The junior high school student smashed the car first and then set it on fire, and the owner wanted to cry without tears, can the law support her? Was it unintentional or deliberate?
(Information source: 2024-06-24 16:40 · Zero Degree Times Review Woman said that the car was maliciously damaged by four junior high school students, and the vehicle was burned two days after the case was filed Lawyer: It may constitute arson!) Web Links)
Ms. Du, who was running errands outside, suddenly received a call from a friend, saying that her car was smashed, and her heart was instantly raised to her throat. Without thinking much about it, she immediately contacted her husband, who was near the parking place of the vehicle, and asked him to hurry up and check the situation.
The childish child, while swallowing clouds and spitting fog, smashed his car unscrupulously, with a playful smile on his face, Ms. Du's car was already unrecognizable at this time.
The car was scarred and the contents were scattered all over the place, and the children sat in the car in a grand manner, scribbling on the roof of the car with spray paint.
The angry husband grabbed the three children, and they simply admitted the fact of smashing the car, and confessed that there was also an accomplice, all four of whom were second-year students at a nearby school.
After contacting the parents of the four students, Ms. Du made a claim for 20,000 yuan in compensation, after all, the vehicle was seriously damaged, not only the front windshield needed to be replaced, but also the roof, sheet metal, and spray paint needed to be repaired, which was not a small amount.
The other party's parents were only willing to pay 10,000 yuan, and said that Ms. Du's car was a "broken car" and was not worth so much money.
I thought that the matter would end there, but I didn't expect that the bigger bad news was still to come, two days later, Ms. Du's vehicle was burned, and the raging fire engulfed everything, leaving only a charred steel skeleton.
After the firefighters arrived at the scene, after careful investigation, they ruled out the possibility of spontaneous combustion, and concluded that this was a case of man-made arson.
How should this case be characterized, and what kind of legal sanctions will the four junior high school students face?
Ms. Du's vehicle repair costs apparently exceeded 5,000 yuan, which has met the criteria for filing a case for "intentional destruction of property", and whether the four children need to bear criminal responsibility depends on their age.
If the four second-year students are under the age of 16, even if their actions constitute the crime of "intentional destruction of property", they do not need to bear criminal liability, and at most their guardians can only bear civil liability for compensation.
If the police find out that the four students were also responsible for the arson, they will face a more serious charge of "arson".
