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the crime of sabotaging production and operation", judicial interpretation of the Criminal Law of the People's Republic of China.
Criminal Law Interpretation: Article 276 [Definition and Sentencing of the Crime of Sabotaging Production and Operation].
Article 276:Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise sabotages production and operation, 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.
Interpretation] This article is a provision on the crime of sabotaging production and business operations and its criminal punishment.
The crime of sabotage of production and business operations refers to the act of destroying machinery and equipment, mutilating farm animals, or destroying production and business operations by other means for revenge or other personal purposes.
According to the provisions of this article, the following conditions must be met to constitute the crime of sabotage of production and operation:
1. The perpetrator is a general subject, that is, a natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility.
2. The perpetrator must have committed acts of destroying machinery and equipment, mutilating farm animals, or otherwise destroying production and operation. The term "other method" means any method other than that listed in this article. For example, methods that disrupt production and operation, such as cutting off water sources, reversing production procedures, and smashing machinery and equipment.
3. The perpetrator subjectively committed the crime intentionally and had a personal purpose of venting anger and revenge or other personal purposes. The term "other personal purposes" here mainly refers to the purpose of dominating one party, attacking competitors, or seeking other improper benefits, such as the intention to achieve the purpose of sabotage, suspension of work, and non-work by destroying equipment.
According to the provisions of this article, anyone who destroys production and business operations 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. The "serious circumstances" mentioned here refer to the means that are particularly bad, causing production to stop and indirectly causing huge economic losses; Directly cause large economic losses, serious consequences, etc.
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With regard to the provisions of the crime of sabotaging production and business operations, whoever destroys machinery and equipment, mutilates farm animals, or destroys production and business operations by other means due to revenge or other personal purposes, 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.
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Punishment for the crime of sabotage of production and operation: Generally sentenced to up to three years imprisonment, short-term detention, or controlled release. According to the law, the specific punishment for the crime of sabotaging production and business operations should be based on the criminal means and objectives of the parties, and whoever destroys machinery and equipment or destroys production and operation by other means due to anger and revenge or other personal purposes 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.
[Legal basis].Article 276 of the Criminal Law.
Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise sabotages production and operation, shall be sentenced to up to three years imprisonment, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment.
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The crime of sabotage of production and business operations is punishable by imprisonment for up to three years.
Questions. How much can constitute a crime if it destroys production and operation.
Five thousand dollars is fine.
Questions. 5000 can probably be sentenced to a few years.
This is not only based on the amount, but also on whether the big operator or the small operator.
Questions. I have 3 points of arable land, but it is less than this amount, can this be accumulated over several years?
If you fail to reach 5,000 three times in a row, you will be sentenced.
It's okay twice.
Questions. This also requires evidence to prove that he did it, 3 times in a row, not alone, but a family.
I reckon you can call the police and take a look.
Is there monitoring. Questions.
I don't have it, but the other party has surveillance, can I ask the police to adjust the other party's surveillance?
There is no monitoring but there are footprints, they came out of his house and went to my field to destroy them, but I don't know who they are, can this be used as evidence?
There is no way to request access to monitoring.
The footprints should be kept by the dirt customer as evidence.
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Legal Analysis: Sentencing Standards for the Crime of Sabotaging Production and Operation: If this crime is committed, the criminal will generally be sentenced to up to three years imprisonment, short-term detention or controlled release. If the offence is serious, the offender can be sentenced to a maximum of three to seven years in prison.
Legal basis: Article 276 of the Criminal Law of the People's Republic of China: Whoever destroys machinery and equipment, mutilates farm animals, or destroys production and operation by other means due to anger and retaliation or other personal purposes, 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. Article 276-1: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the relevant departments still fail to pay it, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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Sentencing standards for the crime of sabotaging production and business operations: Where this crime is committed, the criminal will generally be sentenced to up to three years imprisonment, short-term detention or controlled release. If the crime is serious, the offender will be sentenced to three to seven years in prison.
1. What crime does defrauding 1,000 yuan constitute under the Criminal Law?
If it is extortion to obtain 1,000 yuan, it constitutes the crime of extortion. According to the provisions of the relevant laws of the state, the extortion of public or private property is "relatively large", and the starting point is 1,000 to 3,000 yuan. If the amount of this crime is relatively large, it will generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or controlled release, and a fine.
If the amount of the crime is huge, the offender is sentenced to between three and ten years in prison. If the amount is particularly huge, they will be sentenced to fixed-term imprisonment of not less than 10 years and a fine.
2. What punishment should be given to those who act as a protective umbrella for malign forces.
China's criminal law stipulates that, under normal circumstances, those who act as a protective umbrella for underworld forces will usually be removed from their positions within the Party or placed on Party probation. If the circumstances are serious, they will also be expelled from the party. If the act is an offence of the criminal law, the offender is sentenced by the court to imprisonment for a term of not less than three years but not more than ten years.
Other criminals who participate in the crime will be sentenced by the court to fixed-term imprisonment of up to three years, criminal detention, public surveillance, or deprivation of political rights.
3. The Criminal Law stipulates the number of years for the crime of arson.
China's criminal law clearly stipulates the sentencing standards for the crime of arson. Under normal circumstances, the crime of arson usually refers to the act of causing a disaster due to the negligence of the perpetrator, causing serious consequences and endangering public safety. If the offender causes the disaster negligently, the criminal will generally be sentenced to fixed-term imprisonment of not less than three years but not more than seven years by the people's court.
If the circumstances are minor, then the offender will be sentenced to up to three years in prison or criminal detention by the court.
Article 276 of the Criminal Law of the People's Republic of China: Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise destroys production and operation, 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. Article 276-1: Whoever evades the payment of laborers' labor remuneration by means such as transferring property or escaping, or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the relevant departments still fail to pay it, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be reduced or waived for the attack.
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Legal analysis: Whoever commits the crime of sabotaging production or business operations 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.
Legal basis: "Criminal Law of the People's Republic of China on Peace-Talks" Article 276 Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or destroys production and operation 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.
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Those who are detained for the crime of sabotaging production and business operations shall be sentenced to fixed-term imprisonment of not more than three years. where the circumstances are serious, a sentence of between three and seven years imprisonment is to be given. The crime of sabotage of production and business operations refers to the act of destroying machinery and equipment, mutilating farm animals, or destroying production and business operations by other means due to anger and revenge or other personal purposes.
Legal basis: Article 276 of the Criminal Law of the People's Republic of China: Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or destroys production and operation 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.
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