Someone else s car blocked my garage, is it illegal for me to smash his car

Updated on society 2024-02-29
17 answers
  1. Anonymous users2024-02-06

    Violating the law, according to Article 275 of the Criminal Law: Whoever intentionally destroys public or private property, and 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.

    According to Article 33 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)": "Intentional destruction of public or private property, suspected of any of the following circumstances, shall be filed for prosecution:

    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. ”

  2. Anonymous users2024-02-05

    China's law I am also hehe, is it reasonable to block people's garages, yes, deliberately destroying people's cars is not right, but you have to see what is the basis for destruction, if the law is like this, how to protect the legitimate rights and interests of people who understand the law, this can only indulge those who block the garage, parking indiscriminately, if a legal offender is a parking block, the indiscriminate parking of vehicles is drawn, smashed, the consequences are at your own risk, so the law is introduced, you see that it is not parked indiscriminately, do not think that the vehicles will retaliate, What will happen? If you don't have such a law, you won't have disputes, China's law, think about it yourself, how to do practical things for the people.

  3. Anonymous users2024-02-04

    is against the law

    Penal Code. Article 275: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.

  4. Anonymous users2024-02-03

    It is also illegal for the car to block the garage door, and if you don't move the car, you can choose to call the police. Smashing a car is worse than a traffic jam.

    The day before yesterday, there was a car blocking the garage door, and the car couldn't get out, and he was scolded for moving the car. It's all a community, so I put up with it.

  5. Anonymous users2024-02-02

    If someone else's car occupies the parking space of the person concerned, they must not smash someone else's car. Smashing it will constitute the crime of intentional destruction of property and will result in jail time.

    Malicious smashing of another person's car may constitute the crime of intentional destruction of property. The specific sentence may be several years, depending on the specific circumstances of the case, the value of the smashed car, the losses caused to the owner of the car because of the smashing, the compensation, whether the owner of the car understands, and other circumstances. Where intentional destruction of public or private property, where the circumstances are relatively minor, is an ordinary violation of the administration of public security, and the victim suffers economic losses as a result of the criminal act, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.

    According to the relevant laws and regulations: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally destroys public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB. At the same time, the perpetrator was ordered to compensate for the losses.

    Intentional destruction of public or private property, suspected of any 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.

    The crime of intentionally damaging other people's property, that is, the crime of intentionally destroying property, refers to the crime of intentionally destroying or damaging public or private property, where the amount is relatively large or there are other serious circumstances. The object of the crime is property owned by the state, a unit, or others, including immovable and movable property, including property and property interests in a narrow sense. Whether or not the perpetrator is in possession of the property does not affect the establishment of the crime of intentional destruction of property.

    However, the property that is destroyed must be owned by another person, and the destruction of one's own property does not constitute the crime of intentional destruction of property.

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

  6. Anonymous users2024-02-01

    You must accompany someone, you don't have to go to jail, someone else occupies your parking space, you can call 110 to call the police**, report the other party's license plate number to**, **will notify the owner. Don't do something stupid about smashing a car, it's better not to do it. It is not right for someone else to occupy your parking space, but because you smashed the car that occupies the parking space, it is considered to deliberately damage other people's property.

    Originally, he belonged to the person whose interests were infringed, but as a result, he became a lawbreaker, and the gains outweighed the losses.

    Legal analysis

    If you encounter someone else occupying a parking space, if you can't contact the owner, you can ask the property to deal with it, and if you find the occupant, you can ask him to pay the fee. In the property management area, in violation of the relevant laws and regulations on public security, environmental protection, property decoration and use, property service enterprises shall be stopped, and promptly report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.

    It is certainly not right for you to fight violence with violence, and both of you will have to bear the legal responsibility. The other party's beating violated the Public Security Administration Punishment Law, and he was punishable by a fine, arrested for up to 15 days, and investigated for criminal responsibility if he caused more than minor injuries. Your practice of smashing the car is a practice of intentionally destroying finances, and it also violates the law on penalties for the administration of public security, and you will be fined and arrested for up to 15 days, and if the amount is relatively large, it constitutes the crime of intentional destruction of property, and you will be investigated for criminal responsibility.

    On the civil side, the other party can be required to bear the victim's medical expenses, nursing expenses, nutrition expenses, lost work expenses, transportation expenses, etc. You are required to compensate for the damage to property caused by the other party's vehicle.

    Legal basis

    Law of the People's Republic of China on Public Security Administration Punishments

    Article 26: Those who commit any of the following conduct are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB: (1) Gang fighting; (2) Chasing or intercepting others; (3) Forcibly taking or arbitrarily destroying or occupying public or private property; (4) Other acts of picking quarrels and provoking trouble.

    Article 9: Where the circumstances are more minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

    Property Management Regulations" Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and timely report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.

  7. Anonymous users2024-01-31

    Someone else has taken your parking space. You can find people who occupy your parking space. There are many ways to do this, either through the property or through 110.

    But you must not smash people's cars. Finding someone else's car is a way to damage someone else's company finances. Compensatory work must be made.

    What can be solved through normal channels, don't go your own way. Otherwise, the legal consequences of the punishment are unimaginable. So you smashed somebody else's car, whether he was taking your parking space or whatever.

    It's all about paying.

  8. Anonymous users2024-01-30

    If someone else occupies your parking space, you can call the police on 110 and report the other party's license plate number to **, and the owner will be notified. Don't do something stupid about smashing a car, or it will be hard to say.

  9. Anonymous users2024-01-29

    There is no need to smash the car, you will be required to compensate for destroying his personal property, the gains outweigh the losses, you can communicate and solve it first, and then take other measures if it doesn't work.

  10. Anonymous users2024-01-28

    Of course, it is a crime for you to do this, you still have to pay compensation for smashing someone else's car, and you will also be punished, of course it is wrong for him to occupy your parking space, but you can't use violent means.

  11. Anonymous users2024-01-27

    If this parking space is a parking space that you paid for, and someone else occupies your parking space, you can go and tell him to fine him the money and negotiate with him, but if everyone has the right to 4 public parking spaces, if you smash his car, of course you will go to jail.

  12. Anonymous users2024-01-26

    It's a small thing. Praise for a while, because a parking space, even if it is your personal parking space, others will not make a big move, what kind of car to smash, what kind of car to burn, not to! At the very least, morality.

    Let him. Remove as soon as possible. That's it.

    Because of such a trivial matter, there is still a big fight. It also involves imprisonment, what kind of sentence is life imprisonment, head murder and the like, oh, no. Let one step natural style let people one step.

    Natural.

  13. Anonymous users2024-01-25

    You can block his car and charge him for parking.

  14. Anonymous users2024-01-24

    Legal analysis: If the amount involved is relatively large, it can be dealt with by the police. The crime of intentional destruction of property shall be criminally punished according to the amount and severity of the circumstances.

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

  15. Anonymous users2024-01-23

    If the car is parked and the door of someone is smashed, you can call the police first, and hand it over to the traffic police for responsibility determination. If there is no liability, compensation is claimed. The car was smashed:

    1. Man-made smashing of the car 2, high-altitude throwing of objects and smashing of the car 3, improper management of public facilities by the property company, resulting in collapse and smashing of the car. 1. Artificially smashing the car (1) Handling method: call the police, and report to the insurance company within 48 hours, and wait for the insurance company to assess the damage.

    2) There are three legal relationships involved: 1. The tort legal relationship is between the person who smashed the car. 2. The custody contract relationship is between the property company and the property company, but there is a certain amount of controversy, and the identification is not uniform in practice.

    The question is asked artificially, and there is monitoring and witnessing.

    Call the police as soon as possible, and then give the evidence to ** first, and then let that person give you a certain amount of compensation.

    The other party did not admit it, he had called the police, and the police station had called the other party, but the other party did not admit that the car had smashed a hole, and it cost 500 yuan to repair it.

    If you don't admit it, you can also let the police come to him, and then let the police take your evidence and let him see it and not admit guilt, and then it seems that he is going to go in and squat for 15 days.

    The question is a neighbor again, can the police station judge like this?

    I believe that further still need to ask the police.

    I read it online before.

  16. Anonymous users2024-01-22

    Summary. <>

    Hello dear! Offending pro. Smashing a private car is a crime of intentional destruction of property.

    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. The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime. Intentional destruction of public or private property in accordance with article 275 of the Criminal Law.

    Is it illegal for someone else's car to block the door and smash the car?

    Hello dear! Offending pro. Smashing a private car is a crime of intentional destruction of property.

    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. The subject of this crime is a general subject, and any natural excavator who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute a conviction for this crime. According to Article 275 of the Criminal Law, intentional destruction of public or private property is discussed.

    Dear, the following is the legal basis I have compiled for you: Article 275 of the Criminal Law of the People's Republic of China, 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.

    Hello dear! The owner of the car blocked your door, have you negotiated with the owner?

  17. Anonymous users2024-01-21

    Summary. Hello, dear, I am very happy to answer for you. I occupied someone else's parking space, someone else blocked me with a car, and I drove and crashed into the solution, as follows.

    Blocking someone else's car to hit and drive is considered to be responsible, depending on the specific situation: (1) If the other party is illegal parking, there is a fault, and a certain amount of responsibility must be borne, but the rear car is also responsible and accounts for the main responsibility; (2) If the evasive vehicle collides with another vehicle, if it is determined to be an emergency avoidance, the responsibility for the accident shall be borne by the person who caused the danger, and the evasive person shall not be liable.

    I occupied someone else's parking space, someone else blocked me with a car, and I drove into it.

    Hello dear, I am very happy to defer the bridge for you. I occupied someone else's parking space, someone else blocked me with a car, and I drove and crashed into the solution, as follows. Blocking someone else's car and hitting it depends on the specific situation:

    1) If the other party is illegal parking, there is a fault, to bear a certain responsibility, but the rear car is also responsible and accounts for the main responsibility; (2) If the evasive vehicle collides with another Minzao Li car, if it is determined to be an emergency evacuation, the responsibility for the accident shall be borne by the person who caused the danger, and the evacuator shall not be liable.

    Legal basis: Article 99 of the Road Traffic Safety Law of the People's Republic of China shall impose a fine of not less than 200 yuan but not more than 2,000 trillion yuan on any of the following acts: (1) driving a motor vehicle without obtaining a motor vehicle driver's license, having a motor vehicle driver's license revoked, or driving a motor vehicle during the period when the motor vehicle driver's license is suspended; (2) Leaving a motor vehicle to be driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or temporarily detained; (3) Fleeing after causing a traffic accident does not constitute a crime; (4) The motor vehicle is driving more than 50 percent of the speed limit; (5) Forcing a motor vehicle driver to drive a motor vehicle in violation of road traffic safety laws, regulations, or requirements for safe driving of motor vehicles, causing a traffic accident, which does not constitute a crime; (6) Forcibly passing in violation of traffic control regulations and not listening to dissuasion; (7) Intentionally destroying, moving, or altering a facility that causes harmful consequences, but does not constitute a crime; (8) Illegally intercepting or detaining a machine-wide lead-driven vehicle, and not listening to dissuasion, causing serious traffic obstruction or relatively large property damage.

    Where the perpetrator has any of the circumstances in items (2) or (4) of the preceding paragraph, the motor vehicle driver's license may be revoked concurrently; In any of the circumstances in items 1, 3, 5 through 8, they may be detained concurrently for up to 15 days.

    You tell me the details, and I'll analyze it for you! <>

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