Damage, destruction or damage to someone else's property, intentionally or through negligence

1. Intentional destruction or damage to someone else’s property, if these acts caused significant damage, -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. , or arrest for a term of up to three months, or imprisonment for a term of up to two years.

2. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

Article 166. Wrongful seizure of a car or other vehicle without the purpose of theft
Article 168. Destruction or damage to property due to negligence

When does administrative responsibility arise?

The law defines two types of liability for damage to property – criminal and administrative. In both cases, destruction is considered to be the rendering of a certain thing completely unusable, damage - to such a state in which, without correcting the defects, the object cannot be used for its intended purpose.

If the actions of the culprit damage things whose value does not exceed 5,000 rubles , administrative liability arises. For example, this could be the case:

damage to window glass;
scratches on the car;
breaking dishes in a cafe, restaurant;
cable damage;
damage to clothes, shoes, bags, etc.

The main condition for the police to initiate administrative proceedings is the presence of intent and guilt of the person who damaged the property. The procedure for collecting evidence of guilt is no different from other categories of cases and involves interviewing witnesses, obtaining information from CCTV cameras, etc. If there is evidence that the harm was caused accidentally, without direct intent, liability under the Code of Administrative Offenses of the Russian Federation does not arise.

When the collected evidence is sufficient to convict, a punishment is imposed under the article for damaging someone else’s property - a fine of 300 to 500 rubles . The decision on this is made by a magistrate and can be appealed within 10 days from the date of receipt of the copy.

You should also know that there is a statute of limitations for prosecution under the Code of Administrative Offenses of the Russian Federation - three months from the date of the offense, after which the case must be terminated without clarification of the issue of guilt.

If the established amount of harm caused is more than 5,000 rubles, then the norms of the Criminal Code of the Russian Federation apply.

Kinds

Damage to property can be intentional or accidental. In the first case, the criminal has intent and planned to commit the crime in advance.

The decision may be spontaneous, but the offender is necessarily aware that he is committing illegal actions and that their consequences will be negative for the victim, associated with a deterioration in their financial situation.

This includes: damage to a car, arson of a house or car, breakdown of equipment, broken glass in a house, breakage of furniture, destruction of clothing, jewelry, etc.

In case of accidental damage to property, a citizen does this unintentionally, through inattention, negligence or under the influence of external factors.

For example, a leaking faucet led to flooding of a neighboring apartment and damage to their furniture and appliances. Or a fire lit for barbecue on the property caused a fire, as a result of which someone else’s house burned down.

Intentional crime is divided into the following types:

Destruction or damage to property that is not one’s own, if it entailed significant losses for the victim.
Damage exceeding 5 thousand rubles is considered significant.
Damaging other people's things for the purpose of hooliganism.
Actions committed by arson, using explosives or in any other way that poses a public danger.
An offense that results in the victim's death, serious injury, or deterioration in health.
An atrocity that led to the bankruptcy of the victim.

Criminal liability

Since 07/03/3016, important changes have been made to the Criminal Code of the Russian Federation and other federal legislation, according to which the minimum possible damage under Art. 167 of the Criminal Code of the Russian Federation (destruction or damage to someone else’s property) must be at least 5,000 rubles (previously the amount was 2,500 rubles). In addition, the damage must be significant for the victim.

Example No. 1 . Ivanov A.A. deliberately broke the windshield of a TOYOTA car belonging to I.I. Petrov. The cost of the glass was more than 22,000 rubles, since Petrov I.I.’s car was recently purchased, belongs to the premium category, special glass order required. At the same time, during the investigation it was established that Petrov I.I. works as the general director of one of the companies as part of a well-known holding company and his salary is more than one million rubles per month. The court considered the damage caused to the victim to be insignificant and dismissed the case.

Example No. 2 . Almazova R.R. damaged the garage of Melnikova A.A. by filling the holes in the locks with quick-drying glue, which caused damage to the victim, according to the examination, in the amount of 5,500 rubles. At the court hearing, the issue was clarified about the financial condition of Almazova A.A., who lived alone with two children, a paralyzed mother, worked as a nurse and her income was about 7,000 rubles a month. The court considered the damage caused to A.A. Melnikova to be significant and announced a guilty verdict.

Thus, a mandatory sign of qualification under Art. 167 of the Criminal Code of the Russian Federation, is the significance of the damage to the victim. The Supreme Court of the Russian Federation directs the courts to clarify such circumstances as the presence of dependents, living in a full/incomplete family, the presence of credit obligations, etc. In short, the significance of the loss must be objectively confirmed and at the same time cannot be less than 5,000 rubles; a smaller amount forms the administrative offense described earlier.

In judicial practice, there are ambiguous situations when damage to property is caused in an amount of up to 5,000 rubles, but at the same time, for the victim, due to his difficult financial situation, it is significant. Such questions arise during the consideration of cases where the belongings of low-income, socially vulnerable people were damaged. Unfortunately, there is no exception for such cases and, since the amount of damage is less than 5,000 rubles, criminal liability is excluded. To restore justice, we recommend that victims go to court in civil proceedings for compensation for the harm caused; this opportunity is not lost after an administrative decision is made.

Commentary to Art. 168 Civil Code of the Russian Federation

1. A general rule has been established according to which a transaction that violates the requirements of a law or other legal act is voidable. Laws and other legal acts mean federal laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulations of other federal government bodies. Based on the literal understanding of the article, we are talking about violations of any norms of law, both private and public, and not just civil law imperative norms.

This may also lead to other consequences:

- the transaction may be void (clause 2 of the commented article);

- the transaction can be terminated in a different and more complex way than bilateral restitution (if this is established in the Civil Code of the Russian Federation or another law). For example, the consequence of a transaction to dispose of a ward’s real estate without the prior consent of the guardianship and trusteeship authorities is termination of the contract, return of property and compensation for losses.

2. As follows from paragraph 2 of the commented article, if a transaction is not only illegal, but also infringes on public interests or the rights and legally protected interests of third parties, it is void (general rule), unless it follows from the law that such a transaction is contestable . The second exception is formulated as follows: in relation to this transaction, in accordance with the law, other consequences of the violation that are not related to the invalidity of the transaction must be applied. A literal interpretation of this norm allows us to consider such transactions valid.

The concept of “public interests” covers the interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, and the interests of an indefinite number of persons. Violation of the rights and legally protected interests of third parties in a broad sense is any restriction of a legally provided subjective right or legal opportunity that could be realized by a third party on the basis of a rule of law. In a narrow sense, a violation of the rights and interests of third parties involves the completion of a transaction that violates a specific rule of law, as well as the interests of the person directly affected by the transaction.

3. Judicial practice:

— Ruling of the Constitutional Court of the Russian Federation dated March 29, 2016 N 515-O “On the refusal to accept for consideration the complaint of citizen Elena Viktorovna Labutina about the violation of her constitutional rights by Article 168 of the Civil Code of the Russian Federation”;

— Determination of the Constitutional Court of the Russian Federation dated February 25, 2016 N 442-O “On the refusal to accept for consideration the complaint of citizen Vladimir Valentinovich Egorov about the violation of his constitutional rights by Articles 10, 168 and 834 of the Civil Code of the Russian Federation”;

— Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2016 N 7 “On the application by courts of certain provisions of the Civil Code of the Russian Federation on liability for violation of obligations” (see clauses 17, 63, 64, 69);

— Review of judicial practice of the Supreme Court of the Russian Federation No. 2 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on June 26, 2015) (see question 1);

— Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation” (see paragraphs 7, 8, 73 - 75, 78);

— Review of judicial practice of the Supreme Court of the Russian Federation No. 1 (2015) (approved by the Presidium of the Supreme Court of the Russian Federation on 03/04/2015) (see question 6);

— Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 16, 2014 N 28 “On some issues related to challenging major transactions and interested party transactions” (see paragraph 10);

— Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 14, 2014 N 16 “On freedom of contract and its limits” (see paragraph 4);

— Resolution of the Arbitration Court of the Volga-Vyatka District dated August 11, 2016 N F01-3101/2016 in case N A11-10492/2015 (on invalidating the assignment agreement);

— Resolution of the Arbitration Court of the East Siberian District dated August 5, 2016 N F02-3907/2016 in case N A19-19196/2015 (on invalidating the agreement on reimbursement of utility, operating and other expenses).

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Who will determine the price of lost things?

Determining the cost of damage is the competence of an appraisal examination, which is appointed as part of the preliminary investigation. As in other categories of cases, the expert assesses the market value at the time of loss or damage, taking into account wear and tear and the possibility of restoration. Most often in criminal cases, the subject of assessment is:

cars. Particular difficulty in establishing the cost of damage caused occurs in cases in which the car is burned. In such cases, the expert turns to official data on the average market value of a car in a particular city, taking into account reliable characteristics provided by the victims: year of manufacture, period of ownership, information about accidents, make of car, etc.;
expensive equipment. The expert takes into account the name of the manufacturer, data on the technical condition of the object, etc.;
real estate. The assessment is carried out according to the cadastral value on the day the crime was committed (in case of complete destruction) or, if part of the house is damaged (doors, windows, interior decoration), then the calculation takes into account both the cost of restoration work and the possibility of using the premises before they are completed;
expensive goods (fur items, clothes made of genuine leather, etc.) - the cost of damage is determined mainly by the receipt provided by the victim - almost always receipts for the purchase of such items are stored, taking into account the length of the expiration date.

So, based on the conclusion of the assessment examination, police officers make a conclusion about whether in each specific case there are grounds for initiating a criminal case. If there are such grounds (the amount of damage exceeds 5,000 rubles and is significant for the victim), the actions of the perpetrator will be given a legal assessment under part one or two of Article 167 of the Criminal Code of the Russian Federation.

Punishment for intentional actions

If property is damaged or destroyed without performing actions dangerous for unauthorized persons, specified by the legislator in Part 2 of Art. 167 of the Criminal Code of the Russian Federation, the punishment that can be imposed on the offender is relatively small - up to 40,000 rubles fine, community service or imprisonment for up to 2 years.

When an attacker intentionally destroys another person's property and acts in a manner dangerous to others, the punishment can be up to five years in isolation.

Thus, the article of the Criminal Code directly provides for the following methods, recognized as generally dangerous and giving grounds for stricter liability:

explosion;
arson;
other actions that may be recognized by the court as creating a threat to other people.

In addition, a similar punishment awaits those who, through their destructive actions, contributed to the death of a person through negligence or other grave consequences.

Explosion and arson as ways to destroy property

Explosives are used mainly to destroy cars - such crimes were not uncommon in the 90s, and such cases still occur today, especially among businessmen and influential people. Also, the destruction of cars in this way can take place if there is a national motive - there are known cases when only cars of a certain region (for example, the Caucasus) or republic were blown up by the perpetrators. Since the national motive is not directly provided for in the article of the Criminal Code of the Russian Federation, such circumstances are additionally recognized by the court as aggravating when passing a sentence.

Destruction or damage to property by arson is usually committed in relation to detached real estate - houses, kiosks, garages. In practice, there are cases where arson is a way of concealing another, more serious crime.

Example No. 3 . Seller I.I. Pavlov, working for entrepreneur A.A. Skvortsov. under an employment contract at a food kiosk, he made a large shortage due to his own fraud with invoices. When this became known to the employer, Pavlov I.I. staged an arson, denying his involvement in the destruction of the kiosk (it was burned to the ground), even being the first to arrive at the scene to assist in extinguishing the fire. Thanks to the external surveillance cameras with which the nearby building was equipped and about which Pavlov I.I. had no idea, the police determined that he had committed the arson. With the help of complex comprehensive examinations, the amount of the shortage and the flammable substance used by I.I. Pavlov were established. As a result, the culprit was punished with a long term of imprisonment under two articles of the Criminal Code - for destroying a kiosk by arson and deliberate embezzlement of entrusted property.

Example No. 4 . To the convicted Rykov A.P. was sentenced to 18 years in prison for the fact that while drinking alcohol in the house of Lobanov G.G. he inflicted several stab wounds to the latter in the heart area, as a result of which the victim died on the spot. To hide the traces of a particularly serious crime, Rykov A.P. I couldn’t think of anything better than to burn the house where the corpse was. Rykov A.P. doused the household with kerosene from all sides and set it on fire. The crime was solved without delay, as eyewitnesses were found. Subsequently, Rykov wrote a confession, unable to cope with the feeling of guilt. At the court hearing, the claim of the relatives of the murdered man to recover the cost of the burned house from the perpetrator was satisfied.

Other generally dangerous methods of intentional damage or destruction of property are quite rare in practice. For example, this could be the use of homemade shooting devices that create a danger to others, mechanical units used for other purposes than their intended purpose, etc.

As a result of the actions of those who deliberately damage other people's property, the death of strangers or other tragic events sometimes occur. The Supreme Court explained that these may include causing significant harm to health, including to several persons, causing disability, depriving people of shelter or livelihood, prolonged downtime of large enterprises, etc.

Careless damage to someone else's property

It is logical that the legislator provided for liability for damage only to someone else’s property. In fact, it would be absurd to punish a person who decided to destroy his objects and belongings for reasons known only to him. At the same time, there is always a danger that by setting fire to one’s own, harm will be caused to others. In this case, the Criminal Code provides for an article that provides for the possibility of bringing to liability for destruction or damage to property through negligence. The condition for this is:

the value of damaged property of other citizens exceeds 250,000 rubles;
the crime was committed as a result of handling fire or another source of increased danger.

Since such a crime is considered careless, the punishment for it is relatively mild: a fine of up to 120,000 rubles, community service, and imprisonment for up to 1 year .

Example No. 5 . Having quarreled with his wife, V.V. Kuznetsov, being extremely intoxicated, set fire to his own house so that during the divorce it would not go to his ex-wife. The fire spread to the outbuildings of the neighboring plot, as a result of which the garage and bathhouse of neighbor E.M. Kravtsov completely burned down. The careless actions of Kuznetsov V.V. the neighbor suffered damage in excess of one million rubles. The culprit was sentenced to a fine of 100,000 rubles; the claim for compensation for the value of lost real estate was satisfied in full.

Expertise

If a car is set on fire, an examination is ordered. Its purpose is to identify the circumstances of the crime. The specialist must determine:

whether the car was set on fire intentionally;
where the fire was located;
what caused the incident;
how the flames spread;
the amount of damage caused to the car.

Based on the results of the examination, a punishment is selected for the criminal.

If a crime has been committed, the initial examination is assigned free of charge. If a citizen is dissatisfied with the results of the manipulation, he may request that the manipulation be repeated. The law does not prohibit the performance of subsequent examinations. However, you will have to pay for it. The cost of the manipulation is 0 rubles. The fee for its implementation is paid by the participant in the process who initiated the re-examination.

Let's sum it up

If you have suffered damage that costs less than 5,000 rubles, the perpetrator will face administrative liability; if more, and this amount is significant for you, a criminal case will be initiated.
The maximum punishment under the Code of Administrative Offenses of the Russian Federation is up to a 500 ruble fine, according to the Criminal Code of the Russian Federation - up to 5 years in prison, provided there are no other crimes.
The statute of limitations for holding administratively liable for damage to property is 3 months, in a criminal case – up to 6 years.
Liability for careless actions is provided only in case of damage exceeding 250,000 rubles. If your belongings were damaged due to negligence, but the amount of damage does not reach the specified amount, you can file a lawsuit to recover the costs incurred. In addition, claims for damages may be considered in civil proceedings even if there is an administrative resolution or sentence.

Causality in crime analysis

An important feature of the consideration in court of cases under Article 168 of the Criminal Code of the Russian Federation is the establishment of the chronology of events and cause-and-effect relationships between the presence of the accused at the scene of the incident and the fact of damage to property.

The court needs to establish not only the fact of property damage, but also prove that it occurred as a result of a specific person’s violation of security measures.

Considering that other factors often play a large role in what happened, lawyers build a line of defense for their client on them, proving that the damage did not occur due to his violation of the rules for operating the equipment.