Deliberately destroying other people s property and losing 5,000 can you go to jail for several year

The loss of 5,000 yuan for intentional destruction of property has already reached the standard for filing a case, and criminal responsibility must be investigated. In accordance with the provisions of the Criminal Law: 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.

If 5,000 has just reached the standard for filing a case, actively returns compensation, sincerely apologizes, has a good attitude of admitting guilt and repentance, and is not a recidivist, there is a great chance of probation.

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 must also bear [civil liability]. According to the provisions of Article 36, Paragraph 1 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 sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.

1) Where the amount is relatively large (10,000 yuan to 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;

About 5000 can be sentenced to a suspended payment of fines, but you have to wait until **, I hope your family can be safe

5,000 is already a large amount. If you are sure it's 5,000. It is a crime of intentional destruction of objects, and 5,000 is a sentence of about 3 years, but it is generally settled privately in the end, and prosecution is too time-consuming and laborious.

It is not necessary to formally file a case, and actively seek the understanding of the parties, and it is the best policy for the public security organs to withdraw the case.

1. Destroying other people's property can be sentenced to a certain extent.

1. Destroying other people's property of 3,000 yuan or more may be sentenced. The sentencing is:

1) 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;

2) Where the amount of property destroyed by others is huge, a sentence of between three and seven years imprisonment is to be given.

2. 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.

2. What are the constitutive elements of the crime of intentional destruction of property.

1. Subject matter requirements. The object of the offence of intentional destruction of property is the ownership of public or private property. The targets of the crime may be various forms of public or private property, including the means of production and means of subsistence; Movable property, immovable property, etc.

However, if the perpetrator intentionally destroys some specified property as otherwise provided, and endangers other subject elements, it shall be handled in accordance with the relevant provisions;

2. Objective elements. The crime of intentional destruction of property is objectively manifested as destruction, or damage to public or private property in a relatively large amount or with other serious circumstances. "Destruction" refers to the use of methods such as incineration, smashing, etc., to completely lose the value or use value of an item; Damage refers to the partial loss of the value or use value of an article.

There are many ways to destroy public and private property;

3. Main requirements. The subject of the crime of intentional destruction of property 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 the crime of intentional destruction of property.

4. Subjective elements. The crime of intentional destruction of property is manifested in the subjective aspect as intentionality. The purpose of the offence is not to obtain property illegally, but to destroy it.

This is the fundamental difference between the crime of destroying property and other crimes of greed against property. The motives for committing crimes are varied, usually motivated by personal revenge or jealousy.

Legal analysis: intentional damage to public and private finances of more than 5,000 yuan can be filed for prosecution, depending on the amount and the severity of the circumstances, the result of punishment is not the same, damage to the financial affairs of others more than 100,000 yuan, in addition to fully compensating the victim for the loss of some additional money, detention for three years, seven years or even longer is possible. If the property is damaged more than one million, it will face a penalty of 10 years or more.

Harming the finances of others is necessarily a violation of laws and regulations.

Legal basis: Criminal Law of the People's Republic of China Article 275 Whoever intentionally destroys public or private property, and the amount of the attack 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, the sentence is between three and seven years imprisonment.

Legal analysis: intentional damage to public and private finances of more than 5,000 yuan can be filed for prosecution, according to the amount and the severity of the circumstances, the result of punishment is not the same, damage to the financial resources of others more than 100,000 yuan, in addition to fully compensating the victim for the loss, and the source of potatoes also need to pay some additional comfort, detention for three years, seven years or even longer is possible. If the property is damaged more than one million, it will face a penalty of 10 years or more.

Harming the finances of others is necessarily a violation of laws and regulations.

Legal basis: "Law of the People's Republic of China on Criminal Personnel" 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.

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This morning I found out that my car had been smashed.

There is no monitoring.

Deliberately. The 4S store has a preliminary loss assessment of 9700

The police have been reported and a case has been filed.

That's fine.

Wait for the results of the ** survey.

However, there is a high probability that it will lose some money.

Unless it is proven that the other party intentionally damaged your car.

If you don't want to harm others, if your finances exceed 5,000 yuan, will you go to jail? I don't think I know if you're going to go to jail or not, I know, but I know that it's very immoral for you to do that to harm others and not to yourself, and to tell you that you shouldn't do it at all, and you have to get rid of this bad problem, deliberately damage other people's property, and get the punishment you deserve.

Those who intentionally destroy other people's property must have criminal responsibility, and you must resolutely disagree with this, so that the public security bureau will hand over the case to the procuratorate for prosecution.

If the damage to others exceeds 5,000 yuan, it is recommended to go to the regular compensation if you go to the form.

Intentional damage to other people's property is regarded as the crime of intentional destruction of property, which 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.

Sentencing standards for the crime of intentional destruction of property.

Article 275 of the Criminal Law stipulates that whoever 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.

"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.

Actively accompany the reward, obtain the understanding of the other party, and the other party will not be able to sit in prison if he is not investigated!

If the crime of intentional destruction of property has been constituted, he will go to jail to see if he can be sentenced to probation.

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 [Cases of Intentional Destruction of Property (Article 275 of the Criminal Law)].

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.

Criminal Law 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 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.

Since China's Criminal Law does not clearly define the amount of money in the crime of intentional destruction of property, the standards in implementation are not the same in different places, and 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 and 50,000 yuan; "The amount is huge" is more than 50,000 yuan.

It is believed that as long as the damaged property is compensated in a timely manner, no criminal proceedings will occur if the amount is about 5,000.