As the judicial interpretation of laws and regulations changes every year, lawyer Su Yifei will update the sentencing standard of this crime once a year on this website page:
(2008) 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 (1)
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.
(2020) Guiding opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on handling the crime of "touching porcelain" according to law.
Five, the implementation of "touching porcelain", deliberately causing the destruction of other people's property, in line with the provisions of Article 275 of the Criminal Law, convicted and punished for the crime of intentional destruction of property.
(2005) Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Disrupting Public Telecommunication Facilities.
Article 3 Whoever intentionally destroys public telecommunication facilities in use without endangering public safety, or intentionally destroys public telecommunication facilities that have not been put into use, thus causing property losses and constituting a crime, shall be convicted and punished for the crime of intentionally destroying property in accordance with the provisions of Article 275 of the Criminal Law.
(20 1 1) the Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of damaging radio and television facilities.
Article 6 Whoever destroys the radio and television facilities in use without endangering public safety, or intentionally destroys the radio and television facilities that have not been put into use, resulting in a large amount of property losses or other serious circumstances, shall be convicted and punished for the crime of intentionally destroying property.
(2020) Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Handling Criminal Cases Related to Well Covers.
4. Whoever steals a manhole cover in a place other than the places specified in Articles 1 and 2 of this opinion does not belong to the circumstances specified in Article 3 of this opinion, and the amount is relatively large, or has been stolen for many times, shall be convicted and punished for theft in accordance with the provisions of Article 264 of the Criminal Law.
Intentionally destroying manhole covers in places other than those specified in Articles 1 and 2 of this opinion does not belong to the circumstances specified in Article 3 of this opinion, and the amount is relatively large or there are other serious circumstances. In accordance with the provisions of Article 275 of the Criminal Law, he shall be convicted and punished for the crime of intentionally destroying property.
Five, in the production and operation, in violation of the relevant provisions of safety management, unauthorized removal of manhole covers or failure to take safety protection measures. , causing heavy casualties or other serious consequences, in accordance with the provisions of the first paragraph of Article 134 of the Criminal Law, convicted and punished for the crime of major accidents.
Where the construction, design, construction and engineering supervision units of manhole covers violate the provisions of the state and lower the engineering quality standards, thus causing major safety accidents, they shall be convicted and punished for the crime of major engineering safety accidents in accordance with the provisions of Article 137 of the Criminal Law.
Six, the production of manhole covers that do not meet the national standards and industry standards for the protection of personal and property safety, or the sale of manhole covers that knowingly do not meet the national standards and industry standards for the protection of personal and property safety, resulting in serious consequences, shall be convicted and punished for the crime of producing and selling products that do not meet the safety standards in accordance with the provisions of Article 146 of the Criminal Law.
7. Whoever conceals, transfers, sells, sells or conceals by other means knowing or should know that it is the manhole cover obtained by theft, shall be convicted and punished in accordance with the provisions of Article 312 of the Criminal Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Criminal Cases of Concealing or Concealing the Proceeds of Crime and the Proceeds of Crime.
Eight, in the process of manhole cover procurement, construction, acceptance, use, inspection, responsible for decision-making, management, supervision and other duties of state organs staff dereliction of duty or abuse of power, resulting in heavy losses to public property, the interests of the state and the people, in accordance with the provisions of Article 397 of the Criminal Law, were convicted and punished for dereliction of duty and abuse of power.
Nine, in accordance with the provisions of laws, regulations, companies, enterprises and institutions engaged in official duties, and entrusted by state organs to exercise manhole cover management authority on behalf of state organs engaged in official duties, dereliction of duty or abuse of power, resulting in heavy losses to public property, the state and people's interests, in accordance with Article 397 of the Criminal Law and the NPC Standing Committee on.
Ten, other companies, enterprises and institutions responsible for the management of manhole covers staff, serious irresponsibility, resulting in accidents such as people falling into the well, causing serious injury or death, in line with the provisions of Article 235 and Article 233 of the Criminal Law, respectively, for the crime of causing serious injury and the crime of causing death through negligence.
1 1. Where a functionary of a state organ takes advantage of his position to accept other people's property and seek benefits related to the manhole cover for others, and at the same time constitutes the crime of accepting bribes and dereliction of duty as stipulated in Chapter IX of the Specific Provisions of the Criminal Law, unless otherwise stipulated in the Criminal Law, he shall be punished with several crimes of accepting bribes and dereliction of duty.
Twelve, the manhole covers mentioned in this opinion include urban, urban and rural manhole covers and other manhole covers.
(20 15) Rules for determining the price of damaged property.
Article 9 The loss price of completely damaged property can be determined by deducting the damaged residual value from the price before the property is damaged.
Calculation formula: loss price = price before property damage-residual value.
Article 10 The loss price of some damaged property can be determined by the method of revising the repair cost, that is, on the basis of the normal and reasonable repair cost required for repairing the basic function and appearance of the damaged property, the difference factors between the repaired property and the damaged property are analyzed, and the loss price is determined after revision.
Calculation formula: loss price = maintenance cost plus or minus correction value-residual value.
Repair cost = replacement price of main materials+price of auxiliary materials+working hours+other expenses.
Eleventh local repair conditions are not available, the repair costs are determined according to the market price of the adjacent repair conditions.
Article 12 Where the original price of the materials used cannot be obtained in the local market, it shall be determined according to the price of the substitute materials or the materials in the neighboring markets.
Thirteenth in the actual repair process, the cost of handling and cleaning the damaged property is not included in the loss price, and if the case-handling organ has special requirements, it should be listed and explained separately in the conclusion of price determination.
(20 12) Law on Public Security Administration Punishment
Ninth public security organs can mediate and deal with minor violations of public security management caused by civil disputes, such as fighting and damaging other people's property. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
Article 37 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(a) without approval, the installation and use of power grid, or the installation and use of power grid does not meet the safety requirements;
(2) There are no shelters, fences and warning signs in ditches, wells and holes where vehicles and pedestrians pass during construction, or the shelters, fences and warning signs are intentionally damaged or moved;
(three) theft, damage to road manhole covers, lighting and other public facilities.
Article 49 Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more 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.