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Intentional destruction of property.
Concept: Intentional destruction or damage to public or private property, the amount of which is relatively large or the circumstances are serious.
2.The objective aspect is seen in the concept.
3.The subject of the crime is ordinary.
4.The subjective aspect is intentional.
Notes & Differences:
Draw a clear line between the crime of intentional destruction of property and the crime of theft and the destruction of property as constituting other crimes. Where the crime of theft is carried out and the destruction of public or private property is caused, it is to be dealt with aggravally as the crime of theft. where other crimes are constituted at the same time, one is to be given a heavier punishment; Where the amount stolen is relatively small, but the amount of public or private property is intentionally destroyed, the amount is relatively large, or the circumstances are serious, it shall be punished as the crime of intentional destruction of property.
Anyone who intentionally destroys public or private property for the purpose of concealing the crime of theft or for the purpose of revenge or other motives shall be punished concurrently for the crime of theft and other crimes.
can be punished according to this crime, and 100w can be sentenced to life.
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Article 27 of the Regulations of the People's Republic of China on the Administration of the Renminbi prohibits the following acts that damage the Renminbi:
1) Intentional damage to the renminbi;
2) Making, imitating, trading renminbi patterns;
3) Using the RMB pattern on publicity materials, publications or other commodities without the approval of the People's Bank of China;
4) Other acts that damage the RMB as stipulated by the People's Bank of China.
This guy wants to burn it under the noses of others, it's illegal, hide in a place that few people can't see, who cares about you? What is it good to burn, burn a 100w, and hold it up when you are full?
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Big brother, give me more money.
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..It's not good to burn anything. Burn money... Take a look at the bank supplement... Do you want to meet or sue so-and-so?
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Summary. 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.
3. Administrative responsibility: Those who intentionally destroy other people's property may be given administrative detention and fines in accordance with the law.
4. Criminal liability: Intentional destruction of other people's property, and the amount is relatively large, constitutes the crime of intentional destruction of property, and is sentenced to criminal punishment in accordance with law.
Deliberately set fire to more than a million of my property, how should the court sentence me.
Hello, the platform cooperation lawyer is at your service. I'm understanding, please wait.
If there is an accidental fire, how will the loss be judged?
Whether it was an accidental fire or intentional arson.
It's all there. In the eyes of others, it is deliberate and I don't know what is going on.
Are you a party?
Or the victim.
No. Family.
Neither. In this case, if the property cannot be restored to its original state, it is necessary to compensate for the loss with other goods or money;
No sentencing. 1. Those who intentionally destroy the property of other people's mausoleums need to bear civil liability for compensation in accordance with the law, and can also be punished by public security administration; 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. Administrative responsibility: Those who intentionally destroy other people's property may be given administrative detention and fines in accordance with the law.
4. Criminal responsibility: Intentionally destroying other people's property, and the amount is relatively large, constitutes the crime of intentionally destroying property, and is sentenced to a penal punishment of remorse in accordance with law.
This is the responsibility to maliciously damage someone else's finances, you can take a look.
Hello, if you are satisfied with my reply, I hope to give me a thumbs up in the future, your encouragement is the motivation for my reply
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Legal Analysis: Fixed-term imprisonment of not more than 3 years, criminal detention or a fine, and a fine will be imposed as a general rule.
Legal basis: According to Article 33 of the 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, anyone who intentionally destroys public or private property and is suspected of one 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.
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1. Where 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;
2. 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. Standards for punishment for the crime of intentional destruction of property where the amount is huge.
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. Whoever intentionally destroys public or private property, where the amount is huge or there are other particularly serious circumstances, is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. In addition, if intentional destruction of other people's property constitutes a crime, it is also liable for civil compensation.
According to the provisions of Article 36, Paragraph 1 of the Criminal Law of the People's Republic of China, where the victim suffers economic losses as a result of a criminal act, the criminal shall be sentenced to compensation for economic losses in addition to criminal punishment in accordance with law.
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. As to whether Xiao Zhou's portrayal of the office constitutes the crime of intentional destruction of property, it is first necessary to conduct a value assessment of the losses caused by his behavior. If it causes property losses of more than 5,000 yuan, it shall be prosecuted for intentional destruction of public or private property, and shall also bear civil liability for compensation.
II. Sentencing standards for the crime of intentional destruction of property.
According to the provisions of China's Criminal Law, 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 or damage of public property or property owned by private citizens, so that the value and utility of a property are completely or partially lost. The constituent characteristics of this sin are:
The first is the subject characteristic, the subject of this crime is a general subject, any natural person who has reached the age of 16 and has the capacity for criminal responsibility.
"Particularly serious circumstances" refers to the destruction of personal property, causing others to become mentally disturbed; Destruction of production and operation equipment and facilities, resulting in suspension of production or suspension of branch operations, resulting in heavy losses; The means of destruction are extremely bad; Wait a minute.
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According to China's criminal law, the amount of destruction of other people's property is particularly large, and if the amount reaches a certain level, it will be regarded as a crime of leniency.
The specific sentencing standards are as follows:
According to the Criminal Law of China, the crime of destroying property refers to "the act of destroying, damaging or destroying the property of others". According to the severity of the circumstances of the destruction of property, it is divided into three grades:
1.Where the circumstances are less serious and the amount of property destroyed is relatively small, they will be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.
2.If the circumstances are ordinary and the amount of property destroyed is relatively large, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
3.If the circumstances are serious, the amount of property destroyed is particularly huge, or serious consequences are caused, they will be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment.
Therefore, destroying other people's property of 10 million yuan can be sentenced to more than seven years in prison, or even life imprisonment. However, the actual verdict also needs to take into account the actual behavior of the offender, a comprehensive assessment of multiple factors such as a good attitude of denying guilt.
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If the amount of intentional damage to property is more than 10,000 yuan, the sentencing standard is usually less than three years imprisonment, criminal detention or a single fine, and at present, China does not uniformly stipulate the standard for dividing the amount of intentional damage to property, and generally the amount of empty talk should be based on 50,000 yuan, so as long as the amount does not exceed 50,000 yuan, the sentencing will not exceed three years imprisonment.
1. How to sentence for intentionally destroying more than 10,000 yuan?
Article 275 of the Criminal Law of the People's Republic of China [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.
To ensure a balanced sentencing in cases of intentional destruction of property, on the basis of the "Criminal Law of the People's Republic of China" and the Supreme People's Procuratorate and Ministry of Public Security's "Provisions on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)", combined with the actual conditions of the level of economic development and the state of social security, the standards for determining the amount of criminal cases of intentional destruction of property are hereby provided for as follows:
1. Intentional destruction of property is "relatively large", starting with 5,000 yuan;
2. The intentional destruction of property is "huge", starting with 50,000 yuan.
II. What are the criteria for filing a case for the crime of intentional destruction of property?
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
Article 33: 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 a loss of 5,000 yuan to public or private property;
2) Destroying public or private property three or more times;
Gathering three or more people to openly destroy public or private property;
4) Other situations where the circumstances are serious.
3. What are the conditions for serving a sentence outside of prison for the crime of intentional destruction of property?
Article 214 of the Criminal Procedure Law of the People's Republic of China stipulates that a convict sentenced to fixed-term imprisonment or short-term detention may be temporarily served outside of prison under any of the following circumstances:
1) Those who have a serious illness and need to be released on medical parole;
2) Women who are pregnant or breastfeeding their own babies;
3) Unable to take care of oneself, the application of temporary service of sentence outside of prison will not endanger society.
Convicts sentenced to indefinite imprisonment may temporarily serve their sentence outside of prison in the circumstances provided for in item (2) of the preceding paragraph.
Convicts who might be a danger to society if released on medical parole, or convicts who injure themselves or harm themselves, must not be released on medical parole.
Where convicts truly have serious illnesses and must be released on medical parole, a hospital designated by the provincial-level people** is to diagnose them and issue supporting documents.
The sentencing range for cases of intentional damage to property also varies greatly, and the specific sentencing standards need to be analyzed by the court according to the actual circumstances of the case of intentional damage to property.
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