What is the boundary between arson and intentional destruction of property?

Hello: The crime of arson refers to the act of intentionally setting fire to public or private property and endangering public safety. The crime of arson is characterized by the violation of the life, health, and safety of major public and private property of an unspecified number of people, and is a serious crime.

The crime of intentional destruction of property can be carried out in a variety of ways, and among them, the method of arson and burning may also be used to destroy other people's property. The key difference between the crime of arson and the crime of intentional destruction of property committed by arson is whether it endangers public safety. If it endangers public security, it constitutes the crime of arson; If it does not endanger public safety, it constitutes the crime of intentional destruction of property.

In determining whether an act endangers public safety, comprehensive consideration may be made based on specific circumstances such as the place where the criminal conduct was committed, the method of committing the crime, and the climate in which the crime was committed.

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. 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 offence of intentional destruction of property is usually the result of some practical cause. The perpetrator may be motivated by retaliation against the owner of the property, or by jealousy or other similarly targeted psychological attitudes, and the destruction of property resulting in damage to the property of the owner is the purpose of the crime.

Hello: Criminal law provisions.

According to article 275 of the Criminal Law of the People's Republic of China, anyone 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.

In addition, if intentional destruction of other people's property constitutes a crime, it is also liable for civil compensation. According to the provisions of paragraph 1 of article 36 of the Criminal Law of the People's Republic of China, where the victim suffers economic losses as a result of a criminal act, the criminal shall be given criminal punishment in addition to law. and, depending on the circumstances, a sentence of compensation for economic losses shall be imposed.

Hope my expertise can help you Thank you.

The main difference is that the object of the crime is different. The former is a public safety and the latter is a violation of property rights.

A crime committed by arson that can endanger public safety is the crime of arson, and the crime of destroying property is only caused by the loss of meditation.

Legal analysisThe crime of intentional destruction of property refers to the intentional destruction of public or private property, the amount of which is relatively large or there are other serious circumstances, the object of infringement is the ownership of public or private property, and the objective aspect is the destruction or damage of public or private property, and there are various forms of expression, and the crime of intentional destruction of property can be constituted by arson, ** and other methods. The difference between the crime of arson and the crime of intentional destruction of property is that the crime of arson is a crime of endangering public safety by the dangerous method of arson, and the object of the violation is public safety, which is the safety of the lives or major property of an unspecified number of people. While endangering public safety, the crime of arson is often accompanied by the harmful result of destroying property and even causing death.

The key to distinguishing between intentional destruction of property and arson lies in whether the act of arson objectively has the nature of endangering public safety or merely infringing on the property rights of others. In other words, the fundamental difference between the two lies in the object of the violation.

Legal basisCriminal Law of the People's Republic of China" Article 114 Whoever sets fire, breaches water, or releases poisonous, radioactive, infectious disease pathogens or other substances or endangers public safety by other dangerous means, and has not yet caused serious consequences, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

If the perpetrator damages public or private property by setting fire, but does not and cannot endanger public safety, it is an act of intentional destruction of property; If the act endangers or endangers public safety, it constitutes the crime of arson. 2. The essential difference between the crime of arson and the crime of intentionally destroying property by setting fire is that the key is to see whether the perpetrator's act of arson endangers or is sufficient to endanger public safety.

If, once an act of arson is committed, it may damage the lives and health of an unspecified number of people or cause unspecified public or private property to suffer unforeseeable heavy losses, and the seriousness and breadth of the consequences of such a crime are often unpredictable, and even the perpetrators themselves are difficult to control, such acts should be convicted as arson.

Legal basis: Criminal Law of the People's Republic of China

Article 114: Whoever endangers public safety by setting fires, breaching water, or disseminating substances such as poisonous, radiodurable, or pathogens of infectious diseases, or by other dangerous means, and has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

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.

Legal risks: 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 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 114 of the Criminal Law of the People's Republic of China: Whoever sets fire, breaches water, explodes near explosives, or releases poisonous, radioactive, infectious disease pathogens, or other substances that endanger public safety by other dangerous means, and has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 115:Whoever causes serious injury or death to a person or causes major losses to public or private property by setting fires, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or using other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. The crimes of intentional destruction of property and arson need to be seen whether there is any danger to public safety. Where a person who has already reached the age of 14 but is not yet 18 years old commits a crime, the punishment shall be mitigated or commuted.

If the family is suspected of a criminal offense and is detained by the criminal transport, the family should promptly retain a lawyer to help meet with and understand the objective circumstances of the case, apply for release on bail pending further investigation, and make a defense of innocence or lesser crimes based on the circumstances of the case, and strive for a lighter sentence or suspended sentence.

Article 61 of the Criminal Law of the People's Republic of China: When deciding on punishment for criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society. 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.