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How to Measure the Penalty for the Crime of Destroying Public and Private Finance

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How to Measure the Penalty for the Crime of Destroying Public and Private Finance


        

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  • 2024-06-14 10:01:43

    How to measure punishment for the crime of destroying public and private finance? The punishment for the crime of intentional destruction of property shall be based on the following criteria: 1. If the amount is relatively large (judicial interpretation, more than 5000 yuan; Fujian Province, 10000 yuan to 50000 yuan) or there are other serious circumstances (destruction of public and private property more than three times, or enlisting more than three people to publicly destroy public and private property, etc.), he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; 2、 If the amount is huge (not specified in the judicial interpretation, the amount standard in Fujian Province is more than 50000 yuan) or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. "If the circumstances are especially serious", it refers to destroying personal property and causing others to become insane; Damaging production and operation equipment and facilities, resulting in production suspension or operation suspension, and causing heavy losses; Extremely bad means of destruction; wait. The crime of intentional destruction of property refers to the act of intentionally destroying or damaging public or private property in a relatively large amount or with other serious circumstances. The subject of this crime is a general subject, and any natural person who reaches the age of criminal responsibility and has the capacity for criminal responsibility can constitute this crime. Article 33 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Criteria for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (I) (Case of Intentional Destruction of Property (Article 275 of the Criminal Law)), where public or private property is intentionally destroyed, and one of the following circumstances is suspected, the case shall be filed for prosecution: (I) causing a loss of more than 5000 yuan of public or private property; (2) Destroying public or private property for more than three times; (3) Gathering three or more people to publicly destroy public or private property; (4) Other serious circumstances. Article 275 of the Criminal Law [Crime of Intentional Destruction of Property] Whoever intentionally destroys public or private property, if the amount is relatively large or if 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 if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. In the determination of the crime of intentionally destroying public and private property in Fujian Province, the "relatively large amount" is generally more than 10000 yuan but less than 50000 yuan; The "huge amount" is more than 50000 yuan.

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