The crime of intentional destruction of other people s property, what is the crime of intentional de

The punishment for the crime of intentional destruction of others' property is that whoever destroys another person's property, and 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].Article 14 of the Criminal Law of the People's Republic of China.

Intentional crimes are committed when one clearly knows that one's conduct will have a result that is harmful to society, and hopes or allows such a result to occur, thus constituting a crime.

Those who commit intentional crimes shall bear criminal responsibility.

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.

Legal Analysis: If the circumstances of intentional destruction of other people's property are relatively minor, it is a general violation of the administration of public security, and will be dealt with in accordance with the provisions of the public security administration punishment, and does not constitute a crime. Intentional destruction of other people's property constitutes a crime if the amount is relatively large or there are other serious circumstances, including intentional destruction of other people's property causing serious losses to the victim, and the means of destruction are extremely cruel and heinous, the motive for doing this is too despicable and the attempt to blame others for the cause, causing serious consequences, and so on.

The criteria for filing criminal cases under the jurisdiction of the public security organs for intentional destruction of property are that if the loss of public or private property is greater than 5,000 yuan, the destruction of property is greater than 3 times, and where 3 or more accomplices are assembled to openly damage public or private property, and other serious circumstances will be filed and prosecuted. Those who intentionally destroy public or private property, and the amount is relatively large, shall be sentenced to up to three years imprisonment or short-term detention or a fine, and where the amount is huge or there are especially serious circumstances, between three and seven years imprisonment.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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: Intentional destruction of other people's 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 a general illegal act.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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.

If the act of intentionally damaging other people's property does not constitute a crime, the public security organ shall impose a public security punishment in accordance with the provisions of the "Public Security Administration Punishment Law", and generally impose a public security detention ranging from 5 to 10 days, and may also impose a fine of up to 500 yuan, and if the circumstances are serious, the time of public security detention is 10 to 15 days, and the fine standard is 1,000 yuan, and if a crime is constituted, criminal responsibility needs to be borne.

China's Criminal Law has a penalty for intentional destruction of property, and 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 property. Where 5,000 RMB or more is caused, the property loss is generally found to be a relatively large amount. The crime is an intentional crime, and if it is negligence, it does not constitute the crime.

What are the criteria for filing a case for the crime of intentional destruction of property?

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.

III. What are the requirements for applying for release on bail pending further investigation after being detained on suspicion of intentional destruction of property?

1) Where a sentence of controlled release, short-term detention, or an additional punishment might be applied independently;

2) A sentence of fixed-term imprisonment or higher might be given, and release on guarantee pending further investigation will not cause danger to society;

3) Women who suffer from serious illnesses, are unable to take care of themselves, are pregnant, or are breastfeeding their own infants, and are released on guarantee pending further investigation will not be a danger to society;

4) The period of detention is complete, the case has not yet been completed, and it is necessary to continue the investigation.

For criminal suspects in custody, where the evidence does not meet the requirements for arrest, and where the people's procuratorate does not approve the arrest after an arrest is submitted, and it is necessary to continue the investigation, and the requirements for release on guarantee pending further investigation are met, they may be released on guarantee pending further investigation in accordance with law.

[Legal basis].

Criminal Law of the People's Republic of China

Article 275:Whoever intentionally destroys public or private property, and the amount of money 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 the Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1).

Article 33 [Case of Intentional Destruction of Property (Criminal Law Article 275)] Intentional destruction of public or private property, suspected of any of the following circumstances, shall be filed for prosecution: causing a loss of 5,000 yuan or more to public or private property; destroying public or private property three or more times; Gathering three or more persons to openly destroy public or private property; Other situations where the circumstances are serious.

For example, to protect the personal safety of citizens, China has the crime of intentional homicide and intentional injury, etc., then there are the same standards for the protection of property safety, if others steal their own money without knowing it, they may commit the crime of theft, then if they intentionally damage other people's burning property, our country also has a corresponding crime to punish, called intentional damage to other people's property.

The crime of intentional damage to other people's property cannot be used at any time, and the amount or extent of the damage must reach the requirements of the law. For example, if you destroy someone else's pencil or eraser in ordinary life, the standard of damage is not enough to file a case.

In the litigation standards jointly stipulated by the Supreme Procuratorate and the Ministry of Public Security, there is also a corresponding explanation for the crime of intentional destruction of other people's property, which cites the following four situationsIn real life, if the following four situations occur, they meet the criteria for filing a case for the crime of intentional damage to other people's property, and they can file a lawsuit and will be punished by law.

I. Standards for filing a case for the crime of intentionally damaging other people's property.

1.The first is a more rigid monetary provision, which says that if a party intentionally destroys other people's property, causing serious damage to the property, and the total loss reaches more than 5,000 yuan, he can be sentenced to the crime of intentionally damaging the property of others. This is a relatively simple and rigid rule, just look at the amount of damage in the end.

It is easier to operate in real life.

2.The second situation is that if the party intentionally damages the property of others, although the amount does not reach 5,000 yuan, the number of damages is more than three times can also be filed. In this case, although the amount of damage is not very large, because of the number of damages, the subjective malice is relatively serious, and the threat of recidivism is very large, in this case, punishment should be made.

3.The third situation is that the social impact caused is relatively bad, that is, if the parties entangle three or more other people and deliberately destroy the property of others, they will also file a case. For example, many people are involved in smashing and looting other people's shops or homes, which is a situation described in this provision.

4.The fourth circumstance is a catch-all provision, and if there is a situation that does not fall into any of the above three circumstances, but the social impact caused is relatively serious due to the heinous circumstances, the people's court may also make a judgment and establish a case for the crime of intentionally damaging the property of others.

These four situations are the circumstances under which the law clearly states that the crime of intentionally damaging other people's property can be filed. It should be noted that damage to other people's property includes not only money and goods, but also as long as it is a property, such as Sakura's own dog, or other animals.

Legal Analysis: The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property in a relatively large amount or with other serious circumstances. It can also be said that it refers to the deliberate and unlawful destruction of public property or property owned by private citizens, so as to completely or partially lose the value and utility of a property.

The constitutive characteristics of this crime are: First, the subject of this crime is a general subject, any natural person who has reached the age of 16 and has the ability to be held criminally responsible.

Legal basis: Article 275 of the Criminal Law of the People's Republic of China, where public or private property is intentionally destroyed, 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.