Article 80 of the Criminal Procedure Law: How to judge a case of intentional destruction of property

1. 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.

2. 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.

3. Intentionally destroying 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. The crime of intentional destruction of property, where the amount is 5,000 yuan or more; The amount is huge, more than 50,000 yuan.

5. In cases of intentional destruction of property, where the amount reaches 7,000 RMB, a sentence of up to three years imprisonment shall be given.

Hello, if the circumstances are minor, you can be suspended or exempted from punishment.

A sentence of up to three years imprisonment, short-term detention or a fine is to be given.

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 in a relatively large amount or with other serious circumstances. It can also be said that it refers to the deliberate and unlawful destruction or damage of public property or property owned by private citizens, so that the value and utility of a property are completely or partially lost. The constituent characteristics of this sin are:

The first is the subject characteristic, 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.

Criminal Law Provisions: Article 275 of the Criminal Law stipulates that anyone who commits the crime of intentional destruction of property shall be sentenced to fixed-term imprisonment of not more than 3 years, short-term detention or a fine; where the amount is huge or there are other serious circumstances, the sentence is between 3 and 7 years imprisonment.

Supreme People's Procuratorate, Ministry of Public Security.

Provisions on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).

Gongtong Zi [2008] No. 36) "Article 33: [Cases of Intentional Destruction of Property (Criminal Law Article 275)] 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 yuan or more to public or private property; Therefore, if the amount of intentional destruction of financial affairs in this case reaches 7,000 yuan, it meets the standard of prosecution and may involve criminal penalties.

If you have any related questions, please consult Beijing Youheng Law Firm.

The amount of the crime of intentional destruction of property in the Criminal Law is generally between 10,000 and 50,000 yuan, and the amount of money that is huge is generally 50,000 yuan or more, and at the same time, the sentence of up to three years imprisonment is generally imposed and a corresponding fine is imposed. If the amount is relatively large, the standard is 10,000-50,000 yuan, or in other major circumstances, and the sentence is up to 3 years imprisonment, short-term detention, or a fine. Where the amount of money is huge and the standard is 50,000 yuan or more, or other cases where the amount is particularly serious, a sentence of between 3 and 7 years imprisonment is to be given.

1. What is the standard for judging intentional destruction of other people's property?

In Fujian Province's determination of the crime of intentional destruction of public or private property, the "relatively large amount" is generally between 10,000 yuan and 50,000 yuan; The amount is huge, more than 50,000 yuan.

Guilty of intentional destruction of property.

1) Where the amount is relatively large (10,000-50,000 yuan in Fujian Province) or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention or a fine is to be given;

2) Where the amount is huge (50,000 yuan or more in Fujian Province) or there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.

"Particularly serious circumstances" refers to the destruction of 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.

Article 49 of the Law of the People's Republic of China on Public Security Administration Punishments stipulates that anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; 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.

The criteria for filing a case for the crime of intentional destruction of property are as follows:

1) Causing a loss of more than 5,000 yuan to public or private property;

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

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

4) Other situations where the circumstances are serious.

The boundary between the crime of illegal logging and destruction of plants under national key protection and the crime of intentional destruction of property.

Since the ownership of precious plants belongs to the state, the act of illegal felling and destruction of precious plants also infringes on the ownership of precious plants by the state, so there are similar differences with the ownership of state, collective and individual property infringed by the crime of intentional destruction of property, which is mainly manifested in:

1. The object of the crime is different. The crime of illegal felling and destruction of precious plants violates the state's management system for the protection of plant resources, and is a crime of destroying environmental resources; The crime of intentional destruction of property infringes on the ownership of public and private property, and is a crime of infringing on property;

2. The objective elements are different. The perpetrator of the crime of illegal logging or destruction of precious plants can constitute a crime as long as he commits the act of illegally logging or destroying precious plants; In addition to the act of destroying public or private property, the perpetrator of the crime of intentional destruction of property must also reach a certain amount and circumstances, and the conduct that reaches a relatively large amount or serious circumstances can constitute a crime;

3. The targets of the crime are different. The object of the crime of illegal logging and destruction of precious plants is only precious plants; The object of the crime of intentional destruction of property may be any public or private property;

4. The main elements are different. The subject of the crime of illegal logging or destruction of precious plants may be either a natural person or a unit; However, the subject of the crime of intentional destruction of property can only be a natural person, and the unit is not the subject of the crime.

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 or damage of public property or property owned by private citizens.

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

We hope you find the above helpful, and if you still have any questions, please consult a professional lawyer.

Legal basis]:

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

Intentional destruction of property] Intentional destruction of 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.

Therefore, 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 serious circumstances that prevent him. Intentional destruction of 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. If the amount is huge or there are other especially serious circumstances, the sentence is to be between three and seven years imprisonment.

Where this crime is committed, causing a loss of 5,000 yuan or more to public or private property, a case is to be filed. China's Criminal Law does not clearly define the amount of money in the crime of intentional destruction of property, but "relatively large amount" is generally determined to be between 10,000 and 50,000 yuan; "Huge" is more than 50,000 yuan.

1. How many years can be sentenced for intentionally damaging other people's property.

Intentional destruction of other people's 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 Article 10 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. Since China's Criminal Law does not clearly define the amount of money in the crime of intentional destruction of property, the "relatively large amount" is generally between 10,000 and 50,000 yuan; The amount is huge, more than 50,000 yuan.

2. What is the crime of forced demolition by the developer?

In China, the forced demolition by real estate developers may constitute the crime of intentional destruction of property. Whoever, on the basis of the provisions of the Criminal Law, 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. This crime refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances.

Article 274 of the Criminal Law [Crime of Extortion] Whoever extorts public or private property, where the amount is relatively large or extorts multiple times, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment and a concurrent fine is to be given.

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.

Article 276: [Crime of Sabotaging Production and Operation] Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or destroys production and business operations by other means, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment.

Criteria for filing a case for the crime of intentional destruction of property: Lack of sales history (1) causing a loss of 5,000 yuan or more to public or private property; (2) Destroying public or private property three or more times; (3) Gathering three or more persons to openly destroy or search public or private property; (4) Other situations where the circumstances are serious.