It should be judged according to the specific situation. Because the amount of intentional destruction of public or private property is relatively large or the circumstances are serious, it is a criminal case, such as:
(1) Causing losses of more than 5,000 yuan to public or private property;
(2) destroying public or private property for more than three times;
(3) Gathering three or more people to openly destroy public or private property;
(4) Other serious circumstances.
If the amount is relatively large or there are other serious circumstances, he 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.
Intentionally destroying public or private property, which is relatively small in amount and minor in circumstances, is a general illegal act, and should be in accordance with the provisions of Article 49 of the Law on Public Security Administration Punishment: those who steal, cheat, plunder, extort or intentionally destroy 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.
The difference between the crime of vandalism and the crime of stirring up trouble.
1. The infringed objects are different. The object of the crime of deliberately destroying property is limited to the ownership of public and private property, while the object of the crime of stirring up trouble is public order.
2. The objective differences of infringement. The crime of intentional destruction of property is objectively manifested as the act of destroying or damaging public and private property, with a large amount or other serious circumstances. The crime of stirring up trouble is mainly manifested in beating him at will, chasing, intercepting, insulting others, extortion, or arbitrarily damaging or occupying public and private property.
3. The content of subjective intention is different. The crime of vandalism and the crime of stirring up trouble are both intentional crimes, but the intentional contents are different. The former aims at destroying public and private property, while the latter only takes destroying public and private property as one of the means to achieve the purpose of seeking spiritual stimulation, filling spiritual emptiness, flouting national laws and social morality and destroying social order.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 275 of the Criminal Law of People's Republic of China (PRC) * * * intentionally destroys public or private property, and if the amount is relatively large or there are other serious circumstances, it 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.