Article 49 of the Law on Public Security Administration Punishment: Anyone who steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for more than five days and less than ten days, and may also be fined less than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Article 275 of the Criminal Law Crime of Intentional Destruction of Property 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.
Extended data
Case:
Parked in the public parking space of the community, the Mercedes-Benz car that I just bought for two days turned into a "painting cat", and four doors and rear compartment covers were scratched. Hong, the murderer, is a neighbor of the same community. He scratched the luxury car with his key because his common public parking space was "occupied" by the car. Yesterday, Jinjiang Xiyuan Police Station introduced that Hongmou compensated the Mercedes-Benz owner for a loss of 9,300 yuan and obtained the other party's understanding.
According to the police, Mr. Lin lives in Shuangshuiwan Community of Wangsuo, Xiyuan Street, Jinjiang. At 6 o'clock on the evening of February 28, when he went to the underground garage of the community to prepare to drive out, he was depressed to find that his Mercedes-Benz E300L sedan was scratched, and four doors and rear compartment covers were scratched. The car has just been bought for two days, and the price of the car is also 500,000 to 600,000. Inexplicably turned into a flower face, which can't help but make people popular.
Mr. Lin thought that there had never been an argument with anyone recently, and all four doors and car covers were scratched, which was very expensive to maintain. Who did this? With questions, Mr. Lin reported the police to Xiyuan Police Station.
After investigation and interview, the police determined that the suspect was Hong (male, 33 years old) and lived in a community with Mr. Lin. "In the surveillance video, the suspect walked very awkwardly and was very close to the Mercedes-Benz." On March 9, Hongmou was summoned to Xiyuan Police Station for review.
"I didn't buy a parking space. That parking space is also a public parking space, first come, first served. It's just that I usually park my car in that parking space when I go home. In the middle of the night (3 am on February 28th), I drove into the underground garage and saw that the parking space was occupied by others. I had no place to park, and I was very angry, so I took the car keys and scraped the car. " Hongmou admitted to the police that he scratched Mr. Lin's car on a whim and regretted his irrational behavior.
After mediation by the police, Hongmou apologized to Mr. Lin and compensated for the repair cost of 9300 yuan. Mr. Lin accepted and the two sides reached a settlement.
According to the police, citizens' legitimate property is protected by law, and it is forbidden for others to occupy or destroy it. In this case, the value of the loss caused by Hong's reckless behavior is close to the standard of criminal filing, and such reckless behavior is unacceptable.
Lawyer Zhang Chuanjiang, the legal adviser of Morning Post, said that Hongmou's behavior was illegal and he was suspected of intentionally damaging public and private property. If the public security organ determines that he can't meet the standard of criminal punishment, he shall be punished according to the Law on Public Security Administration Punishment, and may also be detained and fined. In Fujian Province, whoever intentionally destroys public or private property, resulting in a loss of more than 6,543,800 yuan, meets the conditions of criminal cases. According to the criminal law, it can be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine.
Lawyer Zhang Chuanjiang said that because the amount of the crime of intentionally destroying property is not clearly defined in China's criminal law, the standards in implementation vary from place to place. In the determination of the crime of intentionally destroying public and private property in Fujian Province, "a large amount" is generally more than 1 10,000 yuan but less than 50,000 yuan; The "huge amount" is more than 50,000 yuan.
People's Daily Online-A man in Jinjiang paid 9300 yuan for scratching his parking space.