What should I do if there is a car smashing case?

In the case of smashing a car, if the circumstances are slight, it is generally a public security case, if the suspect has been caught, and after the investigation is clear, the relevant treatment will be carried out in a short time.

If the smashing of the car reaches more than three times or the loss caused by more than 5,000 yuan, it is a criminal case, and the case shall be filed for investigation, and the person who smashes the car is suspected of the crime of intentional destruction of property, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Relevant Laws

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).

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 and 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.

Criminal Law of the People's Republic of China

Article 275: [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 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.

In the event of a car smashing case, it should be handled like this:If the vehicle has been smashed, if the police have been called, the slight circumstances generally belong to the public security case, if the suspect has been caught, and the investigation is clear, ** will be dealt with in a short time. If the circumstances are more serious and it is a criminal case, then the police station can investigate the criminal responsibility of the criminal suspect within 5 years of the time limit for dealing with the smashed car; If a case has been opened for investigation, the criminal suspect can be held criminally responsible at any time.

[Legal basis]:

Article 275 of the Criminal LawThe crime of intentional destruction of property refers to the intentional destruction of public or private property, where the amount is relatively large or there are other serious circumstances, and the sentence is 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.

1. Damage to other people's property does not constitute a crime, and public security punishment shall be imposed in accordance with the provisions of the "Public Security Administration Punishment Law".

According to Article 49 of the "Law on the Punishment of Public Security Benches", those who intentionally damage public or private property are to 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 1,000 RMB.

2. Intentional destruction of public or private property, suspected of any of the following circumstances, shall be filed for prosecution:

1) Causing losses of more than 5,000 yuan 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.

Sentencing for the crime of intentional destruction of property and property:

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.

A relatively large amount refers to causing a loss of 5,000 yuan or more in public or private property.

Other serious circumstances refer to destroying public or private property three or more times, or gathering three or more persons to openly destroy public or private property.

Huge amount refers to causing a loss of 100,000 yuan or more in public or private property.

Particularly serious circumstances refer to the destruction of personal property, causing others to go insane; Destruction of production and operation equipment and facilities, resulting in suspension of production or suspension of operation, resulting in heavy losses; The means of destruction are extremely bad; Wait a minute.

Article 275 of the Criminal Law, 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 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.

Analysis of the law: If the car is smashed more than three times or the loss caused is more than 5,000 yuan, it is a criminal case, and the case should be filed for investigation, and the person who smashed the car is suspected of intentionally destroying property, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.

Legal basis: "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)] Intentional destruction of public or private property, suspected of any of the following circumstances, shall be prosecuted in the case of filing and stopping the case: (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.

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, a sentence of between three and seven years imprisonment is to be given.