Intentional destruction or damage to someone else's property as a type of offense

Another commentary on Article 167 of the Criminal Code of the Russian Federation

1. The subject of the crime in question can only be someone else’s property that has an exchangeable, commodity value.
Destruction and damage to special types of property or natural resources in their natural state, directly specified in the criminal law, require qualification under other articles of the Criminal Code of the Russian Federation, for example, under Art. 243 (destruction of critical habitats for organisms listed in the Red Book of the Russian Federation); Art. 261 (destruction or damage to forests); Art. 267 (rendering unusable means of transport or means of communication). Destruction or damage to material property can also be the result of terrorism (Article 205) and vandalism (Article 214 of the Criminal Code of the Russian Federation). In all of the above cases, the perpetrator faces independent grounds for criminal liability, different from Art. 167 of the Criminal Code of the Russian Federation. 2. From the objective side, the crime is expressed in the destruction or damage of someone else’s property.

The destruction of an object is the complete loss of its consumer properties and economic value, bringing it into a state in which it cannot be used for its intended purpose at all, and the properties it has lost cannot be restored.

Damage is a partial, incomplete loss of an object’s consumer properties and economic value, a significant reduction in the possibility of using it for its intended purpose. With the necessary labor and financial costs for repairing and restoring a thing damaged by a criminal, it is able to regain temporarily and partially lost useful qualities and properties, allowing it to be used with varying degrees of efficiency for its intended functional purpose.

3. Destruction or damage to someone else’s property as its harmful consequences leads to the infliction of significant material damage on the owner, the amount of which as “significant” should be determined according to the same criteria as a similar sign in relation to the composition provided for in Art. 166 of the Criminal Code (see commentary to Part 3 of Article 166 of the Criminal Code).

4. From the subjective side, destruction or damage to someone else’s property can be committed with both direct and indirect intent. The motives and purposes of the act do not have qualifying significance for the application of Art. 167 of the Criminal Code have no influence. However, if the destruction or damage to someone else’s property (for example, an expensive bank safe) is committed with the aim of overcoming barriers to the storage of material assets in order to steal them, the act requires additional qualification under the relevant article of the Criminal Code on liability for theft as a completed or unfinished attack (Art. Art. 29, 30 CC).

5. According to Part 1 of Art. 167 of the Criminal Code may be held liable by persons who have reached the age of 16, and under Part 2 - by those who have reached the age of 14.

6. Part 2 art.

167 constructs a qualified crime if the destruction or damage to someone else’s property was committed out of hooligan motives by arson, explosion or other generally dangerous method, or negligently resulted in the death of a person or other grave consequences (for example, the inability to carry out production activities for a long period of time due to the destruction equipment or necessary raw materials and supplies, failure to meet deadlines for the execution of a large commercial contract by a business entity, etc.).

In this case, a crime resulting in the death of a person through negligence is a crime committed with two forms of guilt (see commentary to Article 27 of the Criminal Code of the Russian Federation), which combines intentional guilt in relation to the destruction or damage of someone else’s property and careless guilt in the form of frivolity or negligence (see commentary to Article 26 of the Criminal Code of the Russian Federation) - to the death of a person.

Hooligan motives as a motive for criminal activity are commented above in relation to the analysis of the corpus delicti of premeditated murder, provided for in paragraph “i” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

Responsibility under criminal law

If the assessment of harm exceeds 5 thousand rubles, then articles of the Criminal Code are applied. After receiving the application, a pre-investigation check is carried out, and a decision is made based on its results. If there is a composition, the material is transferred for initiation, depending on the circumstances, into investigation or inquiry. After collecting a complete package of evidence, the criminal case is sent to court. The judge makes a decision taking into account the mitigating and aggravating circumstances of the case.

Intentional commission

Article 167 of the Criminal Code of the Russian Federation fixes the types of liability for intentional actions aimed at partial or complete destruction of property. To bring the perpetrator to justice, the following signs must be taken into account:

1. Material damage. The amount of damage must exceed 5,000 rubles. The crime is considered completed only from the moment of occurrence of illegal consequences - assessment of damage.
2. Intent. The guilty citizen must be aware of the illegality of his actions and the illegality of the consequences. During pre-trial investigative measures, the official will have to confirm that the person wanted the destruction or damage of property.
3. Only persons who have reached the age of 16 can be subject to punishment (when applying Part 2 of this article - from the age of 14).

Art. 167 of the Criminal Code of the Russian Federation consists of two parts. The second part provides for a more severe penalty and is applied if property is damaged under the following circumstances:

• from hooligan motives;
• method of commission – arson, explosion or other method dangerous to society;
• unintentional death of a person;
• infliction of grave consequences by the act (moderate bodily injury to two or more victims, severe injury to one, destruction of housing, prolonged shutdown of enterprises or shutdown of heat supply, water, etc.).

Damage to property due to negligence

Article 168 of the Criminal Code of the Russian Federation establishes sanctions for the same actions, but caused without direct intent. In particular, the following signs of a criminal act must be taken into account:

• the age of the offender must be over 16 years;
• material damage occurs due to careless handling of high-risk objects (fire, vehicles, electricity, technical equipment);
• lack of direct intent, that is, the offender committed the act knowing the danger of his actions, but hoped to avoid damage.

Depending on the identified circumstances of the case, the judge may impose one of the following types of punishment:

• penalties in a maximum amount of up to 120,000 rubles (salary for 12 months);
• compulsory work (no more than 480 hours);
• correctional labor (only up to 24 months);
• up to 1 year of forced labor/restriction or imprisonment.

The subject of the crime is state or municipal property

Vandalism, qualified by Article 214 of the Criminal Code of the Russian Federation, will be included in a special category of actions.

Vandalism in legal law is usually understood as:

1. Intentional actions with the intent to cause harm. If the act was committed due to negligence, liability under Art. 214 of the Criminal Code cannot be applied.
2. The subject, that is, the object to which the violation is directed, is buildings and structures, regardless of the form of ownership. This category also includes damage to state (state), municipal, and common property.
3. Place of occurrence: public places or public transport.
4. The peculiarity of the acts is desecration, disfigurement. That is, the object can continue to be used for its intended purpose, but the appearance of the structure (transport) is damaged.
5. Only persons over the age of 14 can be punished.

Art. 214 of the Criminal Code of the Russian Federation consists of two parts. The first part provides punishment for a crime committed without aggravating features. The second part has qualifying characteristics for which more severe punishment is provided. These signs are:

• a group of persons takes part in the commission;
• The motive for the offense was racial and other social prejudices – discrimination.

Threat of property damage

There is no provision in current legislation that would provide for punishment for threatening to damage property. Therefore, it will not be possible to bring a citizen to legal liability only due to expressed threats.

Where to file a complaint

In the event that a citizen discovers that a crime has been committed against his property, it is necessary to submit an application to law enforcement agencies, which are the police, the prosecutor's office

Please note that in this case it is better to go straight to the police, since the prosecutor’s office will forward your complaint there (they are not involved in checking such reports). If you send a complaint to the prosecutor, the time frame for checking this fact will be delayed.

The statement indicates Article 167 or 168 of the Criminal Code of the Russian Federation, depending on whether the act was intentional or careless. Initially, it may be considered one category, and after verification it is reclassified into another.

Important! Speaking of where to complain, if an administrative violation has been committed, then you also need to contact the police. To compensate for the amount of damage caused, it is necessary to contact the judicial authorities.

When filing a claim in court, you will need to provide evidence of how much the damaged property is worth. The amount may be indicated in the purchase and sale agreement, receipts and other documentation. If the car was purchased on credit, then a loan agreement is provided, indicating the full amount. The assessment of losses is carried out in accordance with civil law.

How to determine the extent of damage

To assign punishment and compensation for damage to the victim, the cost of the damage must be correctly assessed.

For this purpose, the investigator orders an examination.

It is carried out by an organization that has the appropriate license.

The expert takes into account such points as:

• how much the item costs on the market at the moment;
• what is the percentage of depreciation of the property;
• Is it possible to restore or will I have to purchase a new item?

Most often, as part of a criminal case, an examination of the following property is carried out:

1. Cars. If the damage is minor, then it is easy to assess the damage. Problems arise when the car is completely destroyed after a fire. Then the year of manufacture of the car, mileage, time spent in ownership, information about the accident in which the car was involved, and the cost of a car with similar characteristics must be taken into account.
2. Household appliances, musical equipment, phones, tablets.
   It is advisable that the victim keep the receipt for the purchase. Then the examination will take into account the year of production and the real price of the item. If there is no receipt, then the average price in stores at the time of purchase is taken as the basis.
3. House, building, store and other real estate. If the property is completely lost, then the price according to the cadastre on the day the offense was committed is taken. When a part of the house is damaged (windows, doors, roof, internal contents), then the prices for finishing materials in stores, the price for repair services, and the likelihood of restoration to its original condition are studied.

Luxury items: jewelry, furs, leather, paintings, etc.

Usually a person keeps receipts for these goods, so the expert is guided by the amount for which they were purchased.

Sample statement to the police about property damage.

Arbitrage practice

Many cases of property damage are intentionally related to conflict situations that arise between people. This is especially common among road users.

One of the high-profile criminal cases is a traffic conflict between two well-known individuals: deputy Igor Amural and former law enforcement officer Sergei Kovalenko.

In connection with the conflict between citizens due to an accident, one of them intentionally caused damage to the property of the second defendant (second part of Article 167 of the Code), in response to which the second participant in the proceedings caused the following types of harm to his opponent:

1. Mild harm to health.
2. Causing retaliatory damage to a car (the first part of the article under consideration).

Information about which crimes specifically were charged with which of the participants was not disclosed to the public.

The materials of the case under consideration were transferred to the court, but the judicial authority returned them for further investigation due to insufficient evidence.

What is the liability for damaging someone else's property?

The fact is that the law of the Russian Federation provides for liability for damage to someone else’s property, because a citizen is free to dispose of his property as he wants, at his own discretion.

Damage to someone else's property involves causing any damage to the item, usually mechanical (break, tear, set fire, flood, etc.) damage, as a result of which the damaged item loses value, damage to appearance, damage to functionality, rendering the item in a state of complete disrepair , in general, a damaged item loses its estimated value compared to the value before the damage was caused. In some cases, damage implies the complete destruction of a thing without the possibility of its restoration.

The fact is that, in principle, damage to someone else’s property cannot be prohibited at the legislative level, but it is possible to hold the person causing harm accountable.

Firstly, it is necessary to determine who is the causer of the harm, secondly, to assess the damage caused and then to bring the causer to justice.

Based on Article 1064 of the Civil Code of the Russian Federation, damage that was caused to the property of an individual or legal entity is subject to compensation in full and it is the person who caused the damage who compensates for the damage. This is usually what happens, for example, a neighbor crashed your car in the yard, for example, broke the glass with a stick or threw a stone, this action was caught on a surveillance camera. As a result, the culprit is known and he can be brought to justice, at least in court ordered to compensate for the damage for the broken glass, to recover from him the costs of examination and legal expenses, as well as moral damages.

If we classify the types of liability for damage to someone else’s property, then it can be divided into 3 types:

1. Administrative responsibility;
2. Civil responsibility;
3. Criminal liability.

Difference between destruction, damage and damage to property

Before talking about the types of damage to property, it would be nice to define the terms, because the articles of the Criminal Code include the concepts of “damage” and “destruction,” and when it comes to vandalism, you can come across the concept of “damage to property.”

-Damage means damage to property such that it can be restored through repairs. After damage, it is impossible to fully use the property, since some of its functions are impaired.

For example, a phone screen is broken, but after it is replaced, that is, repaired, the device will work again.

-If property is destroyed, it is no longer possible to use it at all, since it is completely unusable (for example, things and equipment that were in the apartment burned down during a fire). Repair will not help in this case.

-Damage is a general concept. Behind it lies both damage and destruction. That is, this is damage caused to property in any amount (partial or complete destruction).

Punishment for threat

The criminal law provides for punishment under Article 167 for threats. When the danger of threats is real (a promise to start a fire, to cause physical suffering), then such illegal actions are punishable by:

• fine;
• community and correctional labor;
• administrative arrest.

In rare cases, when the destruction of property is part of another criminal act, the desire to frighten, to cause fear in the victim, in the aggregate will be punished.

These rare violations of the law will be considered:

• compulsion to have sexual intercourse;
• non-compliance with people's rights based on national, religious, racial, social and cultural principles;
• statements addressed to law enforcement officers about violent actions;
• blackmail and extortion;
• actions threatening health with the use of physical violence to prevent the provision of reliable testimony, the preparation of real expert opinions;
• obstruction of professional and economic work required by law;
• forcing the fulfillment or prohibition of the fulfillment of any accepted obligations.

A mandatory element of applying liability measures for an expressed desire to harm someone else’s property is the presence of such actions and a real danger of commission.

According to the disposition of Article 167 of the Criminal Code, the following types of punishment are provided:

1. For the first part (intentional complete destruction or partial damage to someone else's property leading to significant harm) - a fine of up to 40 thousand rubles, or in the amount of wages. Either other earnings of the perpetrator (up to three salaries) or performing labor for a period not exceeding 360 hours, correctional labor for a period of up to 1 year, forced labor for a period of up to 2 years, detention for a period of up to 3 months or restriction of freedom for 2 years.
2. For the second part (actions with hooligan motives, through fire, using an explosive device, or some other manifestation dangerous to society) - forced labor or restriction of freedom for a period of up to 5 years.

It is necessary to distinguish between the complete destruction of someone else's property and manifestations of vandalism and minor hooliganism with the deliberate destruction of things and objects.

Threat of committing such actions

As a rule, attackers resort to threats when they need something from a certain citizen. Such an action as a threat to destroy or damage someone else's property is classified by the Criminal Code of the Russian Federation as extortion in Article 163.

Extortionists may demand many things (money, obtaining a position, providing a service, etc.). But to achieve what they want, they resort to the same types of threats. There are three of them in total:

-Threat of violence against the extorted person and his entourage;

-Threat of disclosing compromising information about the victim or his relatives, loved ones, or partners;

-Threat of damaging the victim's property.

If the threat of damage to property belonging to the victim of extortion is made by the attacker immediately, we are talking about robbery or robbery.

-If the extortionist acted alone, he may get away with restriction of freedom or arrest.

-In severe cases, punishment in the form of imprisonment (up to 4 years) is possible.

-When threats are made by several criminals or an organized group, imprisonment becomes the main punishment (from 7 to 15 years).

-In addition, a fine is sometimes added to the prison sentence.

Commentary on Article 167 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The subject of the crime is someone else’s property. If, during the destruction of one’s own property, significant damage was caused to someone else’s property or to property that was the joint property of the perpetrator and other persons, “the actions of such a person, who wanted the specified consequences to occur or did not want them, but consciously allowed them or treated them indifferently, should be qualified as intentional destruction or damage to someone else’s property” (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002

“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”).

2. Destruction of property means such an external impact as a result of which the property completely ceases its physical existence (burning, dissolution in acid, complete and irreparable destruction) or is rendered completely unusable for its intended purpose and cannot be restored.

3. Damage should be understood as such a change in the properties of property in which its usefulness is significantly deteriorated and the thing becomes partially or completely unsuitable for economic or other intended use without its repair, restoration and other restorative actions.

4. A prerequisite for the punishability of the analyzed act is the infliction of significant damage. If the victim is a private person, then the amount is assessed as significant according to the rules of Note 2 to Art. 158 of the Criminal Code. The damage caused to the organization is determined by the court taking into account its property status and financial condition.

5. A crime can be committed with direct or indirect intent. The motives and goals of the act do not affect qualifications, with the exception of hooligan motives and those motives and goals that turn the act into a crime of another kind (terrorism, sabotage, etc.).

6. Liability under Part 1 of Art. 167 of the Criminal Code begins at the age of 16.

7. Hooligan motives as qualifying signs of this crime have the same content as in the case of murder (see commentary to paragraph “i” of Part 2 of Article 105 of the Criminal Code).

8. In addition to the directly named arson and explosion, other methods that endanger the life and health of people should be included in the generally dangerous methods in which the law attaches the importance of qualifying characteristics.

9. “The deliberate destruction or damage of individual objects using fire under conditions that exclude its spread to other objects and the emergence of a threat of harm to the life and health of people, as well as other people’s property, must be qualified under Part 1 of Art. 167 of the Criminal Code, if the victim suffered significant damage” (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 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 fire").

10. The third qualifying feature is the negligent infliction of death of a person or other grave consequences, which should include the infliction of serious harm to the health of at least one person, mass poisoning or illness of people, animals, plants, etc.

11. According to Part 2 of Art. 167 of the Criminal Code, liability begins at the age of 14.

Lawyer in cases of causing grievous bodily harm and threats to kill

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Threats of murder or grievous bodily harm will be punished at a minimum by community service for up to 480 hours, if the motives for committing illegal actions were:

race;

nationality;

ideological views;

religious component (Part 2, Article 119 of the Criminal Code of the Russian Federation), a person suspected of threatening to cause harm to health faces imprisonment (up to five years) and forced labor. In both cases, the subject will be prohibited from holding certain positions, as well as from engaging in certain types of activities for a period of up to three years.

Call by phone and your rights will be protected at the highest professional level and in the shortest possible time

Assistance from a lawyer, consultation, legal support is an important component in legal proceedings in cases of personal injury.

Threat of causing harm to health, according to Article 119 of the Criminal Code of the Russian Federation, is punishable by up to two years of imprisonment.

If you have every reason to fear threats against you from third parties, to assume that the threat (to kill, beat, torture) may be carried out, do not hesitate to make a decision to contact law enforcement agencies.

Consulting a lawyer under Article 119 of the Criminal Code of the Russian Federation will help you understand the current situation and answer many questions that have arisen related to the characteristics of the actions of a person addressing threats within the framework of Criminal Law.

Any illegal act must be stopped at the stage of its inception; if there is such a possibility, it is imperative to act. In the country, the number of domestic crimes, domestic violence, domestic murders, torture would be 50-70% less if potential victims knew about their rights, received high-quality advice and support, and were informed about possible options for action aimed at suppression of attacks on life and health.

How to protect your life and health in court from outside attacks

The Criminal Code stipulates many acts that fall into the category of unacceptable and illegal. The threat of harm to health is no exception. It is unlikely that anyone will like words that hint or directly indicate the likelihood of causing bodily harm, and in the worst case, murder. There are many standard ways to solve the current situation that everyone can use.

If you have any doubts about resolving a specific situation, you can always seek qualified help from a lawyer!

When receiving a threat of murder or grievous bodily harm, a person experiences moral discomfort, realizing that he may suffer physically from the illegal actions of the threatening person.

The task of law enforcement agencies working on the basis of current legislation, including the Criminal Code, is to ensure the protection of citizens from attacks by specific individuals. The sanctions for these actions are serious, so the injured party can count on reasonable punishment for the threatening person.

Cost of a lawyer for grievous bodily harm and threat of murder

• Drawing up complaints, petitions, statements
• One-time visit by a lawyer to protect the interests of individuals

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• Representation of interests at the investigation stage, including familiarization with the case materials, preparation and submission of various petitions, statements, preparation and submission of a civil claim
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• Representation of interests in the court of first instance, including studying the case materials and participation in all court hearings

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Actions of the injured party in the event of a threat of harm to life and health

The threat of murder or harm to health is one of the methods of mental influence. Intimidation is the main purpose of this act. The objective side of the crime will be the threat of harm to life and health or murder. It is very important to correctly determine the semantic component of the existing threat. If we are talking about the threat of kidnapping, violence, robbery, this crime will not have any relation to Article 119 of the Criminal Code of the Russian Federation.

In order for law enforcement agencies to accept the received application for consideration and proceed with the case under Article 119 of the Criminal Code with subsequent referral to court, certain conditions must be met:

1. The threat must be specific.
2. According to the Criminal Code of the Russian Federation, the threat of causing serious harm to health must be real.

Such “specificity” is important so that law enforcement agencies have a basis for opening a criminal case and its consideration/investigation. Any inconsistency of information received from the person to whom the threat was directed will not work in his favor. The application may simply not be accepted, and if accepted, the criminal case may be completed due to the lack of corpus delicti.

Therefore, if you do not feel confident in your own abilities, are emotionally exhausted, are poorly informed from a legal point of view, be sure to seek advice and help from a lawyer. A specialist will study your situation in detail, approach it individually, assess future prospects and help you draw up a statement to the police if you receive a threat of harm to life and health.

For information, you can get acquainted with the cost of legal services. Call by phone and your rights will be protected at the highest professional level and in the shortest possible time.

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How to recover damages

The first step of the victim is to write a statement to the police about the loss or damage of things. The application states to whom and from whom it is being sent: the name of the unit, the victim’s details, address and telephone number.

Then you should describe under what circumstances the offense was committed, when and who discovered it, and indicate the approximate cost of the damage.

If there is any idea who did this, then this should also be noted in the statement. Then the victim must write what she demands: criminal or administrative punishment.

The investigator examines all submitted documents, interviews the victim, witnesses and the offender, or takes action to capture him. Then makes a decision to initiate a case.

The offender can avoid criminal punishment if he voluntarily agrees to make all payments to the victim.

If this does not happen, the investigator issues a decision to initiate criminal proceedings and orders an examination.

After the examination, the victim must file a claim to recover the cost of the items and moral damages.

This can be done regardless of whether criminal or administrative punishment is imposed on the offender.

The claim is filed either with a magistrate (if the price does not exceed 50,000 rubles) or with a civil court at the place of registration. The claim describes the circumstances of the incident, the demands of the victim, and attaches all documentary evidence.

It is advisable that upon the initial discovery of a crime, a property damage report should be drawn up. It can be drawn up by property owners with the participation of representatives of housing and communal services, police officers, firefighters, and medical workers (if damage to health is caused).

The act must include the date, time, place of the offense, a list of damages, the alleged offender, members of the commission, and conclusions drawn based on the examination.

Three copies of the document are required, one of which is handed over to the police and will serve as evidence in court.

A person’s actions that lead to the loss or damage of someone’s property are punishable under an administrative or criminal statute.

It depends on the size of material losses and the severity of the consequences

In this case, it does not matter what was the motive for the crime, it will still not be recognized as a mitigating circumstance.

An example of a property damage report.

You can learn about liability for damage to someone else's property from the video:

https://youtube.com/watch?v=v780_foScb0%3Fecver%3D1

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Civil liability

Criminal liability for violation of the law by damaging someone else’s property occurs in the above cases, but the culprit is obliged to compensate the injured party for losses according to the Code of Administrative Offenses in any case. If it is not possible to voluntarily agree on compensation for the cost of damaged or destroyed items, the victim may file a claim in civil court. If the defendant's guilt is proven, the court will force him to compensate for the damage in full. Read here about compensation for property damage in criminal proceedings.

It is worth noting: the person guilty of damaging someone else’s property may not bear criminal liability in the event of reconciliation with the victim (Article 76 of the Criminal Code of the Russian Federation). The initiator of signing a settlement agreement can be any of the parties to the conflict. In this case, the offender must make amends for the harm caused to the victim. You can read more information about the reconciliation of parties in criminal proceedings.

But you should know that if the amount of damage for an intentional crime is less than 5 thousand, and for an unintentional crime - less than 120 thousand rubles, there is a limitation period of 3 months. If the victim does not go to court within the specified period, he will not be able to recover compensation from the accused.

The amount of damage can be assessed in several ways depending on the individual situation. These methods include:

1. Independent examination. It is usually used in case of damage to cars, real estate and expensive equipment.
2. Providing a receipt for the purchase of the item. It is used for damage to fur products and other things whose value has not changed since the date of purchase.
3. Determination of average market value. It is used in cases where a car, real estate, equipment or other thing, the receipt for which has not been preserved, is completely destroyed. Then the expert takes into account the year of manufacture and technical (and other) characteristics of the property and determines the average market value of such an item.

Based on the cost and quality of property damage, the amount of compensation to the victim is determined.

Find out what to do if your property is destroyed or damaged in the video below.

Liability of minors

In the event that theft, damage to property or another crime is committed by a minor, it is necessary to take into account the provisions of the criminal law regarding the age at which liability may occur. . Until the child reaches fourteen years of age, the parents bear financial responsibility for him

In addition, legal representatives also face punishment in accordance with the protocol drawn up under Article 5.35 of the Code of Administrative Offenses “Improper performance of parental responsibilities.” The document is reviewed by a commission dealing with juvenile affairs. Based on the results of the review, a decision on registration may be made.

Until the child reaches fourteen years of age, the parents bear financial responsibility for him. In addition, legal representatives also face punishment in accordance with the protocol drawn up under Article 5.35 of the Code of Administrative Offenses “Improper performance of parental responsibilities.” The document is reviewed by a commission dealing with juvenile affairs. Based on the results of the review, a decision on registration may be made.

https://youtube.com/watch?v=TFRRxgPGh9M%3Ffeature%3Doembed

When the perpetrator is 14 years old at the time of committing the crime, he bears responsibility independently, including making amends for the harm caused. If the child does not have personal funds, then this responsibility falls on his parents.

Under some articles of administrative legislation, liability is imposed on a person who has reached the age of sixteen. The Criminal Code of the Russian Federation also provides for punishment from the specified age, but when there are qualifying signs, then fourteen-year-olds are brought to justice. In a situation where your property has been damaged, it is better to contact a professional lawyer to help you win your case in court and achieve fair compensation.

Types of crime

Depending on who owns the damaged property, several types of crimes that are similar in nature can be distinguished. And we will start with the damage to state property.

State property

When property located in public places (transport, parks, etc.) was damaged, or inscriptions and drawings appeared on a building or structure that desecrated it, we speak of vandalism.

This act is considered in a separate article of the Criminal Code of the Russian Federation - 214.

-Responsibility and punishment for vandalism as for deliberate damage to someone else’s property awaits a person from the age of fourteen. If the act of desecration or damage to state property was carried out by one person, the maximum punishment for him will be three months’ arrest.

-If the property was defaced, broken or destroyed by a group of people during ideological, racial or other social confrontations, its participants may be imprisoned for three years. Now let's talk about damage to personal property.

Personal property

Two articles of the Criminal Code are devoted to the destruction of someone else’s personal property and its damage – 167 and 168.

-The first of them deals with cases of deliberate, intentional damage to someone else’s movable or immovable property, for example, during arson.

-In the second – situations in which the damage occurred due to the negligence of the accused.

It's time to talk about the damage to school property.

School things

School property, in most cases, is equal to state property, since educational institutions are financed from the budget.

As a rule, damage to school property occurs on a small scale (scratched desk, broken glass). Such acts are classified as petty hooliganism, the punishment for which is provided for in Article 7.17 of the Code of Administrative Offences.

The student or his parents must, if possible, repair the damaged item or compensate the damage to the enterprise - the school (based on the results of the property damage act). The fine is paid by the parents if the child does not have his own funds.

Liability for intentional damage to property

Intentional damage to property in accordance with the provisions of Art. 167 of the Criminal Code of the Russian Federation is considered a criminal offense if the damage caused was significant, that is, totaling at least five thousand rubles. In such a case, the amount of sanctions applied may include:

• A fine of up to 40 thousand rubles or income for a three-month period;
• 360-hour community service;
• correctional labor for up to one year;
• forced labor or imprisonment for up to two years.

If the infliction of damage to another person was carried out with hooligan motives, or was carried out in a socially dangerous manner, such as an explosion or arson, and also if, as a result of such a crime, grave consequences resulted, including the death of another person due to negligence, then the punishment is set higher. In particular, such a crime is punishable by forced labor or imprisonment for up to five years, without the possibility of replacement with other punishment options.

note

Art. 214 of the Criminal Code of the Russian Federation considers vandalism as a fact of damage to property in public places and provides for other types of punishment, as well as assessment of the factors of the crime.

Damage to military property is regulated by the provisions of Art. 346 of the Criminal Code of the Russian Federation and provides for a fine, transfer to a disciplinary unit, imprisonment or restriction in military service as a penalty.

What is considered a threat of property damage - its main features

When someone threatens to ruin someone else's property , it infuriates, frightens, and forces you to behave carefully. According to the law, it is impossible to prosecute before the threat moves from words to actions. For example, if someone threatens to break your car, then until he does this, there is no crime. It is almost impossible to initiate a criminal case.

According to Article 167 of the Criminal Code of the Russian Federation , the threat of damage to property is not considered as a basis for detention. Damage to property means damage or complete destruction of material assets belonging to another person. The crime may be related to:

• movable property;
• real estate;
• human life;
• the life of his pets.

The destruction of other people's material assets by any method dangerous to society is possible only if there are clear intentions. If intentions were only voiced, but there were no specific actions, then no one will be held criminally liable.

For example, this article of the Criminal Code of the Russian Federation in case of a threat of arson (although it may be accompanied by actions dangerous not only to material objects, but also to people’s lives), however, if damage to property did not occur, then the crime did not take place.

If the arson was committed intentionally, this is a crime considered by Article 167 of the Criminal Code of the Russian Federation. It is difficult to prove someone’s guilt in carrying out this criminal act, since fire destroys evidence . But if guilt is proven, the criminal will be punished.

Damage to property article of the Criminal Code of the Russian Federation

Damage to property (Article 168) provides for intentional damage to property. The property is of material value, and its damage entails damage to the victim. Damage to property means its physical liquidation if it ceases to exist altogether or loses its economic significance. Property can be damaged by destruction, burning, or dissolution in sulfuric acid. Items such as fuel, fuel, food cannot be considered in this article. Taking possession of such items is already theft.

Damage to property depending on the type

This type of offense is also regulated by the Civil Code. For example, according to Art. 669 of the Civil Code of the Russian Federation, the risk of damage passes to the lessee at the moment the leased object is transferred to him. The terms of the transfer are regulated by the concluded agreement, according to which the subject of the transaction must be in a condition that allows it to be used for its intended purpose.

The tenant's liability for damage to property arises only if the lessor proves the fact of damage.

In order for the culprit to be punished, you need to know how to prove damage to property. If there is no evidence, it is impossible to initiate legal proceedings.

More information about how to collect evidence of property damage can be found in the articles “Arson of a house.” and “What to do if your neighbors are flooded.”