How to punish the crime of intentional destruction of public or private property

The sentencing for the crime of intentional destruction of property needs to be determined based on the value of the damaged property and the circumstances of the case.

According to article 275 of the Criminal Law of the People's Republic of China, 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 3 years, short-term detention or a fine. Where public or private property is intentionally destroyed, where the amount is huge or there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.

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 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.

In accordance with [relevant laws].

Article 38 of the Postal Law, intentional destruction of postal mailboxes and other postal public facilities, which is not sufficient for criminal punishment, shall be punished in accordance with the provisions of Article 25 of the Regulations of the People's Republic of China on Public Security Administration Punishments; where the circumstances are serious, criminal responsibility is to be pursued in accordance with article 156 of the Criminal Law.

The criminal law for the crime of intentional destruction of property is provided as follows:

Criminal Law Article 275: [Crime of Intentional Destruction of Property] 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.

Legal analysis: 1. It depends on the amount and number of times of damage to other people's property, if the amount reaches more than 5,000 yuan, more than three times, or gathers more than three people to openly destroy public and private property, it is suspected of a criminal offense; 2. If it does not constitute a criminal offense, it is a public security case and shall be detained for not less than 5 days but not more than 10 days, and may be 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.

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.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1) Article 33: Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed and prosecuted:

1) Causing a loss of 5,000 RMB or more in 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.

Law of the People's Republic of China on Public Security Administration Punishments》 Article 49: 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 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.

Legal Analysis: 1. How will the criminal law punish intentional destruction of public and private property?

Intentional destruction of public or private property is subject to criminal punishment under the Criminal Law, and intentional destruction of public or private property shall be prosecuted if one of the following circumstances is suspected:

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.

II. Trial standards for the crime of intentional destruction of property.

Since China's Criminal Law does not clearly define the amount of money in the crime of intentional destruction of property, the standards in implementation are not the same in different places, and in Fujian Province's determination of the crime of intentional destruction of public or private property, the "relatively large amount" is generally between 10,000 and 50,000 yuan; "The amount is huge" is more than 50,000 yuan.

3. How to punish the crime of intentional destruction of property.

1) Where the amount is relatively large (10,000-50,000 yuan in Fujian Province) or there are other serious circumstances, a sentence of up to 3 years imprisonment, short-term detention or a fine is to be given;

2) Where the amount is huge (50,000 yuan or more in Fujian Province) or there are other especially serious circumstances, a sentence of between 3 and 7 years imprisonment is to be given.

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.

4. The boundary between the crime of intentional destruction of property and non-crime.

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, where the amount is small and the circumstances are relatively minor, is an ordinary illegal act, and shall be detained or given a warning, fined alone or concurrently, and ordered to compensate for the loss in accordance with the provisions of the Kuanzhou "Public Security Administration Punishment Regulations".

Destroying or damaging important items, with serious losses; The means of destroying or damaging public or private property are particularly heinous; out of the motive of blaming others, etc.

Any act of destroying common property is undoubtedly punishable by the payment of the costs of repairing the damaged property, and the amount of property destroyed will also affect the criminal penalties to which the subject of the intentional infringement is committed. If you deliberately destroy property and then blame someone else for the crime, you will undoubtedly be punished more severely at this time.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China: Whoever intentionally destroys public or private property, and 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.

Legal Analysis] 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. 1. Those who intentionally destroy the property of others need to bear civil liability for compensation in accordance with the law, and at the same time, they can also be given public security administrative penalties; Where the amount of property destroyed is relatively large, a crime may be committed and criminal responsibility may be pursued in accordance with law. 2. Civil liability:

If the property of others is destroyed, the infringer shall compensate the property owner for the loss according to the market or appraisal of the property. 3. Returning slag base administrative beam type responsibility: Anyone who intentionally destroys other people's property may be given administrative detention and fine administrative punishment in accordance with the law.

4. Criminal liability: Intentionally destroying other people's property for a relatively large amount (more than 5,000 yuan) constitutes the crime of intentional destruction of property and shall be sentenced to criminal punishment in accordance with law.

Legal basis] Law of the People's Republic of China on Public Security Administration Punishments" Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for between 5 and 10 days, and may be concurrently 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. 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.

Disposition of the crime of intentional destruction of public or private property: Generally punishable by up to three trillion years imprisonment, short-term detention or a fine; where the amount is huge or there are other especially serious circumstances, the sentence is generally between three and seven years imprisonment. The crime of intentional destruction of public or private property refers to the intentional destruction of public or private property, where the amount is relatively large or there are other serious circumstances.

Criminal Law of the People's Republic of China

Article 3. where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law;

Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Criminal Law of the People's Republic of China

Article 275.

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.

1. It depends on the amount and number of times of damage to other people's property, if the amount reaches more than 5,000 yuan, more than three times, or gathers more than three people to openly destroy public or private property, it is suspected of a criminal offense;

2. If it does not constitute a criminal offense, it is a public security case and shall be detained for not less than 5 days but not more than 10 days, and may be 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.

3. Legal basis:

1) Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] 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.

2) "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)" Article 33: Cases of Intentional Destruction of Property (Article 275 of the Criminal Law) Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed for prosecution:

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.

3) "Public Security Administration Punishment Law" Article 49 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 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.

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. The offence of intentional destruction of property is usually the result of some practical cause. The perpetrator may be motivated by retaliation against the owner of the property, or by jealousy or other similarly targeted psychological attitudes, and the destruction of property resulting in damage to the property of the owner is the purpose of the crime.

Is it a big amount? If the amount is not large, you will lose money or be detained by public security, and if the amount is large, you will lose money and then you will have to pay criminal responsibility.

Criminal liability and compensation.

The crime of intentional destruction of public or private property where the amount is relatively large may be sentenced to up to three years imprisonment, short-term detention or a fine.

Legal basis] Article 275 of the Criminal Law, 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.