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Anonymous users2024-02-16It is an act of illegally damaging the property of others. Smashing the door is intentional destruction of property and is an illegal and criminal act. The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances, and smashing the door in the middle of the night to break into the home is a criminal act, and criminal responsibility is pursued.
Depending on the circumstances of the crime, it may constitute the crime of intentional injury, the crime of intentional damage to property, and the crime of trespassing into a dwelling.
Legal analysis
Whether or not a crime will be constituted by intentionally smashing another person's door can only be determined on the basis of factors such as the motive for the smashing and the property damage caused by the smashing act. If you just smash the door, but the door is not smashed open, and only the property is damaged, you can claim compensation. The value of the door is appraised and the neighbor is guilty of intentional destruction of property.
If you have broken open the door and trespassed into your home, you are guilty of trespassing. The offence refers to the disappointment or absence of the members of the dwellingLegal basisEntering a citizen's home, or refusing to do so after entering a citizen's house, shall be sentenced to fixed-term imprisonment of not more than three years. If you smash other people's doors and windows without the permission of the owner, it should be an act of illegally breaking into other people's houses in the eyes of the law.
The nature of the violation is determined by looking at its purpose and state of conduct, and the minor case is illegal, and the serious case is criminalized. 1. If it is for the purpose of entering a dwelling, the crime of trespassing into a dwelling is suspected; 2. If it is causing trouble without cause, it is suspected of the crime of picking quarrels and provoking trouble; 3. If the property is damaged, it is suspected of intentionally destroying public or private property.
Legal basis
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.
Article 14: Intentional crimes are committed intentionally where one clearly knows that one's conduct will have consequences that are harmful to society, and hopes or allows such consequences to occur, thus constituting a crime. Those who commit intentional crimes shall bear criminal responsibility.
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Anonymous users2024-02-15If you smash other people's doors and windows without the permission of the owner, it should be an act of illegally breaking into other people's houses in the eyes of the law.
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Anonymous users2024-02-14It is an act of illegally damaging the property of others.
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Anonymous users2024-02-13Legal analysis: Smashing other people's doors is intentional damage to other people's property, and whether it constitutes a crime should be determined according to the specific circumstances, and the standard for filing a case is to cause a loss of more than 5,000 yuan to public or private property. Where the circumstances are minor and do not constitute a crime, punishment may be given in accordance with the "Public Security Administration Punishment Law".
Legal basis: "Criminal Law of the People's Republic of China" Article 275: The crime of intentional destruction of property refers to the intentional destruction or damage of public or private property, where the amount is relatively large or there are other serious circumstances. Intentional destruction of public or private property, suspected of any of the following circumstances, shall be 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 in stockings and starvation sheds;
4) Other situations where the circumstances are serious.
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Anonymous users2024-02-12Legal Analysis: Smashing other people's doors is intentional damage to other people's property, and whether it constitutes a crime should be determined according to the specific circumstances. Those who 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.
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 not less than 5 days but not more than 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.
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