Deliberate damage to public and private property filing standards

The criteria for filing a case of intentional destruction of public or private property are as follows:

1, causing losses of public and private property of more than 5,000 yuan;

2. Destroying public or private property for more than three times;

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

4. Other serious circumstances.

The sentencing standards for intentionally destroying public or private property are as follows:

1. Whoever intentionally destroys public or private property, with a relatively large amount or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine;

2. If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

The elements of deliberate destruction of public and private property are as follows:

1. Object elements: the object of the crime of intentionally destroying public and private property is the ownership of public and private property;

2. objective elements: objectively, it is an act of destroying or damaging public or private property, with a large amount or other serious circumstances;

3. Subject elements: the subject is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute the crime of intentionally destroying public or private property;

4. Subjective elements: subjectively, it is intentional. The purpose of crime is not to illegally acquire property, but to destroy it.

Legal basis:

Criminal law of the people's Republic of China

Article 14

Knowing that one's actions will have harmful consequences to society, and hoping or letting such consequences happen, which constitutes a crime, is intentional crime.

Whoever intentionally commits a crime shall bear criminal responsibility.

Article 275

Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 26

Anyone who commits one of the following acts shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:

Gang fighting;

(2) Chasing or intercepting others;

(three) extortion or arbitrary damage, embezzlement of public or private property;

(4) Other provocative acts.