Someone else's car has occupied my parking space. Can I smash someone else's car? What will happen if it is smashed? Will you go to jail?

Be sure to be with someone else. You don't have to go to jail. Someone else has occupied your parking space. You can call 1 10 to report the license plate number of the other party to the police. The police will notify the owner Never do anything stupid to smash a car. You had better not do it. It is wrong for others to occupy your parking space, but because you smashed the car that occupied the parking space, you deliberately damaged other people's property. Originally, I belonged to the victim whose interests were infringed, but as a result, I became a lawbreaker, and the loss outweighed the gain.

Legal analysis

If someone else occupies the parking space and can't contact the owner, you can find the property to deal with it. If the occupier is found, he can be asked to pay the fee. The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. If violence is used against violence, it is definitely wrong, and you both have to bear legal responsibility. The other party's beating has violated the public security administration punishment law, and will be fined and detained for less than 15 days. If it causes minor injuries, criminal responsibility should also be investigated. Your act of smashing a car is a deliberate destruction of finance, and it also violates the Law on Public Security Administration Punishment. You should be fined and detained 15 days or less. If the amount is relatively large, it constitutes the crime of intentionally destroying property, and you should be investigated for criminal responsibility. In civil matters, the other party may be required to bear the victim's medical expenses, nursing expenses, nutrition expenses, lost time, transportation expenses and other expenses. You need to compensate for the property damage caused by the other party's vehicle.

legal ground

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 26 Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; 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: (1) gathering people to fight; (2) Chasing or intercepting others; (three) extortion or arbitrary damage, embezzlement of public or private property; (4) Other provocative acts.

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.

"Regulations on Property Management" Article 45 A property service enterprise shall stop acts that violate laws and regulations such as public security, environmental protection, property decoration and use within the property management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.