What is the crime of drunkenness disturbing the hotel business premises and smashing hotel items, and how to sentence it?

Drunk disturbing the hotel business premises and smashing hotel articles may constitute the crime of intentionally destroying property, and the sentencing standard is mainly determined according to the economic value of the damage.

Legal analysis

Drunkenness disturbing hotel premises and smashing hotel articles will be suspected of intentional destruction of property. The object of this crime is the ownership of public and private property. The object of crime can be various forms of public and private property, including means of production and means of subsistence; Movable property, real estate and so on. Objectively, this crime is manifested as the act of destroying or damaging public and private property, which is relatively large or has other serious circumstances. The crime of intentionally destroying property refers to the loss of value or use value of all items by burning or smashing; Damage refers to the partial loss of its value or use value. There are many ways to destroy public and private property. But if the perpetrator uses dangerous methods such as arson, water inrush, poisoning and explosion. Whoever destroys public or private property and endangers public safety shall be punished with the relevant charges in the crime of endangering public safety. Intentionally destroying public or private property must reach a large amount or have other serious circumstances before it constitutes a crime. The so-called serious circumstances refer to the destruction of important items, with serious losses and particularly bad means of destruction; Destroying urgently needed articles, resulting in serious consequences; Despicable motives, attempts to frame others, and so on. Intentionally destroying public or private property, if the circumstances are minor, is a general violation of public security management. The subject of crime is the general subject. People who have reached the age of 16 commit this crime and should bear criminal responsibility. The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime.

legal ground

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 five days and less than ten days, and may also be fined less than 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.