Family Conflict Is it a crime to smash household appliances such as computers and televisions Senten

Smashing household appliances such as computers and televisions because of family conflicts is generally not considered a crime and will not be sentenced.

If you smash other people's belongings at will, and the value of the damage exceeds 5,000 yuan, you are suspected of the crime of intentional destruction of property.

Criminal responsibility should be pursued.

This is generally not sentenced, you are all a family, right? Isn't it your house that broke something? My family thinks they're unlucky!

But if you smash your siblings' things and they don't let you go to the police, you have to compensate them. Nor will it be sentenced.

This is not illegal, and it will not be sentenced, because after all, you have not committed a crime, so you will definitely not be sentenced As long as you don't beat your wife, then it is definitely not a crime, if you beat your wife, then it is domestic violence.

Family conflicts belong to internal relationship issues, and one's own property does not belong to the law!!

Don't break the law, your own stuff.

Constitutes the offence of trespass into a dwelling.

The crime of trespassing into a dwelling refers to the act of entering a citizen's house against the will of the members of the house or without a legal basis, or refusing to leave the house after entering the house after being asked to do so.

Article 39 of the Chinese Constitution stipulates: "The homes of citizens of the People's Republic of China shall be inviolable. It is forbidden to unlawfully search or trespass into the homes of citizens. This provision is the constitutional source of the provisions of article 245 of the Penal Code.

Sentencing standards: Those who commit this crime are to be sentenced to up to 3 years imprisonment or short-term detention.

Judicial personnel who abuse their power to commit this crime shall be punished heavily.

Criteria for filing a case: According to article 245 of the Criminal Law, a case shall be filed if a person illegally trespasses into another person's home. This crime is an act, and as long as the perpetrator illegally and forcibly breaks into another person's house without the consent of the owner of the house, or refuses to do so without reason after being asked to do so, in principle, this crime is constituted and a case shall be filed and investigated.

Constituent conditions: objective elements:

This offence is objectively manifested in the commission of an act of trespassing into another person's home. "Unlawful" means against the will of the members of the dwelling, or without a legal basis. "Trespassing" mainly refers to entering another person's home without the consent and permission of the owner of the right to dwelling, as well as forcibly entering another person's home despite the opposition and dissuasion of the right.

There are various ways to break in, such as breaking into a door, breaking through a window, breaking in, and so on. The trespass may be open or secret, but violence is not necessary to constitute the offence. The "other" is relative to oneself, i.e. one does not live alone or together in the dwelling.

As far as you are concerned, the home of a relative or friend is also the home of someone else, and trespassing into the home of a relative or friend by illegal means also constitutes this crime. Even if you have lived in a house with another person, such as a house that was shared during the marriage, and you have lived separately after the divorce, it becomes the home of another person according to the law. In another example, after the two brothers jointly inherited their parents' inheritance house, they divided the property according to the agreement, and the younger brother's property was someone else's residence for the elder brother, and conversely, the elder brother's property was someone else's residence for the younger brother.

If the house has been leased to another person and the ownership has not been transferred, but the right to use has been transferred and the right of residence has also been transferred, the illegal trespass of the house by the owner into the dwelling that has been rented out to others shall also constitute the crime of trespass.

Subjective element: The subject of this crime is a general subject, and any natural person with the capacity for criminal responsibility can constitute this crime.

This crime is manifested in the subjective aspect as intentionality. The perpetrator clearly knows that his trespass or non-withdrawal violates the will of the right holder or disrupts the peace of another person's residence, but actively trespasses or passively does not quit, which constitutes the crime of illegal trespass. Entering another person's home by mistake, exiting immediately upon discovery, or having a legitimate reason to urgently enter another person's home, does not constitute this crime.

For example, in the event of a fire, there is no one at home, and consent cannot be obtained, and the firefighters break into the door, which is a legal emergency evacuation.