Sentencing standards for intentionally damaging other people s property

In any of the following circumstances, intentional destruction of other people's property is to be convicted and punished as the crime of intentional destruction of property:

1. Causing a loss of 5,000 yuan 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 serious circumstances.

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. 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.

Criminal Law of the People's Republic of China

Article 14. Intentional crime] Intentional crime is an intentional crime if 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 275.

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.

Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed and prosecuted: (1) causing a loss 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 persons to openly destroy public or private property; (4) Other situations where the circumstances are serious. Legal basis:

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 destroying 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;

Legal Analysis: If the circumstances of intentional destruction of other people's property are relatively minor, it is a general violation of the administration of public security, and will be dealt with in accordance with the provisions of the public security administration punishment, and does not constitute a crime. Intentional destruction of other people's property constitutes a crime if the amount is relatively large or there are other serious circumstances, including intentional destruction of other people's property causing serious losses to the victim, and the means of destruction are extremely cruel and heinous, the motive for doing this is too despicable and the attempt to blame others for the cause, causing serious consequences, and so on.

The criteria for filing criminal cases under the jurisdiction of the public security organs for intentional destruction of property are that if the loss of public or private property is greater than 5,000 yuan, the destruction of property is greater than 3 times, and where 3 or more accomplices are assembled to openly damage public or private property, and other serious circumstances will be filed and prosecuted. Those who intentionally destroy public or private property, and the amount is relatively large, shall be sentenced to up to three years imprisonment or short-term detention or a fine, and where the amount is huge or there are especially serious circumstances, between three and seven years imprisonment.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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 Analysis: Only intentional destruction of public or private property where the amount is relatively large or the circumstances are serious constitutes a crime. Therefore, whether the amount is larger or the circumstances are serious is the boundary between crime and non-crime.

Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is an ordinary illegal act and shall be detained or given a warning, fined alone or concurrently, and ordered to compensate for losses in accordance with the provisions of the Regulations on Penalties for Public Security Administration. The so-called "serious circumstances" generally refers to the destruction or damage of important items, and the loss is serious; The means of destroying or damaging public or private property are particularly heinous; out of the motive of blaming others, etc.

Legal basis: "Regulations of the People's Republic of China on the Management and Punishment of Public Security" Article 2: Where social order is disrupted, public safety is endangered, citizens' personal rights are violated, or public or private property is violated, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; Where criminal punishment is not sufficient and a public security administrative punishment shall be given, punishment is to be given in accordance with these Regulations.

Legal Analysis: Whoever commits the crime of intentionally destroying 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, a sentence of between 3 and 7 years is to be given. "Particularly serious circumstances" refers to destroying 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, and so on.

However, the intentional destruction of public or private property only constitutes a crime if the amount is relatively large or the circumstances are serious. Therefore, whether the amount is relatively large or the circumstances are serious, the distinction between crime and non-crime should be distinguished. Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is a general illegal act and shall be punished in accordance with the relevant provisions of the "Public Security Administration Punishment Law" of Da Lasong.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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 involved is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Legal Analysis: Whoever, in accordance with the provisions of relevant laws, 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 basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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.

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.

Legal Analysis: Intentional damage to other people's property is punishable by up to three years imprisonment, short-term detention or a fine; where the amount involved is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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 the amount is high, there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given.

Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed and prosecuted: (1) causing a loss 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 persons to openly destroy public or private property; (4) Other situations where the circumstances are serious. Legal basis:

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 wealth and belongings, causing others to go insane; 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;

The sentencing standard for intentionally damaging other people's property is: For those who intentionally destroy 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.

For the crime of intentional destruction of property, the amount is 5,000 yuan or more for a relatively large amount, and 50,000 yuan or more for a huge amount. For those who do not constitute a crime, they will be detained or warned, fined separately or both, and ordered to compensate for losses.

Legal basis:

Criminal Law of the People's Republic of China: 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.

The sentencing standards for the crime of intentionally damaging other people's property are as follows:

1. Whoever commits the crime of intentional destruction of property shall be sentenced to fixed-term imprisonment of 3 years, short-term detention or a fine;

2. Where the amount is huge or there are other serious circumstances, a sentence of between 3 and 7 years is to be given. The so-called crime of intentional destruction of property refers to the intentional and illegal destruction or damage of public or private property, where the amount is relatively large or the circumstances are serious. The subject of the crime of intentional destruction of property is a general subject, that is, a natural person who has reached the age of 16 and has the capacity for criminal responsibility, and can constitute the crime of intentional destruction of property.

The object of the crime of intentional destruction of property is the ownership of public or private property, and the object is all kinds of public and private property, including movable and immovable property, but it must be property owned by others, and destroying one's own property does not establish this crime. In addition, the intentional destruction of certain specified property as otherwise provided for in the Criminal Law is to be handled in accordance with the corresponding provisions, and not in accordance with the crime of intentional destruction of property.

Legal basis:

Criminal Law of the People's Republic of China: 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. Article 276:Whoever, for the purpose of venting anger and revenge or for 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 transferring property, escaping, or so forth, 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 up to three years imprisonment 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.

What is the evidence to prove that the perpetrator intentionally destroyed the Hail Cong and not negligently destroyed the property?

Evidence showing that the perpetrator destroyed property intentionally and not negligently is as follows:

1. The criminal suspect's or defendant's confession and justification may confirm their motive and purpose for participating in the crime, the degree of awareness and initiative of the consequences, the process of initiating the crime, whether there was a plan and the specific content of the plan, their relationship with the victim, whether they had premeditated in advance, whether they had remedial acts after the fact, and so forth;

2. The victim's statement may confirm the relationship between the victim and the perpetrator, whether there are contradictions or disputes, the perpetrator's words and deeds before and after the act of destruction, and the harmful consequences, so as to reflect their subjective intent.