Damage to property. The article on which the actions of the culprit should be qualified.

Each person owns this or that property. It can be movable and immovable. And the owner disposes of them at his discretion. At the same time, it is not uncommon for someone to damage property, whether intentionally or through negligence. Namely, it either damages it or completely destroys it. In connection with this criminal law, there is criminal liability in the event that property is damaged.

Article 167 of the Criminal Code applies to persons who intentionally damage. A mandatory requirement for involvement under this article is that the property should not be the property of the person who damaged or destroyed it. However, if, along with his property, someone else’s was destroyed, for example, as a result of the burning of his own house, a neighbor’s shed burned down, criminal liability is not excluded.

On the objective side, intentional damage to other people's property can be expressed in the form of destruction and damage. Destruction of property is its destruction, the termination of its existence. Damage to property is its damage or breakdown.

The corpus delicti is material and in order to bring a person to justice there must be consequences - property damage. Article 167 of the Criminal Code applies regardless of who the damage is caused to: the organization or the citizen. A causal relationship between action and consequences is a mandatory feature for this crime. Damage to another's property for qualification under this article shall be expressed in the form of intent.
The subject of the crime under Part 1 is a citizen who has reached the age of 16, and under Part 2 - 14 years.
Pi of this, according to part 2 of the article, persons who have committed property damage are involved:
- from hooligan motives, means that it was committed without any reason or it is not significant, on the basis of this person’s obvious disrespect for generally accepted norms and society;
- in a generally dangerous way in which significant property damage has been caused. It can be an explosion, arson, etc., that is, there must be some real danger to people, as well as other objects, in addition to the one on which the guilty intent was directed. Other generally dangerous methods include: collapse, flooding, etc .;
- and caused, therefore, through negligence, the death of another person, other serious consequences. If everything is clear with death, then the second concept in the law is not disclosed. Other serious consequences, for example, include causing serious physical damage, causing harm to several persons, etc.

Damage to property may also occur through negligence. Section 168 provides for such a case. A person may be attracted under this article only in cases when large-scale damage has been caused in connection with careless handling of fire and other sources of increased danger. Large size is the value of the property, which is 500 times higher than the minimum wage, on the day the crime is committed.

In addition to the criminal, there is still administrative responsibility if property is damaged. Article 7.17 of the Code of Administrative Offenses provides for administrative responsibility if the actions did not entail causing significant damage.

When deciding on the significance of the damage caused, it is necessary to proceed not only from the value of the property itself, but also from other significant circumstances, which include: the material situation of the person who was harmed, the financial situation of the organization, the significance of the lost thing to the owner. Only an individual can be held administratively liable for damage to other people's property, however, as well as to criminal liability.
In order to protect yourself and your property from destruction or damage to it by another person, it is advisable to insure it. In the future, this may not be out of place.

Source: https://habr.com/ru/post/A10578/

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