1. Whether smashing someone else’s car is a criminal case needs to be determined based on the amount of damage. They are:
(1) Smashing someone else's car, the amount of loss is less than 5,000 yuan, does not constitute a crime, it is not a criminal case;
(2) Smashing someone else's car, the loss is less than 5,000 yuan If the amount exceeds 5,000 yuan, it shall be deemed a criminal case and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine.
2. Legal basis: Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China".
Whoever 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; if the circumstances are serious, the person shall be sentenced to not less than 10 days but not more than 15 days. Detention for not more than 10 days and a fine of not more than 1,000 yuan may be imposed.
Article 275 of the "Criminal Law of the People's Republic of China"
The crime of intentional destruction of property. If the amount is relatively large or there are other serious circumstances, the crime of intentional destruction of public or private property shall be punished by a sentence of not more than three years. Fixed-term imprisonment, criminal detention or a fine; if the amount is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
2. What are the constituent elements of the crime of intentional destruction of property?
1. Object element. The object of the crime of intentional destruction of property is the ownership of public or private property. The object of crime can be various forms of public and private property, including means of production and means of living; movable property, immovable property, etc. However, if the perpetrator intentionally destroys specific property that is otherwise stipulated and endangers other object elements, it shall be handled in accordance with the relevant regulations;
2. Objective factors. The crime of intentional destruction of property objectively manifests itself as destruction, or the destruction of public or private property in a relatively large amount or with other serious circumstances. Destruction refers to making all items lose their value or use value through burning, crushing, etc.; damage refers to the partial loss of their value or use value. There are many ways to destroy public and private property;
3. Main elements. The subject of the crime of intentional destruction of property is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can commit the crime of intentional destruction of property.
4. Subjective factors. The crime of intentional destruction of property is subjectively intentional. The purpose of crime is not to illegally acquire property but to destroy it. This is the fundamental difference between the crime of destroying property and other corruption crimes. Motives for crimes vary, often stemming from personal revenge or jealousy.