Is it necessary to bear criminal responsibility to reach an oral settlement after actively compensating hotel property losses?

Whether it is necessary to bear the criminal responsibility of positive compensation after damaging hotel property needs specific analysis. Whether it constitutes a crime depends on the economic value and quantity of the damage. If the value is less than 5 thousand, criminal responsibility will not be investigated, only civil compensation is needed.

Negligent damage to property does not constitute a crime and does not bear criminal responsibility. Only the intentional destruction of public or private property, with a large amount or other serious circumstances, will constitute the crime of intentional destruction of property and be subject to criminal punishment. Generally, damaged property only needs civil compensation and tort liability. After reaching an oral agreement, it is best to sign a written agreement. If the other party fails to pay compensation, it may bring a suit in a people's court for compensation.

Legal basis:

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.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards of Criminal Cases under the Jurisdiction of Public Security Organs (1)

Thirty-third intentional destruction of public or private property, suspected of one of the following circumstances, should be filed 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 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.