Traditional Culture Encyclopedia - Hotel reservation - If the hotel is damaged and people have checked out, will they claim compensation?
If the hotel is damaged and people have checked out, will they claim compensation?
It is illegal to destroy hotel property and run away. Hotels should be investigated for public security management and civil liability for compensation according to law. If the amount reaches more than 5,000 yuan, which constitutes a crime, criminal responsibility shall be investigated according to law. Hotels can report cases to public security organs and accept investigations. It's not intentional, it's negligent damage, and it doesn't constitute illegal, but it should take the initiative to compensate, otherwise the hotel has the right to sue in court. The crime of intentionally destroying other people's property, that is, the crime of intentionally destroying property, refers to the act of intentionally destroying or damaging public and private property, with a large amount or other serious circumstances, which constitutes a crime.
The object of the crime of intentionally destroying property is the property owned by the state, unit or others, including real estate and movable property, including property and property interests in a narrow sense. Whether the actor possesses the property or not does not affect the establishment of this crime. However, the destroyed property must be owned by others, and destroying all your own property does not constitute the crime of intentionally destroying property.
Article 49 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment: Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for more than 5 days 10, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Public Security Organs to Jurisdicte Criminal Cases for Filing and Prosecution (1) Article 33 Whoever intentionally destroys property (Article 275 of the Criminal Law) intentionally destroys public or private property and is suspected of any of the following circumstances shall file a case for prosecution:
(1) Causing losses of more than 5,000 yuan to public or private property;
(2) destroying public or private property for more than three times;
(3) Gathering three or more people to openly destroy public or private property;
(4) Other serious circumstances.
Article 275 of the Criminal Law of People's Republic of China (PRC) * * * intentionally destroys public or private property, and if the amount is relatively large or there are other serious circumstances, it 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.
Article 276 Whoever destroys machinery and equipment, mutilates livestock or sabotages production and operation by other means for venting anger, revenge or other personal purposes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
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