How to avoid the emergence of methods of destroying public property?

1. What is the sentencing standard for the crime of destroying public property?

According to the provisions of the Criminal Law, anyone who destroys public property and causes a loss of more than 5,000 yuan will be placed on file for investigation by the public security organs. Sentencing for the crime of destroying public property is divided into two levels: fixed-term imprisonment of not more than three years, short-term detention or controlled release, and fixed-term imprisonment of not less than three years but not more than seven years. At the time of trial, the court will make a specific judgment according to the degree of damage to public property and the size of the damage caused.

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. The subject of this crime 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 this crime. 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.

2. How the objective aspect of the crime of destroying public property is expressed.

This crime is objectively manifested as the destruction or damage of public or private property, where the amount is relatively large, or where there are 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. However, if the perpetrator uses dangerous methods such as arson, flooding, poisoning, or ** to destroy public or private property, endangering public safety, it shall be punished as a relevant crime in the crime of endangering public safety.

The intentional destruction of public or private property must reach a relatively large amount or there are other serious circumstances before it constitutes a crime. The so-called "serious circumstances" refers to the destruction of important items where the loss is serious, and the means of destruction are particularly heinous; Destroying urgently needed items causing serious consequences; Despicable motives, attempts to blame others, and so on. Intentional destruction of public or private property, where the circumstances are relatively minor, is a general violation of the administration of public security and shall be punished in accordance with article 49 of the Law on Penalties for the Administration of Public Security.

The subject of the crime is the general subject. A person who has reached the age of 16 shall be held criminally responsible for this crime.

3. What is the standard for prosecution for the crime of destroying public property?

Intentional destruction of public or private property, suspected of any of the following circumstances, shall be prosecuted:

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.

Caring for public property is every citizen. Responsibility. Everyone deserves. Take care of public property. Instead of going to destroy it.

Illegal acts, destruction of public property is an illegal act, and if the circumstances are serious, it may also constitute a crime. If the loss of public or private property is more than 5,000 yuan, it meets the standard for filing a criminal case and will be investigated for criminal responsibility. In addition, those who destroy public or private property three or more times, gather three or more people to openly destroy public or private property, or have other serious circumstances, will be investigated for criminal responsibility.

1. The penalties for destroying public property are as follows:

1. Where the circumstances are not serious, they are to be detained for between 5 and 10 days in accordance with the Public Security Punishment Law, and may be concurrently fined up to 500 RMB;

2. where the circumstances are serious, they are to be detained for between 10 and 15 days and fined up to 1,000 RMB;

3. 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;

4. Where public or private property is intentionally destroyed, 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. "Public property" means the following property:

1. State-owned property;

2. Property collectively owned by the working masses;

3. Social donations or special assets used for poverty alleviation and other public welfare undertakings;

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.

Legal Analysis: Depending on the degree of damage, the act of destroying public property can be an act contrary to public morality or an illegal act. Acts of general destruction of public property are punishable by detention and fines under the Law on Public Security Administration Penalties.

However, where the amount of intentional and intentional destruction of public property is relatively large, the crime of intentional destruction of property may be constituted in accordance with the provisions of the Criminal Law.

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.

Legal Analysis: Depending on the degree of damage, the act of destroying public property can be an act contrary to public morality or an illegal act. In general, the act of destroying public property is punishable by detention and fines in accordance with the Public Security Administration Punishment Law.

However, where the amount of intentional destruction of public property is relatively large, the crime of intentional destruction of property may be constituted in accordance with the provisions of the Criminal Law. If the perpetrator's criminal conduct causes the victim to suffer economic losses, in addition to criminal punishment in accordance with law, the perpetrator is also required to give the victim civil compensation according to the specific circumstances. In addition, civil damages shall be borne in priority.

Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" 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 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 36: Where victims suffer economic losses as a result of criminal conduct, the criminals shall be given criminal punishments in addition to being given in accordance with law, and shall be sentenced to compensate for economic losses based on the circumstances. Where criminals who bear civil liability for compensation are concurrently sentenced to a fine, and their assets are insufficient to pay in full, or where they are sentenced to confiscate their assets, they shall first bear civil liability for compensation to the victims.

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.