The constitutive elements of the crime of sabotaging production and operation

This crime is subjectively manifested as direct intent and has a personal purpose of venting anger or revenge. Other personal purposes generally refer to improper psychological pursuits arising from personal grievances, such as hatred, disgust, dissatisfaction, etc. - There are various reasons for this, such as dissatisfaction due to criticism from leaders or others, dissatisfaction due to unmet one's own requirements, dissatisfaction with jealousy of others' achievements, dissatisfaction due to conflicts with others, and dissatisfaction due to boredom with work, etc., as long as the perpetrator deliberately causes greater damage to production for the purpose of venting anger and revenge or other personal purposes, This crime is constituted. There are different views on whether intentional sabotage of production and operation other than for the above-mentioned purposes constitutes the crime of sabotage of production and operation.

Some believe that it cannot be constituted, because "revenge or other personal purposes due to anger and revenge" is a necessary element for constituting the crime of sabotaging production and business operations as expressly stipulated in the law. Another view is that as long as the intentional sabotage of production and business is carried out, whether or not there is such a purpose, or even indirect intentional sabotage can constitute this crime, the first view is a general theory.

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.

The crime of sabotage of production and operation: the act of sabotaging production and operation.

The four constituent elements of the crime of sabotaging production and business operations are:

1. The subject is a natural person with full capacity for criminal responsibility;

2. The main Wang Hail Mountain view is a deliberate state of mind;

3. The object is the normal activity of poor production and operation;

4. Objectively, it is manifested as destroying machinery and equipment, mutilating farm animals or other methods to destroy production and operation.

[Legal basis].Article 10 of the Criminal Law, Article 4.

Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

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 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.

The criminal composition of the crime of sabotage of production and operation is the normal activity of production and operation, which is objectively manifested in the act of destroying machinery and equipment, mutilating farm animals, or destroying production and operation by other means. The subject is a general subject, and the subjective aspect is directly intentional, and has a personal purpose of venting anger or revenge.

Legal analysisThe constitutive elements of the crime of sabotaging production and business operations are: 1. Object elements. This crime is objectively manifested in the act of destroying machinery and equipment, mutilating farm animals or other methods to disrupt production and operation.

The object of the infringement is the normal activities of production and operation; As long as it is a production or business, regardless of its nature, the destruction of it may constitute this crime. 2. The main elements and subjects are general subjects. That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can become the subject of this crime.

3. Subjective elements. This crime is subjectively directly intentional and has a personal purpose of venting anger and revenge or other personal purposes; The psychological state of knowing that one's behavior will lead to harmful results that endanger production and operation, but hoping or allowing it to happen. 4. Objective elements.

This crime is objectively manifested as the act of destroying machinery and equipment, destroying farm animals, or otherwise destroying production and operation.

[Legal basis].Criminal Law of the People's Republic of China Article 276 Whoever destroys machinery and equipment, mutilates farm animals, or otherwise sabotages production and operation for the purpose of venting anger or 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.

The constitutive elements of the crime of sabotaging production and business operations are:

1. The subject is a natural person with full capacity for criminal responsibility;

2. Subjectively, it is directly intentional;

3. The object is the normal activity of production and operation;

4. Objectively, the perpetrator carried out acts of destroying machinery and equipment, mutilating farm animals, or otherwise sabotaging production and operation.

[Legal basis].Article 14 of the Criminal Code.

Knowing that one's conduct will have a result that is harmful to society, it is an intentional crime if one wishes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

Article 276.

Whoever, for the purpose of venting anger and 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.

The constitutive elements of the crime of sabotaging production and business operations are: 1. Object elements, the object of infringement of this crime is the normal activities of production and operation; 2. Objective elements: This crime is objectively manifested as the destruction of machinery and equipment, the mutilation of farm animals, or the destruction of production and operation by other parties; 3. Subject Elements: The subject of this crime is a general subject; 4. Subjective element, the crime is subjectively intentional.

Article 276 of the Criminal Law: Whoever, for the purpose of venting anger and revenge or for 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 situation is serious, the sentence is between three and seven years imprisonment.