If I am detained for the crime of intentional destruction of property, will I be sentenced?

The amount of property loss (or the amount of the crime) can be identified by the local Development and Reform Commission (Bureau) of the ** certification center, and the identification standards of the provinces are inconsistent, and the property loss in Beijing is about 5 thousand yuan, which constitutes the crime of intentional destruction of public and private property. For criminal punishment, please refer to the relevant provisions of Article 275 of the current Criminal Law. For the same case, I only went to handle one case last month; (In Yunnan Province, the amount of the crime was determined to be 4,000 yuan, constituting the crime of intentional destruction of public or private property, and the amount of the crime was determined to be more than 7,000 yuan).

1) Compensate the victim for the loss (repair cost) and obtain written forgiveness; (2) Apply to the people's procuratorate with jurisdiction for release on bail pending further investigation, divided into financial insurance and people's insurance (I use people's insurance, find a person with a fixed income as a guarantee, and the suspect will be on hand with the summons for a period of 1 year); (3) It was completed in two days and the person was bailed out; (4) One week later, the procuratorate notified the trial and was sentenced to 1 year imprisonment with a 2-year probation; After being released on bail pending trial for one year in prison, he will not have to go to prison if he does not commit any more crimes in the next three years.

It shouldn't be a sentence, that is, a detention, and it's not a big deal. If it's a sentence, it's within three months, don't worry [if you don't pay the loss].

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.

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 basis: 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.

It depends on the damage caused to others! Something like that! Accompany some money to solve it!

It is very likely that a person who is detained for the crime of intentional destruction of property will be sentenced, but if one of the following circumstances occurs, he will not be prosecuted and will be held criminally responsible:

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime to be concealed;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility. Sidney Hall.

Legal basis] Article 275 of the Criminal Law, 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.

According to article 275 of the Criminal Law of the People's Republic of China, 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. 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 involved is huge or there are other particularly serious circumstances of lead hardship, a sentence of between three and seven years imprisonment is to be given.

Where the crime of intentional destruction of property is committed, and the amount is relatively large or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention of the same clan, or a fine is to be given; where the amount is huge or there are other especially serious circumstances, the sentence is between 3 and 7 years imprisonment. "Particularly serious circumstances" refers to destroying personal property, causing others to become mentally disturbed; 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; Wait a minute.

Intentional destruction of postal public facilities such as post boxes is not sufficient for criminal punishment shall be punished in accordance with the provisions of Article 25 of the "Regulations of the People's Republic of China on Public Security Administration Punishments"; where the circumstances are serious, criminal responsibility is to be pursued in accordance with article 156 of the Criminal Law.

II. How to determine the crime of intentional destruction of property.

1) The boundary between this crime and non-crime.

In accordance with the provisions of this article, the intentional destruction of public or private property only constitutes a crime if the amount is relatively large or the circumstances are serious. Therefore, whether the amount is larger or the circumstances are serious is the boundary between crime and non-crime. Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is an ordinary illegal act and shall be detained or given a warning, fined alone or concurrently, and ordered to compensate for losses in accordance with the provisions of the Regulations on Penalties for Public Security Administration.

The so-called "serious circumstances" generally refer to the destruction or damage of important items, and the loss is serious; The means of destroying or damaging public or private property are particularly heinous; out of the motive of blaming others, etc.

2) The boundary between this crime and other crimes.

The difference between this crime and crimes endangering public safety, such as the crime of sabotage of means of transportation, the crime of sabotage of transportation equipment, the crime of sabotage of inflammable and explosive equipment, the crime of destroying communication equipment, and the crime of sabotaging production and operation in the crime of undermining the socialist economic order, is that the latter destroys specific property and infringes on other independent objects, and this law has separately provided for a crime against it, and it should only be convicted and punished in accordance with the relevant provisions of this law.

When the crime of intentional destruction of property is determined in accordance with the law, in addition to bearing the new type of responsibility, it is also necessary to make civil compensation for the property losses caused, and both aspects of responsibility need to be borne, not to say that if one of the responsibilities is borne, then the responsibility of the other party can be exempted. In addition, the act of intentional destruction of property must reach the prescribed amount before it can be found to constitute a crime.

Intentional destruction of public or private property, where the amount is more than 5,000 yuan, may constitute the crime of intentional destruction of property, which is a criminal offense and will be sentenced by the court. According to Article 33 of the "Standards for Filing Criminal Cases by Public Security Organs", a case shall be filed for prosecution if public or private property is intentionally destroyed and one of the following circumstances is suspected:

1) Causing losses of 5,000 yuan or more in public or private property; (2) Destroying public or private property confiscated 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. According to article 275 of the Criminal Law of the People's Republic of China, 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.

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.

The number of months of criminal detention for criminals who commit the crime of intentional destruction of property depends on the circumstances of the crime, and the period of criminal detention is 1 to 6 months.

Criminal Law of the People's Republic of China

Article 42: [Period of Short-term Detention]The period of short-term detention is between one month and six months.

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.

How the detention is carried out

First of all, the sentence of criminal detention is not carried out in prison, but by the nearest public security organ. The term "nearby enforcement" here refers to enforcement in a short-term detention center set up by the public security organ in the county, city, or municipal district where the criminal is located, and where no short-term detention center has been established, it may be enforced in the detention center of the public security organ.

Second, criminals sentenced to criminal detention are allowed to go home for one or two days a month during the execution period, and they may be paid remuneration for their labor at their discretion. The number of days a month in which a criminal sentenced to short-term detention returns home shall be counted in the sentence. At the same time, it is necessary to organize them to participate in productive labor, and pay them according to their labor performance and other circumstances.

It should be noted that the remuneration provided for here may be paid on a discretionary basis, but not mandatory. This is different from the requirement that criminals sentenced to controlled work receive equal pay for equal work in their work.

Finally, if a criminal sentenced to short-term detention is detained before the judgment is enforced, one day of the sentence may be deducted for each day of the previous detention.

That's right"What is the maximum sentence for the crime of intentional destruction of property?"If you still have relevant legal questions, you can pay attention to non-litigation and private message consultation.

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.

It depends on the amount of property damaged and the circumstances.