1. According to the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (I)
Article 33 Whoever intentionally destroys public or private property and is suspected of any of the following circumstances shall file a case for prosecution:
(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.
2. According to Article 275 of the Criminal Law of People's Republic of China (PRC):
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. Whoever intentionally destroys public or private property, if the amount is huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
In addition, if the intentional destruction of other people's property constitutes a crime, it will also bear civil liability for compensation. According to the first paragraph of Article 36 of the Criminal Law of People's Republic of China (PRC):
If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and compensation for economic losses according to the circumstances.
Extended data:
First, because the criminal law of our country does not clearly stipulate the amount of the crime of intentionally destroying property, the standards in implementation vary from place to place. In the determination of the crime of deliberately destroying public or private property in Fujian Province, "a large amount" is generally more than 10 thousand yuan but less than 50 thousand yuan; The "huge amount" is more than 50,000 yuan.
Commit the crime of sabotage.
(1) If the amount is relatively large (the standard in Fujian Province is 1 10,000-50,000 yuan) 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;
(2) If the amount is huge (the standard amount in Fujian Province is more than 50,000 yuan) or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
"The circumstances are particularly serious" refers to the destruction of personal property and the mental disorder of others; Destruction of production and operation equipment and facilities, resulting in suspension of production or business, resulting in heavy losses; Extremely bad means of destruction; Wait a minute.
Second, the determination of the crime of intentional destruction of property
(1) The boundary between this crime and non-crime
According to the provisions of this article, it is a crime to intentionally destroy public or private property in a large amount or if the circumstances are serious. Therefore, whether the amount is large or the circumstances are serious is the boundary between crime and non-crime.
Intentionally destroying public or private property, if the amount is small and the circumstances are minor, is a general illegal act, and shall be detained or given a warning in accordance with the regulations on administrative penalties for public security, and shall also be fined or ordered to compensate for the losses.
The so-called "serious circumstances" generally refers to the destruction or damage of important items, resulting in serious losses; The means of destroying or damaging public or private property is particularly bad; Out of the motive of framing others, etc.
(2) the boundary between this crime and other crimes
The difference between this crime and the crime of endangering public safety such as destroying means of transportation, transportation equipment, inflammable and explosive equipment and communication equipment, and the crime of destroying production and business operation in the crime of destroying socialist economic order lies in.
The latter destroys specific property and infringes on other independent objects. If this Law has otherwise stipulated that a person is guilty, he shall only be convicted and punished in accordance with the relevant provisions of this Law.
Baidu Encyclopedia-the Supreme People's Procuratorate and the Ministry of Public Security on criminal cases under the jurisdiction of public security organs
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law