Legal analysis
Deliberately damaging other people's property more than 5 thousand. If it reaches 10 thousand, it constitutes the crime of deliberately destroying property. Suspected criminal cases can not be solved by detention, and will be sentenced to fixed-term imprisonment. Those who fail to reach 1 10,000 shall be detained for less than 15 days due to insufficient criminal punishment. 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. The criminal behavior in the crime of intentionally destroying property is usually caused by some practical reasons. The perpetrator may be out of revenge, jealousy or other similar targeted psychological attitude towards the owner of the property, and the purpose of the crime is to destroy the property and cause the loss of all the property. 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. The crime of intentionally destroying property refers to the loss of value or use value of all items by burning or smashing; 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. Intentionally destroying public or private property, if the circumstances are minor, is a general violation of public security management.
legal ground
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; 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.
Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Whoever steals, swindles, robs, robs, extorts or intentionally damages 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.