NEWS
NEWS
The man smashed the elevator lawyer because the battery car could not enter the car: he has violated the law and can be sentenced to a maximum of 7 years in prison.
2024-05-14
author：
Page view：
The man smashed the elevator lawyer because the battery car could not enter the car: he has violated the law and can be sentenced to a maximum of 7 years in prison.
On July 21, a monitor filmed a man damaging the elevator.
It is reported that the man rode a battery car into the elevator and was given a voice prompt by the elevator, "for the safety of you and others, please do not drive the battery car into the elevator". After the man parked the car, he smashed the elevator car with a flowerpot and a fire extinguisher, and the scene was messy. After the video was released on the Internet, it caused the anger of the majority of netizens, who said that the man should be severely punished. On July 25, the community property responded that the original intention of releasing the video was to let the owners know the cause of the elevator damage. Someone damaged the elevator, and the man who damaged the elevator has been administratively detained.
Source of the above screenshot: tremolo platform
As to whether the man is suspected of breaking the law, what will be the most severe legal punishment? This website interviewed Liu Junli, a senior partner of Beijing Dehe Heng Law Firm.
Liu Junli said that the man's behavior of smashing the elevator car at will is definitely illegal. As for whether to reach the degree of crime also need to be determined according to the loss of the elevator. If the loss caused by smashing reaches more than 5000 yuan, it is suspected 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Liu Junli explained that for the situation in the video, the local public security organ should first detain the man to find out whether the man's behavior was punished by public security management or reached the level of the crime of intentionally destroying property. Secondly, if the man's behavior does not meet the filing standard for the crime of intentionally destroying property, the local public security organ may punish the man in accordance with the Public Security Administration punishment Law, detain him and impose a fine, and may be detained for up to 15 days and fined less than 1000 yuan. If the man's behavior reaches the level of the crime of intentional destruction of property, the local public security organ will file a case for the crime of intentional destruction of property, and after the investigation is completed, it will be transferred to the procuratorate for examination and prosecution. If the court finally finds that the man constitutes the crime of intentional destruction of property, he will be sentenced in combination with the facts of the crime and the relevant provisions of the Criminal Law.
Liu Junli also stated that the surrender is a mitigating circumstance expressly stipulated in the "Public Security Administration Punishment Law" and the "Criminal Law. If the man does not voluntarily surrender, but is captured after exposure, the most serious consequence may be to be sentenced to three years in prison; if the man can voluntarily surrender to the public security organs, he has the opportunity to be given a lighter punishment.
"Of course, the elevator car is the property of all the owners of the building. In addition to criminal liability, the man still needs to bear civil liability for the losses caused by the elevator car. According to the Civil Code, the elevator belongs to the common finance of all the owners of the building, and the man's destruction of the elevator car is an infringement of the property rights of others and must bear the losses caused to the owner of the building, including the cost of elevator maintenance." Liu Junli said.
Elevator is a kind of special equipment, which is closely related to the lives of ordinary people, and is supervised by the market supervision and management department. Finally, this website also reminds us not to destroy the elevator, otherwise you may be punished by law for breaking the law.
Source: China Quality News
If there is infringement, contact Li delete
Keywords:
AVIC Elevator Equipment, AVIC Elevator, Elevator Sales, AVIC Elevator Sales, Elevator Maintenance
Contact us
Address: Emei Mountain Road, Gaoping Industrial Park, Huichuan District, Zunyi City
Public account
Mobile terminal
Copyright © 2024 CHINA AVIATION GUIZHOU ELEVATOR CO.,LTD All Rights Reserved