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

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.

Types of damage under Article 167 of the Criminal Code of the Russian Federation

Damage to property, according to the Criminal Code of the Russian Federation, is a crime and entails certain penalties. Conventionally, any damage is classified as minor, significant and severe. A significant degree of damage is assigned in cases where damage was recorded, the cost of which exceeded 5 thousand rubles. In this case, the object may be subject to repair or be completely destroyed without the possibility of restoration. The categories of this type of crime include:

hooliganism;
malicious actions (arson, explosion, flooding);
use of bladed weapons or firearms.

The following are considered grave harm and consequences (according to Resolution of the Plenum of the Armed Forces of the Russian Federation No. 14):

average harm caused to the health of two or more people;
causing serious harm to the health of at least one person;
actions that resulted in severe losses for the affected persons or deprivation of their livelihood;
damage that resulted in a breakdown of an industrial facility, which led to a shutdown of electricity, water or gas supplies; if a lot of people suffered from these actions.

The most serious actions are considered to be those that led to harm to the health or life of people, as well as the destruction of things that can no longer be restored.

Fig. 6 – Types of damage may vary significantly

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.

What is unintentional damage to property?

Unintentional damage to property is rendering it unsuitable for further use by certain actions of a specific person, committed carelessly or unaware of the seriousness of the consequences. This also includes situations that the offender foresaw, but hoped to prevent.

Important! It is quite difficult to prove the fact of unintentional damage to property. There are situations when you cannot do without the help of a lawyer. Most of these cases can be classified as intentional infliction of material damage, but here a completely different article will apply - 167 of the Criminal Code, which implies a more serious punishment.

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.

Practical characteristics

In many situations, it is difficult for the accused to prove that property was damaged due to negligence. Often the causes of damage are:

Smoking in inappropriate places.
Uncontrolled use of electrical appliances.
Making fires in places where it is dangerous or prohibited.

In addition, risk factors can be identified as:

Work with complex mechanisms.
Use of electrical equipment.
Operation of special devices.

Since before using such devices a person undergoes special instructions, about which a corresponding document is drawn up, violations of safety rules are grounds for admitting guilt of unintentional damage to property.

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.

Aggravating features

These are considered:

arson of someone else's property (movable or immovable);
explosion, flooding;
As a result of damage to other people's property, people were injured or died.

Attention! If the crime was committed by several persons who discussed a plan of action in advance, this is also an aggravating circumstance.

When additional means or devices are used to commit a crime, the offender receives a more severe punishment.

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.

Intentional damage to someone else's property

Two sections in the Code of Administrative Offenses and the Criminal Code of the Russian Federation (Article No. 167) are devoted to intentional damage to someone else's property, complementing each other and classifying this crime.

Article No. 167, part 1

This article refers to damage/destruction of someone else's property, as a result of which significant damage was caused to the property. Persons over 16 years of age are punished for such an act. These are material assets, the complete or partial deprivation of which causes significant damage to their owner.
The subject of property can be real estate or movable property, but it must be expressed materially. Disagreements quite often arise between lawyers on this matter, since according to this formulation, carriers of information important to humans (discs, tapes, manuscripts, etc.) do not fit into the category of property assets. It is believed that the loss of such objects does not entail the destruction of the idea itself. But in some situations this is absolutely not the case. For example, information carriers in one copy after their destruction still lead to the loss of the idea and cause significant damage. To date, this issue has not been closed.

Article No. 167, part 2

The second part of Article No. 167 of the Russian Criminal Code, the Code of Administrative Offenses, presents situations of damage/destruction of other people's material assets, when the criminal used socially dangerous methods for the crime (arson, explosion), organized the damage/destruction of property in such a way that as a result of his careless actions a person was injured/killed.
Accordingly, such deliberate destruction or damage to someone else’s property is equated to a more serious crime, for which responsibility begins from the age of 14.

It is important to note! If, while committing his crime, provided for by another article of the Russian Criminal Code, the criminal knowingly removes evidence, article No. 167 is not used.

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.

If property damage does not fall under the Criminal Code

In other situations, criminal liability is not provided. The injured party may recover compensation for damages from the culprit in court by filing an appropriate claim with the authorized body. Of course, in order for a claim to be satisfied, there must be direct evidence of the defendant’s involvement in a specific case. This may be witness testimony, video footage from surveillance cameras, or other facts confirming the victim’s words.

When a person does not know who damaged his property, it is necessary to file a statement with the police. Here it is important to describe the case and all its circumstances in as much detail as possible. The police will then conduct an appropriate investigation and notify the applicant in writing of its findings. But, this situation will be considered under another article of the administrative or criminal code, and does not fall under unintentional action.