(a) theft, fraud, robbing a small amount of public or private property;
(two) looting the state, collective and individual property;
(3) extorting public or private property;
(4) Deliberately damaging public or private property.
Article 275 of the Criminal Law, 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.
The amount in the criminal law is more than 5,000 yuan, and the Public Security Administration Punishment Law applies to all the following amounts.
Elements of the crime of intentionally destroying property
Object element
The object of this crime is the ownership of public and private property.
The object of crime can be various forms of public and private property, including means of production and means of subsistence; Movable property, real estate and so on. However, if the actor intentionally destroys specific property as otherwise stipulated in this Law and endangers other object elements, it shall be handled in accordance with the relevant provisions of this Law. For example, damage to vehicles, transportation equipment, inflammable and explosive equipment, radio and television, telecommunications facilities, etc. Those who endanger public security shall be punished in accordance with the relevant crimes in Chapter II of the Specific Provisions of this Law.
Objective elements
Objectively, this crime is manifested as the act of destroying or damaging public and private property, which is relatively large or has other serious circumstances.
Destruction refers to the loss of value or use value of all items by burning, crushing and other methods; Damage refers to the partial loss of its value or use value. There are many ways to destroy public and private property. But if the perpetrator uses dangerous methods such as arson, water inrush, poisoning and explosion. Whoever destroys public or private property and endangers public safety shall be punished with the relevant charges in the crime of endangering public safety.
Intentionally destroying public or private property must reach a large amount or have other serious circumstances before it constitutes a crime. The so-called serious circumstances refer to the destruction of important items, with serious losses and particularly bad means of destruction; Destroying urgently needed articles, resulting in serious consequences; Despicable motives, attempts to frame others, and so on. Deliberately destroying public or private property, if the circumstances are relatively minor, is a general violation of public security management. According to Article 23 of the Regulations on Administrative Penalties for Public Security, 200 yuan may be detained or given a warning 15 days, and may be fined alone or concurrently. At the same time, according to the provisions of Article 8 of the Regulations, the actor shall be ordered to compensate for the losses. The subject of crime is the general subject. People who have reached the age of 16 commit this crime and should bear criminal responsibility.
Theme element
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.
subjective factor
Subjectively, this crime is intentional. The purpose of crime is not to illegally acquire property, but to destroy it. This is an invasion
The fundamental difference between the crime of destroying property and other corruption crimes. Criminal motives are varied, usually out of personal revenge or jealousy. Except for crimes such as fire, accidental water inrush, accidental explosion and negligent destruction of vehicles, traffic equipment, inflammable and explosive equipment, radio and television, telecommunications facilities, etc. If there are special provisions in this law, criminal responsibility shall be investigated in accordance with the relevant provisions. Whoever negligently destroys public or private property does not constitute a crime, but belongs to the issue of civil compensation. Huai 'an Lawyer/Huaan