Who gave a case of the crime of sabotage of vehicles

The driver returned in the middle of the night and had a verbal altercation with the doorman, but the doorman took the opportunity to break the brake oil pipe of the van he was driving, in a vain attempt to cause a car accident. Yesterday, the Changsha County People's Court sentenced the defendant Hu Zhijun to one year and one month in prison for the crimes of sabotaging vehicles and picking quarrels and provoking trouble.

In this month, Hu Zhijun, a native of Daling Village, Ganshan Township, Changsha County, worked as a doorman in a factory, and there was another beverage company in the factory, and the company's employees had many disputes with Hu Yin over opening the door. In the early morning of this month, the driver of the beverage company drove a Changhe van back and demanded that Hu open the door, and the two sides had a verbal altercation, and Hu Zhijun wanted to seek revenge. In the early hours of the same day, Hu broke the brake pipe of the van.

At about mid-morning, the driver found that the brakes failed while driving, and emergency measures were taken to avoid a traffic accident. On the day of the month, Hu Zhijun was captured.

The crime of sabotage of vehicles is a criminal prosecution case. Where the perpetrator destroys trains, automobiles, trams, vessels, or aircraft, which is sufficient to cause the train, automobile, tram, vessel, or aircraft to be in danger of overturning or destruction, but has not yet caused serious consequences, the sentence is to be between three and ten years imprisonment. Where the perpetrator destroys means of transportation, causing serious consequences, he is to be sentenced to 10 or more years imprisonment, life imprisonment, or death.

To determine whether the actor's behavior is sufficient to cause the danger of overturning or destroying the vehicle, it should be judged from the following two aspects:

1. It depends on whether the destroyed vehicle is in use. The so-called vehicles in use not only include vehicles that are driving or flying, but also vehicles that have been accepted and stopped for use during the delivery period. This is because only by destroying this means of transport, which is carrying out and may carry out transportation tasks at any time, can it endanger public safety and cause heavy losses to the lives and property of the people.

If a vehicle is in the process of being manufactured, repaired, or scrapped, or a finished product has been manufactured, but has not yet been delivered. Since it is not possible to constitute a threat to public safety, it cannot constitute the crime of vandalism of means of transport, but should be punished as the crime of intentional destruction of property. However, if the person responsible for repairing the means of transport deliberately destroys the means of transport in the course of repairs, or creates hidden dangers, and delivers the means of transport that has been damaged or has not been repaired, the crime of sabotage of the means of transport is committed.

2. It depends on the method and location of destruction. Generally speaking, only the use of dangerous methods such as arson, **, or other methods to destroy important device parts of the means of transportation can be sufficient to cause serious consequences such as overturning, sinking of ships, and falling of aircraft, and can this crime be constituted. For example, when the long-distance bus stopped for a break, A secretly removed the brake cylinder, an important part of the car, and after the car started, it failed to brake and caused a hailstone accident, causing a multi-person accident, and A's behavior constituted the crime of sabotage of the vehicle.

If only some of the above-mentioned means of transportation are destroyed and do not affect the safe operation of auxiliary equipment, such as doors, windows, glass, lamps, bedding, chairs, sanitary equipment, etc., it does not constitute the crime of sabotage of vehicles. where the circumstances are serious, it may be punished as the crime of intentional destruction of property.

Legal basisCriminal Law of the People's Republic of China

Article 116 Whoever destroys trains, automobiles, trams, vessels, or aircraft in such a way as to cause the train, automobile, tram, vessel, or aircraft to be in danger of overturning or destroying them, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 119 Whoever destroys means of transportation, transportation facilities, electrical equipment, gas equipment, or inflammable or explosive equipment, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Legal Analysis: The relevant case of the crime of sabotage of vehicles is the case of Gongjing Kuanqin. According to the provisions of China's Criminal Procedure Law, a private prosecution case is a case that is handled only after a complaint, while the crime of destroying a means of transportation is not a case that is handled only after a complaint, so it is a public prosecution case.

Legal basis: Article 116 of the Criminal Law of the People's Republic of China: Whoever destroys trains, automobiles, trams, boats, or aircraft is sufficient to cause the train, car, tramway, vessel, or aircraft to be in danger of capsizing or destruction, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Punishment for the crime of sabotage of means of transport: where serious consequences have not been caused, the sentence is to be fixed-term imprisonment of not less than three years but not more than ten years; where serious consequences are caused, a sentence of 10 or more years imprisonment, life imprisonment, or death is to be given. The crime of sabotage of means of transport refers to the deliberate destruction of trains, automobiles, trams, boats, and airplanes, which has or is sufficient to cause the danger of overturning or destroying them, and refers to acts that endanger public safety.

Legal basis

Article 116 of the Criminal Law.

Whoever destroys trains, automobiles, trams, vessels, or aircraft is sufficient to cause the train, automobile, tram, vessel, or aircraft to be in danger of overturning or destroying them, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

Article 119.

Whoever destroys traffic vehicles, transportation facilities, electrical equipment, gas equipment, or inflammable or explosive equipment, causing serious consequences, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.

Legal analysis: 1. Where serious consequences have not been caused, a sentence of between three and ten years imprisonment is to be given.

2. Where serious consequences are caused, a sentence of not less than 10 years imprisonment, life imprisonment, or death is to be given.

Legal basis: Criminal Law of the People's Republic of China

Article 116 Whoever destroys a train, automobile, tram, vessel or aircraft is sufficient to cause the train, automobile, tram, vessel or aircraft to be in danger of overturning or destroying but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years.

Article 119 Whoever destroys means of transportation, transportation facilities, electrical equipment, gas equipment, or inflammable or explosive equipment, and it is known that serious consequences have been caused, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

1. Is the crime of sabotage an act committed?

The crime of sabotage of a means of transport is not committed by an act, and only those who cause serious consequences must bear criminal responsibility for speed, and are generally sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

Article 119 of the Criminal Law [Crime of sabotage of means of transportation] [Crime of sabotage of transportation facilities] [Crime of sabotage of electrical equipment] [Crime of sabotage of inflammable and explosive equipment] Whoever destroys means of transportation, transportation facilities, electrical equipment, gas equipment, or inflammable or explosive equipment, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.

2. Can a defense lawyer be retained on suspicion of the crime of sabotage of vehicles?

A defense lawyer may be appointed on suspicion of the crime of sabotage of vehicles, and criminal suspects have the following rights in criminal cases:

1. The right to legal assistance.

2. The right to appoint a defender.

3. The right to apply for recusal.

4. The right to use one's own spoken and written language to file a lawsuit.

5. The right to apply for release on bail pending further investigation.

6. The right to refuse to answer questions on issues unrelated to the case.

7. The right to request the lifting of compulsory measures.

8. The right to apply for supplementary appraisal or re-appraisal.

9. The right to appeal against the decision of the people's procuratorate not to prosecute.

10. The right to check the record.

12. Right to compensation.

3. How much does it cost to appoint a defense lawyer for the crime of sabotage of vehicles?

The cost of appointing a defense lawyer for the crime of sabotage of vehicles is not statutory, but is mainly related to the following factors:

1. Working hours consumed;

2. The degree of difficulty of legal affairs;

3. The number of lawyers required to handle legal affairs and the professional ability of the lawyers;

4. The client's affordability and local social and economic development;

5. Risks and liabilities that lawyers may bear;

6. The lawyer's social reputation and work level;

7. Other necessary costs and expenses required to handle the case.

In fact, the act of sabotaging the means of transportation has seriously endangered public safety, and even if the destruction of the mu liquid does not cause any serious consequences, the relevant departments can also impose public security penalties on the parties. If serious consequences are caused, the death penalty is reserved for the crime of sabotage of vehicles in our legal system, so the criminal nature of this crime is very heinous.