Intentionally burning property before the value is punishable

According to the provisions of the Criminal Law, the crime of arson is a crime that endangers public safety, and whether the act of arson constitutes the crime of arson depends on whether the act endangers public safety or is sufficient to endanger public safety.

For the determination of property loss, the victim mainly provides relevant property certificates, and there is also a high technology that is the recovery of wreckage.

The crime of intentional arson, also known as arson, refers to arson that endangers public safety, causing serious injury or death to a person or causing major losses to the company's property, and shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.

If it is not the subjective intent to endanger public safety, and objectively there is no danger to public safety, it cannot be punished as this crime, and may be punished as the crime of intentional destruction of property.

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 the crime of intentional destruction of property is committed, and the amount is relatively large or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention, or a fine is to be given; where the amount is huge or there are other especially 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; Wait a minute.

If it is less than one year old, the injury can also be evaluated.

The value of the burned property is assessed by an appraisal agency.

The crime of intentional arson is punishable by imprisonment for a term of not less than three years but not more than ten years. The owner of the property set fire to his own property, or burned the discarded straw, dead grass, or fallen leaves, which does not endanger the interests of others or endanger public safety, and Wu Lula is not punished for the crime of arson. If, when burning these things, the perpetrator has a laissez-faire attitude towards the possible harmful consequences, endangering public safety and endangering the life, health, and property of an unspecified person, he shall bear criminal responsibility.

The sentence period for the crime of intentional arson is divided into the following two levels:

1. Where public safety is endangered but serious consequences have not yet been caused, a sentence of between three and ten years imprisonment is to be given;

2. Whoever causes serious injury or death or causes major losses to public or private property is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. The above-mentioned sentences are for intentional crimes, and those who commit crimes of negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are more minor, they shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention.

The criteria for filing a case of intentional arson are as follows:

1. Causing the death of one or more persons, or the serious injury of three or more persons;

2. Causing direct economic losses of 500,000 yuan or more to public property or other people's property;

3. Causing the houses of more than 10 families and other basic means of subsistence to be burned down;

4. Causing forest fires, and the area of forest land with an area of more than 2 hectares is a major case, or the area of forest land, shrub land, undeveloped forest land, or nursery land with an area of more than 10 hectares is a particularly serious case;

5. Other circumstances that cause serious consequences.

Legal basis

Criminal Law of the People's Republic of China

Article 114 Whoever endangers public safety by arson, flooding, flooding, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances or by other dangerous means, 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.

Article 115 Whoever causes serious injury or death to a person or causes major losses to public or private property by setting fire, breaching water, or disseminating poisonous, radioactive, or infectious disease pathogens, or by other dangerous means, shall 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.

According to article 275 of the Criminal Law of the People's Republic of China, 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. 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 involved is huge or there are other particularly serious circumstances of lead hardship, a sentence of between three and seven years imprisonment is to be given.

Legal Analysis: Guilty of intentional destruction of property, sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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. Intentional destruction of public or private property, suspected of any of the following circumstances, shall be prosecuted:

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.

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 revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise sabotages 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: Article 275 of the Criminal Law of the People's Republic of China stipulates that anyone who 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.

Legal basis: "Criminal Law of the People's Republic of China" Article 275 Whoever intentionally destroys public or private property or property, where the amount is relatively large or there are other serious circumstances, is to 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.

Legal analysis: According to the laws of our country, if the facts of intentional damage to property are ascertained, then the sentence is generally up to three years imprisonment and a fine is paid. When determining the crime of damaging property, the value and amount of the damaged property should be evaluated.

If the amount of property destroyed is smaller, the sentence will be shorter and the state fine paid will be reduced.

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.