How to compensate the owner for the losses caused by illegally impounding the vehicle;
The standard of compensation is the loss during the outage period. The standard can refer to your business income in the previous six months. If you cannot prove it, you can refer to the local transportation industry income standards of the previous year. The provincial statistics department produces a report on the income of various industries every year, and the standards are based on the industries in the report.
What to do if a vehicle is illegally detained?
In order to maintain the socialist economic order, public security organs should punish in accordance with the law and resolutely prevent parties to economic disputes from illegally detaining motor vehicles owned by third parties that have nothing to do with economic disputes; the perpetrators shall be punished according to different circumstances, and the detained The vehicle shall be returned to the owner or user unconditionally.
1. Unreasonable interception or forcible boarding of a moving vehicle, if the circumstances are minor and do not warrant criminal punishment, shall be punished in accordance with the provisions of Article 27, Item 4 of the "Regulations on Public Security Administration Punishments" (Note on this blog) : Corresponding to Article 23, Paragraph 1, Item 4 of the "Public Security Administration Punishment Law"); If the person is ordered to continue to be detained by the public security organ, he will be held criminally responsible for the crime of disrupting traffic order in accordance with Article 159 of the Criminal Law.
2. If someone seizes another person’s vehicle by deceptive means, and the circumstances are minor and not enough for criminal punishment, he shall be punished in accordance with the provisions of Article 24, Item 5 of the "Regulations on Public Security Administration Punishments" (Note on this blog: Corresponds to the "Public Security Administration Punishment Regulations") Article 64, Paragraph 1 of the Administrative Punishment Law). If the public security organ orders the return of a detained vehicle and refuses to do so, criminal liability will be pursued in accordance with the provisions of Articles 151 and 152 of the Criminal Law.
3. Anyone who robs another person’s vehicle by means of violence or coercion shall be held criminally responsible in accordance with the provisions of Article 1 of the Criminal Law on the crime of one hundred and fifty robbery.
4. Anyone who illegally seizes other people’s vehicles and extorts them shall be held criminally responsible in accordance with Article 154 of the Criminal Law.
In addition to the above penalties, if the detained vehicle is damaged, the illegally detained person shall be responsible for compensation.
If you still have legal questions about compensation for illegally seized vehicles, or want to seek help from a lawyer in a similar incident, you can consult our lawyers online.
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