How to punish the crime of intentional damage to public or private property

1. It depends on the amount and number of times of damage to other people's property, if the amount reaches more than 5,000 yuan, more than three times, or gathers more than three people to openly destroy public or private property, it is suspected of a criminal offense;

2. If it does not constitute a criminal offense, it is a public security case and shall be detained for not less than 5 days but not more than 10 days, and may be fined not more than 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;

3. Legal basis: 1) Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] Intentional destruction of public or private property, the amount of which is relatively large or.

where 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. 2) 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 (1)" provides that anyone who intentionally destroys public or private property and is 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 persons to openly destroy public or private property; (4) Other situations where the circumstances are serious.

3) 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 also 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;

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.

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.

Legal Analysis: Punishment for intentional destruction of public or private property: detention for not less than 5 days but not more than 10 days, and a fine of up to 500 may be imposed concurrently; 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; where the crime of intentional destruction of property is constituted, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the amount involved is huge, the sentence is to be between three and seven years imprisonment.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 49: Anyone who steals, defrauds, robs, snatches, extorts, or intentionally damages public or private property is to be detained for between 5 and 10 days, and may be concurrently fined up to 500; 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 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.

The crime of intentional destruction of public or private property refers to the intentional destruction or destruction of public or private property, where the amount is relatively large or the circumstances are heinous, endangering the public interest, and the maximum sentence is life imprisonment.

Article 243 of the Criminal Law of the People's Republic of China stipulates: Whoever intentionally destroys public or private property, where the amount is relatively large or the circumstances are heinous, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the amount is huge or the circumstances are especially heinous, the sentence is between three and seven years imprisonment. The offence mainly involves the destruction or destruction of public facilities, other people's property, etc.

Specific acts include, but are not limited to, smashing, burning, scraping, etc., destroying property. When trying the crime, it is necessary to consider factors such as the subjective intent of the perpetrator, the nature, quantity, and value of the property destroyed or destroyed, as well as whether there are other illegal acts and impacts. At the same time, punishment may be mitigated, commuted, or waived as appropriate on the basis of specific circumstances.

What is a large amount of sock kernels? Article 243 of the Criminal Law does not explicitly stipulate that "the amount is relatively large" or "the amount is huge". The specific judgment should be made on the basis of the specific circumstances such as the value of the property intentionally damaged in the case.

Generally speaking, a few thousand yuan or so can be considered a large amount, and more than a few thousand yuan can be considered a huge amount.

The crime of intentional destruction of public or private property is a criminal act that infringes on the property rights of others and endangers the public interest. We should consciously abide by laws and regulations, refrain from any form of damage or destruction, and take the initiative to report to the relevant authorities if we find similar criminal acts.

Legal basis]:

Article 200 of the Criminal Law of the People's Republic of China Article 43 Whoever intentionally destroys public or private property, where the amount is relatively large or the circumstances are heinous, is to be sentenced to up to three years imprisonment, short-term detention or controlled release; where the amount is huge or the circumstances are especially heinous, the sentence is between three and seven years imprisonment.

Punishment for intentional destruction of public or private property: Detention for between 5 and 10 days is to be given, and a fine of up to 500 may be given; 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; where the crime of intentional destruction of property is constituted, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the amount involved is huge, the sentence is to be between three and seven years imprisonment.

Legal basis]:Article 49 of the Law of the People's Republic of China on Public Security Administration Punishments.

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; 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 of the People's Republic of China.

Intentional destruction of 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 for destruction, detention for surplus servitude, 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.

According to the law, intentionally damaging public or private property and causing the loss of more than 5,000 yuan constitutes the crime of intentionally destroying public or private property, and criminal responsibility must be investigated according to the specific circumstances. Where criminal suspects are able to actively return stolen goods or make restitution, they may be given a lighter punishment on the basis of the nature of the crime and the specific circumstances. The legal basis is defeated:

1. 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, 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. Where intentional investigation is suspected of destroying public or private property, and any of the following circumstances are suspected, a case shall be filed for prosecution: (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 persons to openly destroy public or private property; (4) Other situations where the circumstances are serious.

II. The Supreme People's Court's "Sentencing Guiding Opinions on Common Crimes" (Fa Fa [2013] No. 14) (3) and the Application of Common Sentencing Circumstances 8For the return of stolen goods or restitution, the base sentence may be reduced by up to 30% based on comprehensive consideration of circumstances such as the nature of the crime, the extent to which the act of returning stolen goods or restitution can make up for the harmful results, the amount of the return of stolen goods or restitution, and the degree of initiative; Among them, robbery and other crimes that seriously endanger public order should be strictly controlled.

Legal Analysis: 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 court's sentencing will comprehensively consider factors such as the motive for the crime, subjective malice, harmfulness to society, whether or not he is a recidivist, whether he has voluntarily surrendered, meritorious service, and other mitigating circumstances, as well as the parties' attitude toward admitting guilt.

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 involved is huge or there are other especially serious circumstances, a sentence of up to three years imprisonment of not more than seven years is to be given.

Punishment for intentional damage to property: Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, is a general illegal act, and shall be detained or warned, fined alone or concurrently, and ordered to compensate for losses in accordance with the provisions of the Regulations on Penalties for Public Security Administration.

1. How to deal with neighbors kicking the door of the police station.

The general handling of neighbors kicking the door at the police station is as follows:

1. The neighbor's kicking on the door itself is a certain civil dispute, but it may cause damage to other people's private property, which is generally a public security case, and will be fined and detained;

2. If the door is kicked and causes major property damage, the amount involved is relatively large, which may constitute the crime of destroying property. 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;

2. Legal provisions on the destruction of other people's graves.

The law stipulates that the destruction of other people's graves is an illegal act if the circumstances are serious. The offence of wilful destruction of someone's grave depends on whether the circumstances are serious or the amount is huge. Intentional destruction of public or private property, where the amount is small and the circumstances are relatively minor, does not constitute a crime and is an ordinary illegal act.

deliberately destroying or defacing the graves of others, or destroying or discarding the bones or ashes of others; Where a corpse is parked in a public place, or where the parking of a corpse affects the normal life or work order of others, and dissuasion is not heeded, the law provides for a certain period of detention or a fine.

3. Is it a crime to deliberately destroy my home's surveillance?

Suspected crime of intentional destruction of property for intentional destruction of other people's home monitoring: if the circumstances are relatively minor, it is a general violation of public security administration, and a warning or a fine of less than 200 yuan shall be imposed in accordance with relevant laws and regulations; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB, and ordered to compensate the perpetrator for losses.

Law of the People's Republic of China on Public Security Administration Punishments

Article 49: Whoever steals, defrauds, robs, snatches, extorts, or intentionally destroys the private property of a public troublemaker is 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 subject to a fine of up to 1,000 RMB.