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How was it damaged? Whether it is a collision of vehicles or intentional damage, if it is intentional damage, it may constitute the crime of intentional destruction of property, intentional destruction of public or private property, where 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.
If it is accidentally damaged or the damage is caused by a collision of vehicles, it is only a civil compensation.
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Damage to another person's vehicle, where the amount is relatively large, constitutes the crime of intentional destruction of property, and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
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.
Criminal Law: 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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Hello: It constitutes the crime of intentional destruction of property. 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.
Hope mine can help you!
- Zhejiang Siwei Law Firm.
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Intentional destruction of public or private property.
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Damaging another person's motor vehicle is the act of intentionally destroying another person's property. To bear the following legal responsibilities:
Compensate the victim for the economic losses, including the cost of repairing the vehicle and the loss of suspension of operation.
The public security organs may impose early penalties on the administration of public security;
If the amount is relatively large (generally more than 5,000 yuan), it is suspected of constituting a crime, and criminal responsibility shall be investigated in accordance with law.
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If it is deliberately scraped into someone else's car, and the consequences are serious, then it is suspected of 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 three 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. Generally speaking, such cases do not meet the standards of criminal punishment.
Damaging another person's motor vehicle is the act of intentionally destroying another person's property. It is necessary to bear the following legal liabilities: to compensate the victim for economic losses, including the cost of repairing the vehicle and the loss of suspension of operation.
If the amount is relatively large (generally more than 5,000 yuan), it is suspected of constituting a crime, and criminal responsibility shall be investigated in accordance with law. Traces.
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Civil and criminal liability should be assumed. In civil cases, it shall bear the liability for damages in tort law, and in criminal cases, the crime of intentional destruction of property shall be established. In view of the fact that the car may be used as a means of transportation in use, if the evidence is fixed, it may constitute the crime of vandalism.
The above conclusions need to be supported by the relevant supporting materials of the procedural law and the evidence law.
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1. If the vehicle is smashed, if it reaches more than three times or the loss caused is more than 5,000 yuan, it is a criminal case, and the case should be filed for investigation, and the person who smashed the car is suspected of intentionally destroying property.
2. Basis of laws and regulations:
1) 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 (1)" Cases of intentional destruction of property (Article 275 of the Criminal Law) Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed for prosecution:
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.
2) Criminal Law (1997 Amendment) 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, shall 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.
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The crime of intentional damage to public or private property.
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