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1. If the act of splashing paint causes a loss of more than 5,000 yuan to public or private property, the standard for conviction of the crime of intentional destruction of property is met, and the person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine;
2. If the amount of damage is not enough to file a criminal case, it will be subject to administrative punishment;
3. Legal basis:
1) "Public Security Administration Punishment Law" Article 49 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 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.
2) Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, and 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.
3) "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 (Article 275 of the Criminal Law) 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 people to openly destroy public or private property;
4) Other situations where the circumstances are serious.
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Intentional damage to public or private property. It depends on the value of the vehicle and the extent of the damage. Get a QQ, it's okay, fine or not, if it's a BMW Mercedes-Benz or something, I'm sorry, it may constitute a crime.
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Because it does not endanger the owner's person, public property and personal safety, there is no need to bear other responsibilities, only civil liability.
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1. Is it illegal to splash paint on other people's cars?
1. It is illegal to splash paint on other people's cars. The details are as follows:
2) For serious circumstances and suspected public security violations, both parties can mediate and deal with it, and if mediation fails, public security punishment can be imposed;
3) Those who cause losses of more than 5,000 yuan to others are suspected of the crime of intentionally destroying others' property and must bear criminal responsibility.
2. Legal basis: Article 275 of the Criminal Law of the People's Republic of China.
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.
Article 276.
Anyone who destroys machinery and equipment, mutilates farm animals, or destroys production and operation by other means due to anger and revenge or other personal purposes, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment.
II. What are the circumstances of intentional destruction of public or private property that should be filed and 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 people to openly destroy public or private property;
4. Other situations where the circumstances are serious.
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Look at who sprayed the paint:
If it is a new car purchase, the body has additional paint and the sale is not announced. You can apply for a claim from the 4S store, and the 4S store will compensate you with a high amount according to the Three Guarantees Law. If it is notified in advance, the 4S store will spray the original paint from the new factory for free.
Both processes can also be done with a sales consultant and a post-sales claimant.
If it is spray painted by others, the treatment: 1Call 110, deal with civil disputes, go to the 4S store to repair the original paint, let the other party bear it, and then ask for lost work expenses and so on.
2.Report to the insurance company (the premise is that this car has car damage insurance), if the responsible party can be found, it will be handled according to the civil dispute (this is the dispute between the insurance company and the responsible party), and the insurance company will compensate in full. If the responsible party cannot be found, the insurance company will pay 70% of the assessed amount.
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Call the police and report the danger, they will take care of it.
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Where, in order to retaliate, the perpetrator smears the body of another person's car by means such as splashing paint, and the loss is less than 5,000 RMB, in accordance with article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" (law), the public security organs are to detain the party for between 5 and 10 days in accordance with law, and may also give a concurrent fine of 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.
If the loss caused to the other party's property is more than 5,000 yuan; or where public or private property is destroyed three or more times, the parties shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine in accordance with article 275 of the Criminal Law of the People's Republic of China, article 33 of the Supreme People's Procuratorate and Ministry of Public Security Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1) (judicial interpretation) and other laws and judicial interpretations.
At the same time, in accordance with Article 1165 of the Civil Code (Law), if the actor infringes on the civil rights and interests of others due to his fault and causes damages, he shall bear civil tort liability.
Civil Code of the People's Republic of China (Law).
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Law of the People's Republic of China on Public Security Administration Penalties (law).
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.
Criminal Law of the People's Republic of China (law).
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.
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) (Gongtong Zi [2008] No. 36)).
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.
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Legal Analysis: Illegal.
For serious circumstances and suspected public security violations, the two parties may mediate and deal with it, and if mediation fails, public security punishment may be imposed;
Those who cause losses of 5,000 yuan or more to others are suspected of the crime of intentionally destroying other people's property and must bear criminal responsibility.
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Splashing paint on someone else's car, in addition to the owner's claim, if the owner's loss is serious, you will be held responsible, then it may cause intentional damage, and other people's finances will be punished by law, and you may be detained.
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How serious is the legal nature of splashing paint on someone else's car, in addition to the owner's claim? You have violated the law by doing so, such as damaging other people's property, torturing people, causing trouble, and you will be detained or sentenced.
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In addition to the owner's claim, you also need to apologize to the owner and obtain the owner's forgiveness, otherwise you will be subject to criminal punishment.
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It's quite serious, and it has already involved illegal steps, so don't easily do something that hurts others without morality, even if others hurt you, we should make some rational resistance not to do this, but also to hurt ourselves.
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If you splash paint on someone else, of course the owner will need you to claim compensation, after all, you are deliberate, and if there is a serious quarrel, you will be taken to court.
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Splashing paint on someone else's car, in addition to the owner's claim, the law also depends on the other party's purpose and whether there is a gang nature.
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According to what you said, as long as you reach some kind of agreement or private chat with the car owner, then you don't need to bear other responsibilities.
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Legal analysis: Violating the law, splashing paint on other people's vehicles is a public security violation, and the public security organ shall detain the perpetrator for not less than 5 days but not more than 10 days in accordance with the law, and may also impose a fine of less 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.
Legal basis: Article 26 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who commits any of the following acts shall be detained for between 5 and 10 days, and may be concurrently 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.
1) Gang fighting;
2) Chasing or intercepting others;
3) Forcibly taking or arbitrarily destroying or occupying public or private property;
4) Other acts of picking quarrels and provoking trouble.
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1. The treatment method of the car being splashed with paint is as follows:
1) The car was sprayed with paint, and first took pictures to leave evidence;
2) Call the police and inform the police of the specific situation and location;
3) Accident investigation and issuance of claim instructions to the policyholder;
4) Confirmation of losses, determination of the method and cost of repairing damaged property;
5) Submit the claim materials, and the company will investigate and verify it in a timely manner;
6) Calculation and review of compensation, and reach a final compensation agreement with the policyholder;
7) To receive compensation, the company shall pay compensation to the policyholder according to the compensation payment method agreed with the policyholder and the agreement of the insurance contract;
8) Assist in recovery.
2. Legal basis: 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.
II. What are the criteria for determining the crime of intentional damage to property?
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 people to openly destroy public or private property;
4. Other situations where the circumstances are serious.
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Spraying someone else's car with paint does not constitute an offence, but it has violated the regulations on public security administrative penalties. is an illegal act, and civil compensation is also payable.
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