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Deliberate destruction of property and public security management punishment law
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.
It is a crime to intentionally destroy other people's property, if the amount is large or the circumstances are serious. Therefore, whether the amount is large or the circumstances are serious is the boundary between crime and non-crime.
Generally, intentional destruction of other people's property will have the following situations:
1 does not constitute a crime. Deliberately destroying public or private property, with a small amount and minor circumstances, is a general illegal act and does not constitute a crime. Should be detained and fined in accordance with Article 49 of the Regulations on Administrative Penalties for Public Security. "
2. This constitutes a criminal offence. Deliberately destroying public or private property is a crime if the circumstances are serious or the amount is large. Then "serious circumstances" here generally refers to destroying or damaging important items, causing serious losses; The means of destroying or damaging public or private property is particularly bad; Out of the motive of framing others, etc. "Large amount" is generally between 1 10,000 and 50,000; The "huge amount" is more than 50,000 yuan.
3. If it constitutes a crime, it is suspected of intentionally destroying property.
Legal basis:
Article 275 of the Criminal Law of People's Republic of China (PRC) stipulates that the crime of intentionally destroying property refers to the intentional destruction of public or private property. If the amount is large or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or 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.
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