Criteria for filing the crime of destroying public facilities

The criteria for filing the crime of intentionally damaging public facilities are as follows:

1, deliberately destroying urban public facilities, causing losses of public and private property of more than 5,000 yuan;

2. Destroying public or private property for more than three times;

3. Gathering more than three people to openly destroy public or private property;

4. Other serious circumstances. Punished for the crime of intentionally destroying property, and investigated for criminal responsibility according to law.

Ownership and scope of intentional damage to public facilities in residential areas;

1. Deliberately damaging public facilities in the community is a violation of public security management punishment;

2. Public facilities refer to public buildings or equipment provided by the government or other social organizations for public use or enjoyment. According to the characteristics of specific projects, it can be divided into education, health care, culture and entertainment, transportation, sports, social welfare and security, administration and community services, post and telecommunications and commercial and financial services.

Provisions on penalties for intentional damage to public and private property:

1. The sentencing of the crime of intentionally destroying property is related to the amount of property destroyed. 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;

2. 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.

To sum up, deliberately damaging the public facilities in the community is a violation of public security management punishment. The standard for filing the crime of intentional damage to public facilities is intentional damage, resulting in more than 500 losses of public and private property and more than three times of damage to public and private property. And impose a detention of not more than 5 days or a fine of not more than 500 yuan.

Legal basis:

Article 23 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security

Whoever commits one of the following violations of public or private property, which is not serious enough for criminal punishment, shall be detained for not more than fifteen days or given a warning, and may also be fined not more than two hundred yuan:

(a) theft, fraud, robbing a small amount of public or private property;

(two) looting the state, collective and individual property;

(3) extorting public or private property;

(4) Deliberately damaging public or private property.

(5) intentionally damaging street lamps, posting boxes, public telephones or other public facilities, but not serious enough for criminal punishment.

Article 275 of the Criminal Law of People's Republic of China (PRC)

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.