private property, and other situations where the circumstances are serious. In the first circumstance of the criteria for filing a case for this crime, as long as the perpetrator causes losses of 5,000 RMB or more to public or private property, the public security organs shall file a case for investigation.

In the second circumstance of the criteria for filing a case for this crime, as long as the perpetrator has damaged public or private property three or more times, even if the amount is less than 5,000 RMB, a case may be filed for investigation. In the third circumstance of the criteria for filing a case for this crime, where the perpetrator gathers others to commit damage to public or private property, as long as the number of people reaches three or more, the case may be opened for investigation.

Legal basis: Article 33 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1) stipulates that anyone who intentionally destroys public or private property and is suspected of one of the following circumstances shall be prosecuted:

1) Causing losses of 5,000 RMB or more to public or private property;

2) Destroying public or private property three or more times;

3) Gathering three or more people to openly destroy public or private property;

4) Other situations where the circumstances are serious.

Destruction of 13,000 yuan of public or private property, generally suspected of the crime of intentional destruction of property, is a relatively large amount, and the statutory penalty is: up to three years imprisonment, short-term detention or a fine.

The law stipulates: Article 275 [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

The Supreme People's Procuratorate and the Ministry of Public Security, "Provisions on Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (1)".

Article 33: [Cases of Intentional Destruction of Property (Criminal Law Article 275)] Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed and prosecuted:

1) Causing losses of 5,000 RMB or more to public or private property;

2) Destroying public or private property three or more times;

3) Gathering three or more people to openly destroy public or private property;

4) Other situations where the circumstances are serious.

Where it is suspected of constituting the crime of intentional destruction of property, and the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.

For details, see Criminal Law: Article 275 Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

1.Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

2.Article 275 of the Criminal Law of the Zhejiang Provincial High People's Court on the Conviction and Sentencing Circumstances and Monetary Standards for Some Crimes [Crime of Intentional Destruction of Property] In any of the following circumstances, it is a "relatively large amount or there are other serious circumstances", and a sentence of up to three years imprisonment, short-term detention or a fine is to be given:

destroying public or private property with a value of 5,000 yuan but not more but less than 50,000 yuan;

destroying public or private property 3 or more times;

Gathering 3 or more people to openly destroy public or private property, causing property losses of 2,000 RMB but less than 20,000 RMB;

Other circumstances of serious circumstances.

In any of the following circumstances, it is a "huge amount or there are other especially serious circumstances", and a sentence of between three and seven years imprisonment is to be given:

destroying public or private property with a value of 50,000 yuan or more;

Gathering 3 or more people to openly destroy public or private property, causing property losses of 20,000 yuan or more;

Other situations with particularly serious circumstances.

3.Intentional destruction of property, if the value of the destroyed property in Zhejiang meets the sentencing opinion of the Zhejiang High Court or above, it will be sentenced in accordance with the corresponding provisions. The subject of responsibility for this crime is a person who is 16 years of age or older, has subjective intent, and uses methods such as smashing, smashing, or smashing to destroy the use and value of property, and the value of the destruction is to be appraised by the relevant institutions entrusted by the public security organs.

According to your description, 20,000 yuan meets the requirements of paragraph (1) of the opinion, and may be sentenced to up to three years in prison, criminal detention or a fine.

1. There are two levels of sentencing for the crime of intentional destruction of property;

1. Where the amount is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment, short-term detention or a fine is to be given;

2. Where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

II. Subjects of a suspended sentence: Those sentenced to short-term detention or up to 3 years imprisonment.

If the amount is huge, it shall be sentenced to imprisonment for more than 3 years, unless it is sentenced to 3 years, a suspended sentence may be given; As long as it is more than 3 years, it can only be sentenced to actual punishment.

According to the law, criminal responsibility for the loss of more than 5,000 yuan in public or private property shall be investigated; 23,000 is a relatively large amount and is sentenced to fixed-term imprisonment of not more than three years. falls within the conditions of probation. If it is a secondary offense, a suspended sentence can be sought.

Article 275 of the Criminal Law: Whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to up to three years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.