Can a person who deliberately destroys property be sentenced if he is not caught?

1. In a joint crime, if some of the criminal suspects have already been brought into the case, and the available evidence is sufficient to prove that the criminal suspects who have been brought into the case constitute a crime, the criminal suspects who have already been brought into the case may be prosecuted and tried first, and the criminal suspects who have not been brought into the case may continue to be pursued.

2. If the available evidence is not sufficient to pursue the criminal responsibility of a criminal suspect who has already been brought into the case, and the period of detention is about to expire, the criminal suspect who has already been brought into custody may also be released on guarantee pending further investigation or placed under residential surveillance, and after the other criminal suspects are brought into the case or sufficient evidence is obtained, it may be handled in accordance with the law according to the specific circumstances.

Ask a lawyer.

Can a person who gains and destroys property be sentenced if he is not caught? The current Chinese law focuses on evidence, as long as someone reports or finds that others have damaged public property, it can be divided into serious circumstances of the matter, and the corresponding fine will be given. If a small amount of physical evidence will be inflamed, he can also be detained or fined, depending on whether you can gather some physical evidence, if you can't gather it, you can't be sentenced.

You can remember! There is a saying that the state has a national law, and there are family rules. As long as it is a crime, you will be caught! You can consult a lawyer for details.

The general process is that the public security organs make arrests and investigations. After everything is ready, it will be sent to the prosecutor's office. Prosecutor's office, court judgment.

Therefore, if the facts of the crime are clear and unambiguous, then it can be judged first. If the incident is more complicated, then the sentence will be arrested, and the police plan to apply for an extension of detention for investigation. According to most of the current situation, they are all arrested and then sentenced, because the domestic police force is relatively strong, and the arrest can generally be handled.

Judgment should be made on a case-by-case basis. If the property of others is intentionally damaged, but the amount involved in the case is not reached, it is not a criminal case, but only violates the "Public Security Administration Punishment Law". This is usually a fine or detention.

If the amount of intentional destruction of property exceeds 5,000 yuan or there are other circumstances, it is a criminal case.

1. Is intentional damage to other people's property a criminal case?

The chaotic hall should be judged according to the specific situation. Because the intentional destruction of public or private property is a relatively large amount or the circumstances are serious, it is a criminal case, for example:

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.

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. Ant Yu.

If public or private property is intentionally destroyed, and the amount is small and the circumstances are relatively minor, it is an ordinary illegal act, and the provisions of Article 49 of the "Public Security Administration Punishment Law" shall be followed: Anyone who steals, defrauds, robs, snatches, extorts or intentionally destroys public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

2. The composition of the crime of intentional destruction of property

1. The object of the act.

The object of this crime is property owned by the state, a unit or another person, including immovable and movable property, including property and property interests in the narrow sense. Whether or not the perpetrator is in possession of the property does not affect the establishment of this crime. However, the property that is destroyed must be owned by another person, and the destruction of one's own property does not constitute the crime of intentional destruction of property.

2. Behavioral content.

The content of the act of this crime is that the act is manifested in the destruction of property. Regarding the meaning of destruction, there are different theories in criminal law theory, the most representative is the "utility infringement theory", that is, destruction is not limited to the physical change or destruction of the form of property, and the second is to include all acts that cause the loss or reduction of the utility of property, including.

3. Form of responsibility.

The form of liability for this crime is intentional, that is, knowing that one's actions will cause the destruction of the company's property, and hoping or allowing such a result to occur.

Not all cases of damage to property are criminal offenses, and generally speaking, if the above situations are not met, it is generally only a violation of the Public Security Administration Punishment Law, detention, fines, and compensation for damages. If any of the above circumstances exists, it will constitute a criminal offense and be punishable by imprisonment for not less than three years but not more than seven years.

Mediation may be possible, and in accordance with the provisions of law, in cases of damage to property caused by civil disputes, where the circumstances are relatively minor, mediation may be conducted. Even if a crime is constituted, the crime of intentional damage to public or private property, which is punishable by imprisonment of not more than three years in accordance with the regulations, can also be resolved through reconciliation. Mediation refers to the activities of a neutral third party to mediate between the parties, help exchange opinions, put forward settlement suggestions, and facilitate the parties to resolve conflicts.

In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through methods such as compensating the victim for losses or making a formal apology, and the victim voluntarily settles, the parties may settle:

1) Cases arising from civil disputes that are suspected of crimes provided for in chapters 4 and 5 of the Criminal Law's special provisions, and might be sentenced to up to three years imprisonment;

2) Cases of crimes of negligence other than crimes of dereliction of duty that might be sentenced to up to 7 years imprisonment. Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply. Intentional destruction of property, if the parties do not sue to the court, then the parties can mediate privately; If an individual sues the court and it falls within the scope of a civil case, then the court can mediate; If the amount of property intentionally destroyed is relatively large or there are other circumstances that constitute a criminal offense, the public prosecution case prosecuted by the procuratorate cannot be mediated, and the court will impose a sentence and punishment according to the circumstances.

Further information: Cases of negligence crimes other than dereliction of duty that may be punishable by up to seven years in prison. Where criminal suspects or defendants have intentionally committed crimes within 5 years, the procedures provided for in this chapter do not apply.

Legal basis: Article 288 of the Criminal Procedure Law.

In the following public prosecution cases, the criminal suspect or defendant sincerely repents of their guilt and obtains the victim's forgiveness through methods such as compensating the victim for losses and making formal apologies.

OK. If the intentional destruction of public or private property is caused by a civil dispute, and the circumstances are relatively minor and no serious consequences are caused, the public security organs may mediate and handle it. Where the circumstances of the crime are minor and no criminal punishment is required, a decision may be made not to prosecute.

The people's court may give a lenient punishment to the defendant in accordance with law. If there is no reconciliation, it can only be judged according to law.

Can I reconcile after being adjudicated for intentional destruction of public or private property?

OK. Mediation can be done at the public security stage, the procuratorate and the court stage. It is better for both parties to sit down and talk and reach a settlement agreement, which is also beneficial for the subsequent litigation.

The victim can be compensated in a timely manner, and the person who destroyed the property can also have the punishment reduced, which is beneficial to both parties. If the two parties are unable to mediate, they can also apply to the police, prosecutors, and judges to participate in mediation and negotiation.

Therefore, can the crime of intentional destruction of property be reconciled in the case handling stage of the public security organs?

It depends on what kind of property is damaged, if it is public property, such as sewer manhole covers, fire protection facilities, etc., mediation is not applicable; If it is a unit or personal property, it can be mediated first. For disputes over intentional destruction of property, if the circumstances are relatively minor, the public security may mediate. After mediation by the public security organs, if the parties reach an agreement, they will not be punished; If no agreement is reached or no performance is made after reaching an agreement, the public security organ shall punish the offender in accordance with the law, and inform the parties that they may file a civil lawsuit with the court in accordance with the law regarding the dispute over the civil arrest and destruction.

Legal basisArticle 9 of the "Law of the People's Republic of China on Public Security Administration Punishments" may mediate and deal with violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

Legal analysis: If it meets the criteria for a crime, it is a criminal case. According to the provisions of the relevant laws of the state, if the perpetrator intentionally destroys public or private property in an amount of 5,000 yuan or more, then the crime of intentional destruction of property can be constituted, which is a criminal offense, and the criminal must bear criminal responsibility in accordance with the law.

The sentence is generally up to three years in prison, criminal detention or a fine, and in serious cases, three to seven years in prison.

Legal basisArticle 275 of the Criminal Law of the People's Republic of China: 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.