Most people associate vandals with a group of teenagers who, for some reason, purposefully destroy property located on the street, in city buildings, and on public transport. Many of us have noticed broken benches, trash cans, painted house facades, etc. in parks. Such actions form a crime under Article 214 of the Criminal Code of the Russian Federation - vandalism. What punishment can be imposed on guilty persons, how to determine the signs of this particular crime, read here.
The essence of the crime
In the Criminal Law of Russia, vandalism was absent as a crime until 1997, when liability for damage to property in public places was introduced by amendments to the code. According to statistics, more than 4,000 cases of crimes under Art. 214 of the Criminal Code of the Russian Federation. It should be noted that these figures do not take into account unsolved and unreported incidents, of which there are approximately the same number. Some experts are of the opinion that the rather high percentage of latent crime in this area is associated with the difficulty of determining the signs of a crime that is so similar to other acts.
Vandalism can be expressed in the following actions (alternatively):
- desecration of structures or buildings.
- damage to property in public places.
Let's look at these two methods of committing a crime in more detail.
Desecration of buildings
In the criminal legal sense, a structure should be understood as any building designed to support people’s livelihoods: transport stops, underground passages, historical monuments, bridges, fences. Even advertising stands are considered a structure, which, if damaged, may result in criminal liability for vandalism.
A building is any structure that is intended for the presence of people in it in connection with work (offices, manufacturing plants, companies), with leisure (cinemas, libraries, museums), with the provision of medical services (clinics, hospitals, ambulance stations, etc.) .d.), with religion (church, chapel, places of worship).
What is desecration? Experts in criminal law argue that to desecrate means to disfigure, to give an indecent appearance, and such actions can concern both the entire structure (building) and any part of it.
Example No. 1 . Prigozhin P.A. carved an obscenity addressed to his ex-girlfriend who lives opposite with a drill on the façade of a newly renovated clinic building. A criminal case was opened against Prigozhin for vandalism. At the court hearing, the lawyer tried to prove that the half-meter inscription of four letters on the facade of the building, which is over 80 meters long, is not desecration. According to the defense, Prigozhin’s act is insignificant and does not constitute desecration. The court did not agree with this position and condemned Prigozhin, drawing attention in the verdict to the fact that the ratio of the size of the building itself and the area where there is damage is not decisive for confirming the elements of a crime.
Turning to practice, it would be fair to note that in reality there are still cases where the actions of vandals are recognized as insignificant, that is, insufficient to initiate a criminal case. Thus, an inscription measuring a few centimeters almost never entails the initiation of a case under Art. 214 of the Criminal Code of the Russian Federation, if it is made on the outside of the building. But under certain circumstances, even such small inscriptions made indoors may be considered sufficient to bring criminal charges (for example, if such a thing was committed in a temple, a library of world significance, etc.).
Usually, desecration does not entail consequences in the form of expensive repairs, eliminating the danger of building collapse, etc. Here the motive of the criminal is not so much to cause major damage, but rather to contrast his behavior with the principles of morality and public morality. It does not matter whether such actions resulted in material damage - from the moment the inscription is applied, the crime is already considered completed.
Most often, inscriptions on walls, gates, and fences are considered desecration. These can be not only obscene words, obscene language, but also images, symbols indicating membership in a certain social group (for example, a swastika), or without meaning. Images are most often made using spray paint, sometimes using regular emulsion, less often by excision (as in the previous example). In some cases, vandals, on the contrary, do not apply an inscription, but cover up the existing one.
Example No. 2 . At the entrance to the building of the local history museum there was a marble slab on which information was engraved about the opening date of the museum, its honorary director, and opening hours. This slab was hopelessly damaged - scarlet paint was splashed onto it, covering all the words. Subsequently, a criminal case was initiated under Art. 214 of the Criminal Code of the Russian Federation, the student who confessed to the crime was found guilty.
For qualification, it does not matter how the building was desecrated, but the main sign must be confirmed - the object is located in a public place, within sight of other people. To determine the aesthetic damage to an object, an examination may be required, which is usually carried out during the investigation. Most often, this is a comprehensive study with the participation of several specialists, in which psychologists, linguists, specialists in aesthetics, religion, history, etc. can be involved.
Statute of limitations
Every crime can be subject to a statute of limitations—a time period within which you can be prosecuted. Its course begins from the moment of commission and ends with the passing of a sentence.
Vandalism is an act classified as a minor crime, so the perpetrator can be brought to justice within 2 years after the commission.
How to write a statement
In order for a criminal case to be initiated against potentially guilty persons, it is necessary to contact law enforcement agencies and report the fact of the actions committed. The appeal is made in writing in the form of a statement.
The form of written appeal is unified. It consists of a “head”, “body” (descriptive part) and a final part. In the header you need to indicate:
- name of the authorized body to which the applicant applies. As a rule, this is the nearest police station to the place where the acts were committed. You can find out the exact name from the attendant or at the information desk;
- Full name and position of the head of this police department;
- Full name of the applicant, his address and contact details.
Then comes the name of the document - “statement”, and after that “body” or descriptive part. Here the applicant states the essence of the case:
- date and place of incident;
- what he saw or discovered;
- the consequences of the act he discovered;
- other facts relevant to the case.
Final part:
- application. These may be documents confirming those stated in the application or the testimony of witnesses. In the latter case, you need to provide contact information. You can attach photo, video or audio materials;
- date of application;
- the applicant's signature and its transcript.
The police department will give you a writing sample. But you can focus on this:
Where to apply
The application must be submitted to the same police department that is located in the area where the crime was committed. The decision to initiate a criminal case or refuse to open one will be made after the inspection is carried out. Depending on the circumstances of the incident, it takes from 3 to 30 calendar days to consider the application.
If the application is completed incorrectly, it may not be accepted for consideration, so you need to fill it out according to the sample. You can get it from the attendant or see it at the information desk. If all rules are followed, it will be checked.
If signs of vandalism are detected during a preliminary inspection, a decision is made to initiate a criminal case. Next, investigative measures are carried out, an investigation is carried out and the case is sent to court. Only the judiciary can determine the procedural status of suspects and impose punishment.
All checks regarding information about vandalism or criminal acts in cemeteries and burials are carried out by the inquiry authorities.
Damage to property in a public place
The legislator specifically clarifies that vandalism can manifest itself in damage not only to real estate, but also to public transport. Thus, a striking example of vandalism can be the damage to seats in the subway, trolleybuses, deliberate damage to handrails, racks on trams, buses, damage to windows on trains, etc.
In practice, modes of transport are differentiated in order to clearly define the attribute “public”. It is generally accepted that this is passenger transport accessible to the general public. This category does not include school buses, transport for employees in a particular organization, limousines for weddings, etc.
Example No. 3 . Rogov K.A. worked in a company producing and installing suspended ceilings. The head of the organization allocated a company minibus for permanent use by K.A. Rogov. and his partner, in order to conveniently move equipment from client to client. Having quarreled with his partner, Rogov K.A. Out of anger, he broke one of the bus seats; it could not be restored. The initiation of a criminal case on the fact of vandalism was refused, since official transport cannot be recognized as public, but later Rogov was held responsible for damage to property.
Property may be partially damaged or completely destroyed - to qualify a crime under Art. 214 of the Criminal Code of the Russian Federation, this does not matter; the act is considered completed from the moment of causing at least some harm. The method the attackers used is also not important. So, destructive actions can be like this:
- breaking (for example, windows in a trolleybus or train);
- deformation (dent on the metal surface of the bus);
- cutting (cuts from theater seats with a sharp object);
- arson (lighting garbage in public trash cans);
- demolition (tipping over telephone booths, outdoor dry closets).
The amount of damage from such actions may vary; all this is taken into account in the claims that the administration may bring against the perpetrator, but does not in any way affect the qualifications. In other words, if Petrov cut 25 seats in the interior of a regular bus and thereby caused damage to the municipality in the amount of more than 100,000 rubles, or if Ivanov cut one such seat, both will have the same corpus delicti - vandalism.
However, in some cases, damage to property is considered a minor act and does not entail criminal liability. Most often, this can be due to minor damage to a low-value item.
Example No. 4 . Noskov A.V. deliberately damaged a metro card on one of the subway trains, practically tearing it out of the inner lining of the car. The act was considered insignificant, since the very next day it was planned to remove this train from the flight due to its disrepair, and restoration work was planned. According to the restoration plan, it was necessary to completely renovate each car both from the inside and outside, with the installation of new metro cards to replace the outdated ones. Under such circumstances, the initiation of a criminal case was refused, since Noskov’s actions, although contrary to public interests, did not inherently cause any harm due to the dilapidation of passenger transport.
Both desecration and damage to property in public places are always committed with intent. A citizen who accidentally caused damage cannot be found guilty of vandalism.
Example No. 5 . Ignatov I.R. was at an appointment with a dentist. During treatment, Ignatov unknowingly, due to unbearable pain, damaged the microscope, accidentally touching it with his hand. The microscope was broken and could not be restored, that is, it was actually destroyed. The administration of the clinic recovered through the court from Ignatov the amount of damage caused, but a criminal case under any article, including Art. 214 of the Criminal Code of the Russian Federation, was not prosecuted - negligence excludes criminal liability.
Often, types of vandalism such as desecration of buildings and damage to property in public places occur simultaneously. In such situations, the actions of the perpetrator are qualified as one crime under Art. 214 of the Criminal Code of the Russian Federation, and the volume of criminal actions already affects the severity of the punishment.
Punishment
Responsibility for this crime can begin as early as 14 years of age. The punishment for vandalism can be as follows:
- fine up to 40,000 rubles;
- compulsory work up to 360 hours;
- correctional labor for up to 1 year;
- restriction or imprisonment for up to 3 years (if the crime was committed by a group of persons or for national reasons).
Most often, vandals who break the law for the first time can get off with a suspended sentence or community service. Those who constantly commit such crimes may lose their freedom and be sent to a penal colony.
Motives for vandalism
They are not legally defined. As a rule, criminals are driven by hooligan motives. By committing illegal actions, subjects challenge society, express their disagreement with something, try to draw attention to themselves and their dissatisfaction, and oppose themselves to society and its foundations.
The goal is not to damage property, but to express one’s disagreement. There are several circumstances that motivate action:
- revenge;
- play and boredom;
- ideological, social or political beliefs.
Note! Whatever the motive for the actions, the perpetrator faces punishment under the article for vandalism.
Difference from other crimes
We have previously noted that vandalism in some situations is difficult to distinguish from other compounds, for example:
Difference from hooliganism
Hooliganism is a demonstrative, gross violation of public order, while vandals usually act at night, out of sight of the public. In both crimes, criminals oppose themselves to society, make a certain challenge to society, its traditions, and the usual way of life. Moreover, if hooliganism is an open opposition to society, then vandalism is often committed covertly, without attracting people’s attention, with the obligatory damage to property, albeit sometimes minor (while damage is not a mandatory sign of hooliganism).
Example No. 6 . Nikolaev N.G. During the celebration of November 4 in the city square, he was intoxicated, shouted obscene words at Lenin, and threw stones and bottles at representatives of the Communist Party of the Russian Federation participating in the organized procession. Nikolaev was held liable for hooliganism under Art. 213 of the Criminal Code of the Russian Federation.
On the same day, a criminal case was opened for vandalism, since police found inscriptions expressing disagreement with the directions of politics in Russia on the monument to Lenin on the same square. As it was later established, the act of vandalism was committed by two young people who were interested in politics, and they acted at a late time, when the processions were over and there was no one in the square. The perpetrators were punished under Art. 214 Code of Criminal Procedure of the Russian Federation.
Difference from property damage
Damage to property (Article 167 of the Criminal Code of the Russian Federation) - the person responsible for causing damage to the personal property of a particular citizen is responsible for this crime, while vandals damage property in public places (or on transport). Damage under Art. 167 of the Criminal Code of the Russian Federation must necessarily exceed 5,000 rubles, that is, be significant for the victim. Such a requirement for the existence of a crime under Art. 214 of the Criminal Code of the Russian Federation is not required, material damage may even be insignificant.
Since damage to property under Art. 167 of the Criminal Code of the Russian Federation can be committed for hooligan motives; sometimes it is difficult to distinguish this crime from the act provided for in Art. 214 of the Criminal Code of the Russian Federation.
Example No. 7 . Volodin N.E., angry that the housemate had once again awkwardly parked his car in the yard, kicked the car several times, damaging the fender. After the police were called, they began to assess the damage that the expert recorded. The result of the assessment was the amount of 8,700 rubles. Since the property of an individual was damaged, damage of more than 5,000 rubles was confirmed, the actions of the perpetrator fall under Part 2 of Art. 167 of the Criminal Code of the Russian Federation - deliberate destruction or damage to property for hooligan reasons (the presence of this sign is due to the fact that the actions took place in a public place). As can be seen from the example, the culprit intentionally damaged the personal property of another citizen; under such circumstances, vandalism cannot occur here.
Other differences
- Making vehicles (or means of communication) unusable is a separate crime (Article 267 of the Criminal Code of the Russian Federation), which is used extremely rarely in practice. It differs from vandalism in the absence of a goal to disrupt public order, since the perpetrator has the intent to render the vehicle unusable. The consequences resulting from such a crime are larger compared to the actions of vandals (in some cases, disasters may occur, resulting in casualties among people).
- Damage to cultural monuments (Article 243 of the Criminal Code of the Russian Federation) is a very similar crime to the act under Art. 214 of the Criminal Code of the Russian Federation. Let us remind you that the object of attention of vandals can be buildings or structures, while objects under Art. 243 of the Criminal Code of the Russian Federation can only include sculptures, works of painting, and inventions that are included in a special register in accordance with the Federal Law “On Objects of Cultural Heritage.” If experts determine the status of an object as a cultural monument, that is, its high national value is confirmed, the actions of the perpetrator will be regarded as a crime under Art. 243 of the Criminal Code of the Russian Federation.
- Desecration of the bodies of the dead and burial places - in such crimes, the perpetrator, by desecrating graves or other burial places, violates the moral principles and traditions of the people, but not public order.
The legislator separately provides for liability for desecration of objects located in the cemetery . Thus, there will be no vandalism in the actions of the perpetrator if the object of desecration is tombstones, sculptural structures in the burial places of loved ones, as well as architectural compositions dedicated to the fight against fascism. In these cases, liability is provided for in separate articles 243 or 244 of the Criminal Code of the Russian Federation.
Example No. 8 . Malyshev I.R. appealed to the police with a statement to bring a person without a fixed place of residence, permanently residing in the cemetery, to criminal liability under Art. 214 of the Criminal Code of the Russian Federation. The applicant reported that a small chapel built near the grave of Malyshev’s deceased mother I.R. was damaged by an unknown man. It was established that the chapel was broken by P.A. Bukov, who really did not have a place of residence and used this place for an overnight stay. Bukov P.A. was found guilty, but not of committing the crime of vandalism, but of committing desecration of their burial places, since the subject of the act was a structure intended for ceremonies in connection with the commemoration of the deceased, which is separately provided for by the criminal law in Article 244 of the Criminal Code of the Russian Federation.
Case studies
Example No. 1. Citizen Ivanov damaged a marble slab near the entrance to the museum, on which information about its founder was carved. The slab was physically damaged by a sharp object. The act was committed at night, against the background of a personal conflict with the director of the museum. Ivanov was found guilty of vandalism and sentenced to correctional labor for six months.
Example No. 2. Citizen Petrov, while intoxicated, appeared at a meeting of the residents of the house. He shouted obscene words at them, threw stones at those present and tried to break down the door to the entrance, as he did not agree with the installation of a combination lock. None of the residents of the house were injured. Petrov was found guilty of committing hooliganism and was punished under Art. 231 of the Criminal Code of the Russian Federation.
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