What is the sin of drinking wine to ask for an account and smashing the other party s things?

Updated on healthy 2024-06-30
9 answers
  1. Anonymous users2024-02-12

    1. Those who drink alcohol, whether they are illegal or criminal, should bear the corresponding responsibility. The drunken creditor asks the debtor for a debt. and deliberately destroying the debtor's property.

    It is an illegal or criminal act of intentionally destroying public or private property. Whether a crime is constituted needs to be considered whether the value of the intentional destruction of public or private property exceeds 5,000 yuan, whether it is intentional destruction of public or private property three or more times, whether it is an assembly of three people to openly and intentionally destroy public or private property, or whether there are other serious circumstances.

    If the above description is met, criminal liability will be pursued. Otherwise, they will be held liable for administrative violations.

    2. Where intentional destruction of public or private property reaches the level of criminal responsibility that shall be pursued in accordance with law, a sentence of up to 3 years imprisonment, short-term detention, or a fine is to be given in accordance with article 275 of the Criminal Law. If the judicial organ finds that the case is intentional destruction of public or private property, causing huge losses or other particularly serious circumstances, the sentence shall be between 3 and 7 years imprisonment.

    3. Where the intentional destruction of public or private property does not reach the level of criminal responsibility that should be pursued, responsibility for administrative violations shall be pursued in accordance with Article 49 of the Public Security Administration Punishment Law. They 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.

    4. Illegal or criminal suspects who intentionally destroy public or private property shall bear civil liability for compensation to the victim in accordance with law. The principle of compensation is based on restitution as the first principle, and if it cannot be restored, compensation shall be discounted with reference to the original purchase** of the damaged property and its service life.

    5. The creditor's rights against the debtor in this case can only be resolved through negotiation or litigation procedures. If the creditor breaks the law or commits a crime again, he will be held accountable.

    The judicial basis is Articles 15 and 49 of the Law of the Republic of China on Public Security Administration Punishments.

    The judicial basis is Articles 18 and 275 of the Criminal Law of the People's Republic of China.

    The judicial basis is Article 33 of the "Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs by the Supreme People's Procuratorate and the Ministry of Public Security".

    The judicial basis is Articles 106 and 117 of the General Principles of the Civil Law of the People's Republic of China.

  2. Anonymous users2024-02-11

    Malicious damage to personal property shall be sentenced to fixed-term imprisonment of not more than 2 years.

  3. Anonymous users2024-02-10

    The crime of wilful destruction of other people's property.

  4. Anonymous users2024-02-09

    constituted a pretending not to be forced but was ......

  5. Anonymous users2024-02-08

    In this case, two crimes may be convicted.

    First, the crime of drunken nuisance, sabotage and nuisance, and the act of affecting the normal behavior or production and life of others.

    Second, the crime of sabotage and damage. Acts that damage the property or property of others, causing losses and results.

    Finally, based on the results, the court will investigate, make an appropriate assessment, and then sentence and convict in accordance with the relevant laws.

  6. Anonymous users2024-02-07

    In fact, this is just a matter of losing money and apologizing, depending on whether the situation is serious, if the other party accepts your apology and loses money, he can accept it, and there is no problem.

  7. Anonymous users2024-02-06

    How long is it going to be, I don't know anything, I smashed the store, and then you have to apologize to others, pay some money to make up for other people's losses, and get their understanding.

  8. Anonymous users2024-02-05

    In accordance with the "Public Security Administration Punishment Law", he is to be detained for between 5 and 10 days, and may be fined up to 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.

    Law on the Administration and Punishment of Peace

    Article 15. Where a drunk person violates the administration of public security, he shall be punished.

    Where a person who is intoxicated is in a state of intoxication and poses a danger to himself or to the person, property, or public safety of others, protective measures shall be taken to restrain him until he sobers up.

    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.

    1. What constitutes a crime.

    The so-called composition of a crime refers to the organic unity of all the subjective and objective elements necessary for the act to constitute a crime in accordance with the provisions of the Criminal Law of our country to determine the social harmfulness and degree of a specific act. It has the following two characteristics:

    1. The composition of a crime is the organic unity of a series of subjective and objective elements, and the composition of any crime includes many elements, some of which belong to the objective aspect of the crime, and some of which belong to the subjective aspect of the crime, and they are organically unified to form the criminal composition of a certain crime.

    2. The constitutive elements of the crime have the constituent elements required for the statutory act to establish the crime, which must be provided for by the Criminal Law of our country, and only the factual characteristics of the case that have been selected by law can become the constitutive elements of the crime of committing the crime.

    The composition of a crime plays an important role, providing a clear and specific legal standard for distinguishing between crime and non-crime, and between one crime and another. At the same time, the significance of the composition of the crime is also very important for sentencing. Conviction is the premise and basis of sentencing, and only when the characterization is accurate can the sentence be appropriate.

    II. The four major elements of a crime.

    1. "Criminal entity" refers to natural persons and units that have committed criminal conduct and shall bear criminal responsibility in accordance with law.

    2. The object of criminal remorse refers to the social relations protected by the criminal law and violated by criminal acts.

    3. The subjective elements reflect the psychological state under the control of the perpetrator's psychological state that endangers society, and what are the specific requirements of the criminal law for the psychological state of the crime.

    4. Objective elements refer to the specific manifestations of criminal conduct. For example, when committing the crime of fraud, the offender has the act of fabricating facts and deceiving others, and the crime of drug trafficking has the act of selling drugs, and so on.

  9. Anonymous users2024-02-04

    It can be judged according to the plot:

    1. The crime of disturbing public order;

    2. Crimes against public order;

    3. The crime of picking quarrels and provoking trouble.

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