How to be convicted of intentionally destroying other people's property?

The scope of conviction for intentionally destroying other people's property is roughly as follows:

1. Whoever intentionally destroys other people's property shall bear civil liability for compensation according to law and may be given administrative penalties for public security; If the amount of property destroyed is relatively large, which may constitute a crime, criminal responsibility shall be investigated according to law.

2. Civil liability: If other people's property is damaged, the infringer needs to compensate the property owner for the loss according to the market price or evaluation price of the property.

3. Administrative responsibility: those who intentionally destroy other people's property may be given administrative detention and fines according to law.

4. Criminal responsibility: intentionally destroying other people's property, with a large amount (more than 5,000 yuan), which constitutes the crime of intentionally destroying property, and shall be punished according to law.

Elements of the crime of intentionally destroying property:

1, 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.

2. Objective factors

Objectively speaking, this crime is manifested in the act of destroying or damaging public and private property, with a large amount or other serious circumstances.

Destruction refers to the loss of value or use value of all items by burning, smashing 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. However, if the perpetrator uses dangerous methods such as arson, breaking water, poisoning, explosion, etc. Those who destroy public or private property and endanger public safety shall be punished as related crimes in the crime of endangering public safety.

3. Main elements

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.

4. Subjective factors

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 crimes of greed. There are various criminal motives, usually out of personal revenge or jealousy. Fire, accidental bursting of water, accidental explosion and negligent destruction of vehicles, traffic equipment, flammable and explosive equipment, radio and television, telecommunications facilities and other crimes are excluded. If there are special provisions in this law, criminal responsibility shall be investigated in accordance with the relevant provisions. Negligent destruction of public and private property does not constitute a crime, but belongs to civil compensation.

legal ground

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting 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.

Article 49 of the Public Security Administration Punishment Law

Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for not less than five days but not more than ten days, and a fine of not more than 500 yuan may be imposed; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.

Article 275 of the Criminal Law of People's Republic of China (PRC)

Crime of Intentional Destruction of Property 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.