Criteria for filing a case for the crime of intentional destruction of property

The criteria for filing a case for the crime of intentional destruction of property are: 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 people to openly destroy public or private property, and other situations where the circumstances are serious. Legal basis:

1. Article 275 of the Criminal Law [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. 2. 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) Article 33: [Cases of Intentional Destruction of Property (Criminal Law Article 275)] 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 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 persons to openly destroy public or private property; (4) Other situations where the circumstances are serious.

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 (1) dated June 25, 2008, intentional destruction of public or private property shall be filed and prosecuted if any of the following circumstances are suspected:

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 persons to openly destroy public or private property;

(4) Other situations where the circumstances are serious.

Legal basis: Article 33 of 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)".

Article 303 of the Criminal Law of the People's Republic of China.

Article 2 of the Interpretation on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Gambling.

Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China.

The crime of intentional destruction of property requires that the perpetrator is subjectively intentional and objectively has the fact of financial damage, and secondly, the value of the property is also the criterion for consideration.

I. Standards for filing a case for the crime of intentional destruction of property.

1. The criteria for filing a case for the crime of intentional destruction of property are as follows:

1) Causing a loss of more than 5,000 yuan to public or private property;

2) Destroying public or private property more than three times;

3) Gathering three or more people to openly destroy public or private property;

4) Other situations where the circumstances are serious.

2. Legal basis: Article 275 of the Criminal Law of the People's Republic of China.

Crime of intentional destruction of property] 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, 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.

2. The boundary between the crime of illegal logging and destruction of plants under national key protection and the crime of intentional destruction of property.

Since the ownership of precious plants belongs to the state, the act of illegal felling and destruction of precious plants also infringes on the ownership of precious plants by the state, so there are similar differences with the ownership of state, collective and individual property infringed by the crime of intentional destruction of property, which is mainly manifested in:

1. The object of the crime is different. The crime of illegal felling and destruction of precious plants violates the state's management system for the protection of plant resources, and is a crime of destroying environmental resources; The crime of intentional destruction of property infringes on the ownership of public and private property, and is a crime of infringing on property;

2. The objective elements are different. As long as the perpetrator of the crime of illegally logging or destroying precious plants commits the act of illegally harvesting or destroying precious plants, he or she can constitute a crime in the first year; In addition to the act of destroying public or private property, the perpetrator of the crime of intentional destruction of property must also reach a certain amount and circumstances, and the amount is relatively large or the circumstances are serious, before the crime is constituted;

3. The targets of the crime are different. The target of the crime of illegal logging and destruction of precious plants is only precious plants; The object of the crime of intentional destruction of property may be any public or private property;

4. The main elements are different. The subject of the crime of illegal logging or destruction of precious plants may be either a natural person or a unit; However, the subject of the crime of intentional destruction of property can only be a natural person, and the unit is not the subject of the crime.

Intentional destruction of public or private property, in any of the following circumstances: causing a loss of 5,000 yuan or more to public or private property; destroying public or private property three or more times; Where three or more people are gathered to openly destroy public or private property, the criteria for filing a case are met, and a case may be opened to pursue the perpetrator's criminal responsibility.

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 is huge or there are other especially serious circumstances, the sentence is to be between three and seven years imprisonment.

Article 33 of the Provisions of the Supreme People's Xunfeng 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) Where public or private property is destroyed and any of the following circumstances are suspected, a case shall be filed for prosecution:

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 persons to openly destroy public or private property;

(4) Other situations where the circumstances are serious.

causing losses of 5,000 RMB 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; and where the circumstances are serious, file a case.

Legal basis:Article 275 of the Criminal Law of the People's Republic of China.

Intentional destruction of public or private property, where the amount is larger than that of the public or where 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.

Article 33 of the 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 (1).

Cases of intentional destruction of property (Criminal Law article 275) Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed for prosecution:

jujube and 1) causing a loss of 5,000 yuan or more in 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.

Where intentional destruction of public or private property is suspected of any of the following circumstances, a case shall be filed and prosecuted: (1) causing a loss 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.

Legal basis: Article 200 of the Criminal Law Article 75 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.

The criteria for filing a case for the crime of intentional destruction of property are: intentionally destroying public or private property, 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; There are other serious circumstances.

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 [Cases of Intentional Destruction of Property (Criminal Law Article 275)] 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 RMB or more to public or private property; (2) Destroying public or private property three or more times and searching in ambush; (3) Gathering three or more persons to openly destroy public or private property; (4) Other situations where the circumstances of the absence of a calendar are serious.

Standards for criminal prosecution of intentional destruction of property: If the statutory maximum penalty for the crime of intentional quarrel and destruction of property is less than five years imprisonment, the statute of limitations for prosecution is five years; If the statutory maximum sentence for the crime of intentional destruction of property is between 5 and 10 years imprisonment, the statute of limitations for prosecution is 10 years.

Legal basis:Article 87 of the Criminal Code.

The offence will not be prosecuted after the following periods have passed:

1) Where the legally-prescribed maximum sentence is less than 5 years imprisonment, 5 years have elapsed;

2) Where the legally-prescribed maximum sentence is between 5 and 10 years imprisonment, 10 years have passed; State stupidity.

3) Where the legally-prescribed maximum sentence is 10 years or more imprisonment, 15 years have elapsed;

If the statutory maximum penalty is life imprisonment or death, 20 years have passed. If it is found necessary to prosecute after 20 years, it must be reported to the Supreme People's Procuratorate for approval.

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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.