A villager child damaged another person s vehicle due to drunkenness and was detained The owner said

No, there are generally two conditions for the crime of intentional destruction of public or private property in the Criminal Law:

Objective: It is manifested as the perpetrator illegally carrying out acts of destroying public or private property, the circumstances are serious, or a relatively large amount of economic losses have been caused to the state, collectives, or individuals. The destruction of public and private property here includes destruction and damage, the former refers to the complete loss of the value and function of the property, and the latter refers to the partial loss of the value and function of the property, and the specific manifestations are diverse, such as burning, smashing, dismantling, drowning, smashing, etc.

Discernment: The size of the amount or whether the circumstances are serious is an important criterion for distinguishing the crime of intentional destruction of public or private property from the non-crime, and only the intentional destruction of public or private property where the amount is relatively large or the circumstances are serious constitutes the crime of intentional destruction of public or private property. Serious circumstances generally refer to circumstances such as the destruction of public or private property by heinous means, despicable motives, serious losses from the destruction of important items, and circumstances such as the destruction of public or private property causing a heinous impact or serious consequences.

Where the amount of intentional destruction of public or private property is not large, or the circumstances are obviously minor and the harm is not great, it is not considered a crime.

To sum up: if what you said is true, the kid just got drunk and kicked a few times. I don't think it would constitute a crime.

As for the amount of loss, it should be certified by a professional appraisal agency, or a claim statement from an insurance company, etc. The invoice of the repair shop should not be used as evidence, let alone empty words.

In addition: the owner's claim is only an assertion, not a result, and the judgment made by the judicial organ is the result. You're right? If you are not satisfied, you can still appeal, right?

The kicking is serious, depending on what car, it is impossible for the general car to accompany 3w, and it will be squatted for 3 months at most.

To be polite, but since she is a fellow countryman, she will not be worse than ordinary people to you, and you can be a good friend.

You think too much, and if it is interesting to you, you will not send pears.

Her enthusiasm is mainly due to the fact that it is rare to meet a fellow villager and feel very cordial.

This eldest sister should feel very close to her fellow countrymen.

Folks! If you want me, I will do the same! So welcoming!

You can apply for administrative reconsideration.

There are doubts about the results of the Public Security Bureau's determination. An application for reconsideration may be made to the public security department at a higher level.

But you should also communicate why the standard deviation is 10 times?

The Public Security Bureau should give you a reason.

Any case handled by the police station will be left in the archives.

Your matter has been reported to the police, unless the police station has not accepted the case, it means that the police department has accepted the case.

However, since the matter was resolved through a private understanding between the two of you, the informant may apply for the case to be dismissed. If the police station agrees to revoke it, the case will not be filed.

Since there has been an understanding between you, and the case is a general civil dispute, there will be no detention.

If you promptly report the case to the public security organ that accepted the case, and both sides are willing to coordinate and resolve the matter on their own, and both sides go to the venue to explain and write clearly in person, you can not be punished.

Hello, if you lose money and withdraw the civil lawsuit, you will be detained for a few days at most, but more than 5,000 yuan can be criminally detained, and you will go to jail. So it's better to lose money.

If the parties negotiate and agree on compensation, there is no need to go through the judicial process, and if there is no consensus, one of the parties has the right to file a lawsuit

Surely he will not be detained.

Depending on your description, this may leave a criminal record, but not all criminal records will be affected.

Suspected of picking quarrels and provoking troubles or intentionally damaging public or private property.

If the public security organ determines that it is an illegal act of picking quarrels and provoking troubles, it may be sentenced to up to 15 days of administrative detention and may also impose a fine of up to 1,000 yuan. If the public security organ determines that it is an illegal act of intentionally damaging public or private property, it may be sentenced to up to 15 days of administrative detention and may also impose a fine of up to 1,000 yuan.

where a crime is constituted, criminal responsibility is pursued in accordance with law, and whether or not a crime is suspected of being constituted is to be decided on the basis of the circumstances of the case.

Those who actively repair the vehicle and compensate the victim for their losses may be given a lighter punishment, but this does not mean that legal responsibility will not be pursued.

Those who intentionally destroy other people's property shall be fined or detained for up to 15 days in accordance with the "Public Security Administration Punishment Law", and if the amount of property loss is relatively large, they will also be suspected of the crime of intentional destruction of property, and criminal responsibility shall be pursued in accordance with law.

Positive restitution may be punished lightly, but it does not exempt criminal or administrative responsibility, and the public security organs have the right to take detention measures.

Article 49 of the Public Security Administration Punishment Law: 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.

Article 275 of the Criminal Law: 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.

Is there a reason to deliberately break the glass of someone else's car? For example, if a debt dispute is drunk or unaccustomed to it, it should be characterized as picking quarrels and provoking trouble, and the standard for pursuing criminal responsibility is also worth 2,000 yuan, and if the value is less than 2,000 yuan, public security penalties will be applied.

In addition, more serious intentional injuries and picking quarrels and provoking troubles (the standards vary from place to place, see local administrative regulations for details) are not applicable to mediation, that is, if you pay compensation, you still have to accept punishment, but you will be more lenient in terms of punishment or conviction and sentencing.

The dismissal of a case is also called a withdrawal case, and the case will be closed only if it is found that no criminal punishment is applicable, the person concerned has died, or the prosecution period has expired. If your friend's situation is a public security punishment, after accepting the punishment, the public security case file will be filed (there is no cancellation of the case); If it is a criminal punishment (being criminally detained or released on bail pending trial), and it is said that the case will not be cancelled (even if the case is closed, it will be transferred to public security punishment, returning to the previous situation), it is waiting for arrest and prosecution.

Hello: Maliciously smashing someone else's car may constitute the crime of intentional destruction of property. The specific sentence may be several years, depending on the specific circumstances of the case, the value of the smashed car, the losses caused to the owner of the car because of the smashing, the compensation, whether the owner of the car understands, and other circumstances.

Attached to the provisions of the Criminal Code:

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 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.

If the key loss amount exceeds 5,000 yuan, criminal responsibility for intentional destruction of private property can be investigated!

However, at least detention and fines can be imposed.

The case record cannot be erased!

If the damage to the car is high, the other party will report the case and damage other people's property as a story, and the police will deal with you and investigate legal responsibility, and the detention is generally about 10-15 days, which does not hurt anyone.

Deliberately damaging another person's car is generally not serious and is subject to detention for 7 to 15 days.

According to the amount determined, if it exceeds 2,000 yuan, it constitutes the crime of intentional destruction of property, and criminal responsibility shall be investigated, and if the appraisal amount is insufficient, it shall be punished by the Public Security Punishment Law.

Public security detention is not a big problem, but if it is criminal detention, then it is subject to sentencing.

This is our favorite movie to watch.

Deliberately destroying the property of others, after reporting to the police, the police notify to deal with it, and the police have the right to take compulsory measures to punish them.

According to Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments, the public security organs may mediate and deal with violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

Failure to go to the police station may result in administrative punishment in accordance with the law, and serious damage to public or private property may result in a prison sentence.

According to the "Provisions on Procedures for Handling Administrative Cases":

Article 144: Where the facts of the illegal conduct are clear, the evidence is credible and sufficient, and administrative punishments shall be given in accordance with law, and where it is not possible to perform the obligation to inform due to reasons such as the offender's escape, the public security may employ public announcements to inform them. Within 7 days of the announcement, where the suspect does not submit a defense, an administrative punishment decision may be made in accordance with law.

According to Article 8 of the Administrative Punishment Law of the People's Republic of China, there are seven types of administrative punishments:

Article 8: Types of administrative punishments:

a) Warning; b) fines;

3) Confiscation of unlawful gains and confiscation of illegal property;

4) Order the suspension of production and business;

5) Temporarily withholding or revoking permits, or suspending or revoking licenses;

6) Administrative detention;

7) Other administrative punishments provided for by laws and administrative regulations.

According to the "Law of the People's Republic of China on Public Security Administration Punishments":

Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are 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.

In accordance with the provisions of the Penal Code:

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.

To be judged by the value of the damaged vehicle:

If the value of the damaged part does not exceed RMB after appraisal by the price department, it is a public security case, and the provisions of Article 49 of the "Public Security Administration Punishment Law" have been violated, and if the two parties cannot reach a mediation agreement, the public security organ will punish the offender in accordance with Article 49 of the "Public Security Administration Punishment Law". Where the offender evades punishment, the public security organs will, in accordance with article 144 of the "Provisions on Procedures for Handling Administrative Cases", post an "Administrative Punishment Notification Announcement" in a conspicuous position such as at the door of the offender's residence, on the public column of the community, or on the bulletin board of the village committee, and if the offender does not submit a defense within 7 days, the public security organ will make an administrative punishment decision in accordance with law. After an administrative punishment decision is made, when the offender is caught and the administrative punishment is enforced.

According to the appraisal of the price department, the value of the destroyed part exceeds 5,000 yuan (including 5,000 yuan), and the criminal suspect's conduct triggers article 275 of the Criminal Law, constituting the crime of intentional destruction of property. If the criminal suspect cannot be brought into the case in a timely manner, the public security organs will pursue the criminal suspect online.

Public Security Administration Punishment Law:

Article 49: Those who steal, defraud, rob, snatch, extort, or intentionally damage public or private property are 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.

Provisions on Procedures for Handling Administrative Cases:

Article 144: Where the facts of the illegal conduct are clear, the evidence is credible and sufficient, and an administrative punishment shall be given in accordance with law, and where it is not possible to perform the obligation to inform due to reasons such as the offender's escape, the public security organs may employ a public announcement to give notice. Where the suspect does not submit a defense within 7 days of the announcement, an administrative punishment decision may be made in accordance with law.

Article 275 of the Criminal Law: 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.

There must be a good reason to arrest you, and if not, you can go to court and file a lawsuit.

As for this trivial matter, if the paint is not slipped, it is generally to go to the police station to write an apology letter to the car owner.

Someone else writes to you to copy it, and even a few words written by yourself are meaningful.