Destruction or damage to someone else's property on a large scale, committed through careless handling of fire or other sources of increased danger, is punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor. a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or restriction of freedom for a term of up to one year, or forced labor for a term of up to one year, or imprisonment for the same term.
Classification of acts
Article 167 of the Criminal Code of the Russian Federation provides that people may suffer as a result of arson or an attempt. However, the objective side of the crime is the intentional damage to someone else’s property. The subject of the offense is a person who has reached the age of 14 or 16 years. In addition, the intent with which the arsonist acts plays a big role.
If the destruction of property was unintentional, that is, it was committed through negligence, then the culprit will be prosecuted under Art. 168 of the Criminal Code of the Russian Federation.
According to the method of implementation, the act can be classified as follows:
- Spontaneous arson. There is no long-term preparation for committing a crime, and the attacker used improvised means.
- Planned arson. Long and thorough preparation takes place (purchase and delivery of flammable materials, etc.).
- Using explosives.
- With an imitation of a non-accident. For example, damage to electrical appliances.
There are other classifying characteristics of a crime that affect punishment. For example, promoting the rapid spread of fire, creating obstacles to extinguishing the fire, etc.
The crime is considered completed from the moment of arson of someone else's property, regardless of its consequences. In other words, criminal liability comes even for an attempt to destroy a car, house, etc. Action is also expressed not only in active actions, but also in inaction.
Commentary to Art. 168 Criminal Code
1. Some of the signs of this crime coincide with the corresponding signs of Art. 167 of the Criminal Code.
2. The objective side of the crime involves the destruction or damage of someone else’s property on a large scale (Note 4 to Article 158 of the Criminal Code), committed in a special way - through careless handling of fire or other sources of increased danger (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 5 2002 N 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire”).
3. The subjective side is characterized by negligence.
Where to contact
If property was intentionally damaged by arson, the owner should immediately contact law enforcement. To bring the offender to justice, you must file a statement. Usually it contains:
- Personal information of the head of the police department (the application is submitted in his name).
- Branch address.
- Your details (full name, address, contact phone number).
- Description of the circumstances of property damage.
- Amount of damage.
- Details of the suspect (if available).
- List of evidence in the case.
- Date and signature.
The applicant must also indicate that he is aware of the criminal liability for libel.
Note: in order to receive compensation, you must conduct an examination and file a claim in court.
The procedure for collecting compensation for damage to someone else's property
Compensation for damage caused to someone else's material assets is carried out in court, at the request of the interested party. A valid sample form or the established document form can be taken at the place where the application was submitted, or downloaded from the appropriate Internet portal.
The claim must include the following information:
- the full name of the judicial institution, as well as information about the applicant - his full name, residential address, passport information, etc.;
- description of the problem encountered. The description of the information should be quite brief, but succinct, like a memorandum. Here you should indicate how and when the damage to private or other property occurred, as well as talk about other nuances that are important in this situation.
It is also necessary to provide information about what exactly the damage was caused - it could be causeless, careless, intentional, etc.;
- an indication of the exact demands that the applicant places on the respondent. Here you can establish the exact amount of the claim that the defendant will be obliged to pay to the plaintiff.
A certain type of punishment can be applied to a guilty citizen even if the latter committed only an attempt to damage other people's valuables. However, this will be possible only when the accused attempted to commit a crime using sources of increased danger, or the damage caused, if the attempt had been carried out, would have resulted in truly serious damage.
As existing judicial practice shows, when assigning a certain punishment for the destruction of other people's things, some problems may arise in the qualification of this crime. First of all, this concerns its intentionality or unintentionality. In this case, evidence of certain information may include: testimony of witnesses, recordings from video cameras, etc.
Great importance must also be paid to additional features of the crime. The illegality of someone else's actions must be proven, as well as the involvement of a specific person in them.
Author of the article
Dmitry Leonov
Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
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Internal fire investigation report and rules for its preparation
To punish a criminal for damaging property, it is imperative to issue an internal investigation report. Without this document it is almost impossible to obtain compensation for damage. The internal investigation report must contain the following information:
- Date of compilation.
- The address where the incident was recorded.
- The composition of the commission that investigated the causes of the fire.
- Description of the condition of the object before the fire.
- The beginning of the fire and the time of its elimination.
- Additional data. It should be indicated who discovered the fire and under what circumstances, how the flame spread, the area of the fire, etc.
- Methods of liquidation (fire service, independent liquidation by the owner of the property).
- The damage suffered by the victim.
- Presence of human casualties or fire victims.
- Moral damage.
- Additional evidence (photo, video, copy of the fire report and other documents).
The amount of compensation for damages will be determined by law.
Claiming CASCO insurance in case of car arson
If the car was insured under a CASCO contract, how can you receive the required payments from the insurance company? You need to follow a simple algorithm of actions:
- collect a package of documents for contacting the insurance company;
- write an application for payment of compensation;
- obtain a decision from the insurance company on payment of compensation.
Let's look at what certificates and papers should be provided to an insurance company employee:
- PTS;
- registration certificate;
- a document from the police about the recorded incident;
- an expert report indicating the reasons for the arson;
- document confirming the initiation of a criminal case.
If the owner has a court decision on the complete arson of the car indicating the culprit, this will significantly shorten the period until compensation is paid. An application for payment of compensation under CASCO can be obtained at the office of the insurance company.
When is an examination scheduled?
It is mandatory to hold a person accountable for a fire that causes serious property damage. But it will not be easier for the injured party if the criminal goes to prison, because someone must compensate for the damage. This is why you should apply for an examination.
This procedure should be carried out as early as possible. The first examination is usually done free of charge, but if a person turns to private specialists, he must pay for it himself. Repeated examinations are also usually paid. For example, assessing material damage when a car is set on fire will cost an average of 20 thousand rubles. And the procedure will take several days.
How is the punishment for arson determined?
When determining punishment for arson, a whole range of factors that took place during the incident are considered.
In doing so, the court takes into account both aggravating and mitigating circumstances. If we talk about liability for arson of a car or other property, then, most likely, Part 2 of Art. 167 of the Criminal Code of the Russian Federation. It provides for the following preventive measures:
- forced labor for 5 years;
- imprisonment for the same period.
How can you prove lack of intent?
To do this, law enforcement agencies resort to a comprehensive analysis of the items found at the scene, as well as photographs and videos that were taken there.
For proof, they also invite specialists who are able to draw conclusions about the condition of wiring or electrical appliances, if any were present at the fire site. After all, its cause could be an ordinary short circuit.
Damage to property under Articles 167 and 168 of the Criminal Code of the Russian Federation
In the Criminal Code of the Russian Federation, the articles for damaging someone else's property are 167th and 168th. The first refers specifically to causing damage to property with intent, and the second - through negligence.
Article 167 consists of 2 parts. The first of them talks about a similar offense that had a specific purpose and caused significant damage to the injured party, as well as the preventive measures that are imposed for this.
Damage to property, as a crime, is assessed depending on the circumstances of the incident.
The second of them explains cases in which damage to property was carried out out of hooligan motives, and its result was the infliction of grievous harm on another citizen.
Article 168 talks about this crime, but only if it was committed out of negligence, and about the preventive measures that are prescribed for it. It consists of only one part.
These articles for property damage apply only if certain conditions are met, which we will discuss in the next section.
