Criteria for filing a case for damaging other people's property

Today, I will tell you about the filing standards for damaging other people's property.

I received such a consultation: there was an owner named Zhang San who parked his car in the parking space of his neighbor Wang Wu and didn't buy a parking space. Wang Wu, a neighbor, complained to the property because he was unwilling. In a rage, Zhang San secretly broke the rearview mirror of Wang Wuyi's private car and smashed other people's headlights. According to the appraisal, the loss of Wu Wang is as high as 20,000 yuan. Does that Zhang San constitute the crime of vandalism? The answer is composition, because according to the law, if the actor intentionally damages other people's property and is suspected of one of the following four situations, he should file a case for prosecution:

1, resulting in property losses of others amounting to more than 5,000 yuan;

2, damage to other people's property for more than 3 times;

3. Convene more than 3 people to openly damage other people's property;

4. Other serious circumstances occur.

Whoever commits the crime of intentionally destroying property shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine according to law; Anyone suspected of a huge amount or other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years according to law.

Article 275 of the Criminal Law of People's Republic of China (PRC) is the crime of intentionally destroying 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.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs (I) Article 33.

Intentional destruction of public or private property, suspected of one of the following circumstances, should be filed 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.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.