Whether the amount is relatively large or the circumstances are serious, is the boundary between the crime of intentional destruction of property and the non-crime. Intentional destruction of public or private property, where the amount is relatively small and the circumstances are relatively minor, is a general illegal act and may generally be exempted from criminal detention and punished with a fine. Anyone who intentionally destroys public or private property and is suspected of one of the following circumstances shall be prosecuted:
(1) Causing losses of more than 5,000 yuan to public or private property;
(2) Destroying public or private property More than three times;
(3) Gathering a crowd of three or more people and openly destroying public and private property;
(4) Other serious circumstances.
If the perpetrator intentionally damages public telecommunications facilities that are in use without endangering public safety, or intentionally damages public telecommunications facilities that have not yet been put into use, causing property losses and constituting a crime, he shall be charged with intentional destruction of property in accordance with relevant regulations. Conviction and punishment. The perpetrator deliberately damaged public telecommunications facilities but did not endanger public safety and cannot be convicted and punished for the crime of damaging public telecommunications facilities. But if the value of his property damage reaches a criminal level, he should be convicted and punished for the crime of intentional destruction of property. In practice, intentional destruction of optical cables, electrical cables and other public telecommunications facilities does not endanger public safety. However, if the value of the telecommunications facilities is relatively high and the amount of losses caused is relatively large, it constitutes the crime of intentional destruction of property.
The difference between the crime of intentional destruction of property and the crime of illegal logging and destruction of nationally protected plants is as follows:
(1) The objects of the crime are different. The object of the crime of stealing and destroying precious plants can only be precious plants, while the object of the crime of intentional destruction of property can be any public or private property;
(2) The main elements are different. The subject of the crime of stealing and destroying precious plants can be a natural person or an entity, while the subject of the crime of intentional destruction of property can only be a natural person, and an entity is not the subject of the crime;
(3) The objective requirements are different. The perpetrator of the crime of illegally logging and destroying precious plants can constitute a crime as long as he commits the crime of illegally logging and destroying precious plants. The perpetrator of the crime of intentional destruction of property must not only destroy public and private property, but also meet a certain amount and circumstances. , can constitute a crime.
Article 275 of the "Criminal Law of the People's Republic of China" refers to the crime of intentional destruction of public or private property. If the amount is relatively large or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; If the crime 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.