The crime of sabotage of production and management refers to the destruction of machinery and equipment, the mutilation of farm animals, or the sabotage of production and management by other means as a result of anger and revenge or other personal purposes. Production and operation refers to the production and operation activities of the whole society, including state-owned, collective and individual production and operation activities.
The objective aspect of this crime is the destruction of machinery and equipment, the maiming of farm animals, or the destruction of production operations by other methods. Other methods are diverse, such as cutting off the power supply, destruction of boilers, feed lines, reversing the hot and cold supply program, destruction of computers, resulting in the production of command, process confusion to affect industrial production, the destruction of agricultural machinery, irrigation and drainage equipment, agricultural tools, the destruction of seeds, seedlings, saplings, crops, fruit trees, fish fry, etc., destruction of agricultural production; destruction of transportation, storage, affecting the commercial operation, and so on. As for the way, it can be manifested as a positive action, such as smashing, burning, but also can be manifested as a negative inaction, such as knowing that there are faults and do not exclude. But regardless of the way, how the means used, the object of destruction must be directly linked with the production and management activities, the destruction of production tools used for production and management, production processes, production objects and so on. In the case of the destruction of machinery and equipment not used or in storage, grain and fruit that have been harvested and not used for processing and production, and the mutilation of meat animals for sale that have been deprived of animal husbandry, they cannot constitute the crime because they are not directly linked to the production and business activities. If it constitutes a crime, it shall be punished by conviction for other crimes such as intentional destruction of property.
Legal Basis
Article 276 of the Criminal Law of the People's Republic of China
Whoever destroys machinery and equipment, mutilates farm animals, or disrupts the production and operation in other ways due to anger and retaliation, or for any other personal purpose, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or control; and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. or more than seven years' fixed-term imprisonment.
Article 34 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Criteria for Filing Criminal Cases under the Jurisdiction of the Public Security Organs (1)
If a person destroys machinery and equipment, mutilates farm animals, or disrupts the production and operation of a business in other ways due to the venting of anger and retaliation, or for any other personal purpose, he or she is suspected of one of the following cases, then he or she shall be charged with the crime of pursuing the case:
(1) Causing a loss of more than 5,000 yuan of property, whether public or private
(a) causing damage to public and private property of more than five thousand yuan;
(b) destroying the production and operation of more than three times;
(c) gathering more than three people to openly destroy the production and operation;
(d) other destruction of the production and operation of the circumstances should be investigated for criminal responsibility.