Can you get a suspended sentence for deliberately smashing a car for more than 5,000

Where the intentional destruction of property reaches 5,000 RMB, it is suspected of a criminal offense of intentional destruction of property, and if the relevant provisions on suspended sentences are met, the people's court will give a suspended sentence in accordance with law. In addition, the announcement of a suspended sentence may, on the basis of the circumstances of the crime, prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of probation. If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

Article 72: Suspended sentences may be announced for criminals sentenced to short-term detention or up to three years imprisonment if the following conditions are met at the same time, and suspended sentences shall be announced for persons under the age of 18, pregnant women, and persons who have reached the age of 75:

1) The circumstances of the crime are relatively minor;

2) Expressions of remorse;

3) There is no risk of recidivism;

4) The probation is declared to have no significant adverse impact on the community in which the person resides.

The announcement of a suspended sentence may be based on the circumstances of the crime, and at the same time prohibit criminals from engaging in specific activities, entering specific areas or venues, or contacting specific persons during the probationary period of the suspended sentence.

If a criminal who has been given a suspended sentence is sentenced to a supplementary sentence, the additional sentence must still be enforced.

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 starting sentence for the crime of intentional destruction of property is 5,000 yuan, and the sentence for more than 5,000 yuan is fixed-term imprisonment of not more than three years, which in legal practice is generally a sentence of several months. If they can take the initiative to compensate for the damages, obtain the victim's forgiveness, and voluntarily admit guilt, there is a high possibility of a suspended sentence.

Yes, the confession is good, there are circumstances of repentance, and the amount is not particularly large.

1. How to deliberately smash a car and how to annihilate Lu Tsai for conviction and sentencing.

1. Where a car is intentionally smashed and the amount of damage is assessed to be 5,000 yuan or more, it is to be convicted of the crime of intentional destruction of property, and a sentence is to be made on the basis of the amount of damage. Where the amount of intentional destruction 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 involved is huge, the sentence is to be between three and seven years imprisonment.

2. Legal basis: Article 275 of the Criminal Law of the People's Republic of China.

Crime of 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.

II. What are the constitutive elements of the crime of intentional destruction of property?

1. Subject matter requirements. The object of the offence of intentional destruction of property is the ownership of public or private property. The targets of the crime may be various forms of public or private property, including the means of production and means of subsistence; Movable property, immovable property, etc.

However, if the perpetrator intentionally destroys some specified property as otherwise provided, and endangers other subject elements, it shall be handled in accordance with the relevant provisions;

2. Objective elements. The crime of intentional destruction of property is objectively manifested as destruction, or damage to public or private property in a relatively large amount or with other serious circumstances. "Destruction" refers to the use of methods such as incineration, smashing, etc., to completely lose the value or use value of an item; Damage refers to the partial loss of the value or use value of an article.

There are many ways to destroy public and private property;

3. Main requirements. The subject of the crime of intentional destruction of property is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of intentional destruction of property;

4. Subjective elements. The crime of intentional destruction of property is manifested in the subjective aspect as intentionality. The purpose of the offence is not to obtain property illegally, but to destroy it.

This is the fundamental difference between the crime of destroying property and other crimes of greed against property. The motives for committing crimes are varied, usually motivated by personal revenge or jealousy.

Where malicious smashing of a car in retaliation is a crime involving intentional destruction of property and finance, and 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. Therefore, the specific sentence depends on the offender's attitude of admitting mistakes and the seriousness of the matter. According to article 275 of the Criminal Law, 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.

In accordance with the provisions of this article, 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 larger or the circumstances are serious is the boundary between crime and non-crime. Intentional destruction of public or private property or blindness, where the amount is small and the circumstances are relatively minor, is an ordinary illegal act, and shall be detained for not less than 5 days but not more than 10 days in accordance with the provisions of Article 49 of the "Public Security Administration Punishment Law", and may be concurrently fined not more than 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.

Order compensation for damages. The so-called "serious circumstances" generally refer 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. However, whether it is an ordinary illegal act or a suspected criminal offense, if it is found that the vehicle has been maliciously smashed and retaliated, it can be reported to the public security organ.

Legal basis

Article 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, 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 49 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages 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 RMB; 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.

1. How to sentence for deliberately smashing a car.

1. The sentence of the good family He Youpai who deliberately smashed the car is as follows:

1) Malicious smashing of a car in retaliation is suspected of the crime of intentional destruction of property, and is generally sentenced to up to three years imprisonment;

2) If the amount of the crime is huge or there are other serious circumstances, the sentence is between three and seven years imprisonment.

2. Legal basis: Article 275 of the Criminal Law of the People's Republic of China.

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 involved is huge or there are other especially serious circumstances, the sentence is to be between three and seven years imprisonment.

Article 276.

Anyone who destroys machinery and equipment, mutilates farm animals, or destroys production and operation by other means due to anger and 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.

2. What are the constitutive elements of the crime of intentional destruction of property?

1. The object of infringement of the crime of intentional destruction of property is the ownership of public or private property;

2. The crime of intentional destruction of property is objectively manifested as the destruction or damage of public or private property in a relatively large amount or with other serious circumstances;

3. The subject of the crime of intentional destruction of property is a general subject, and any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can constitute the crime of intentional destruction of property;

4. The crime of intentional destruction of property is manifested as intent in the subjective aspect.

In any of the following circumstances, intentionally smashing a car is to be convicted and sentenced 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 situations where the circumstances are serious.

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. Where public or private property is intentionally destroyed, and 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.

Criminal Law of the People's Republic of China

Article 275.

Crime of 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 one and seven years imprisonment is to be given.