The article for damage to other people's property in the Criminal Code indicates the procedure for the implementation of punishments, which depends on the method and degree of harm. A thing can be completely damaged, unsuitable for further use and cannot be repaired due to deliberate targeted destruction.
The law and investigators have different attitudes towards violators who caused damage to people by their negligence. Be that as it may, you still have to answer, and the court will figure out what article to impose a penalty for damage to other people's property.
Determining the degree of guilt
According to the law, for unlawful acts in relation to the property of others, pests are liable for:
If a specific item is damaged to such an extent that it becomes unsuitable for further use, this is an article for damaging someone else's property. In legal proceedings, when considering cases, it is important to determine the factors:
- committing an act;
- what are the consequences of misconduct;
- the presence of a causal relationship between the action and the result.
The law does not condemn damage, but for destroyed and damaged objects, therefore, all aspects are considered. Judicial prosecution can be made not only for actions, but also for inaction. For example, a person sees a short circuit in the wiring and the beginning of smoldering of wires, while leaving quietly, without undertaking a fire prevention. Therefore, the court carefully understands the circumstances of the incident before determining the article for damage to other people's property.
Signs of administrative responsibility
For damage to property with an estimate of the cost not exceeding 5,000 rubles, the penalty is provided for under the Code of Administrative Offenses of the Russian Federation, Art. 7.17. During the trial, evidence will be gathered to ascertain the intent and guilt of the subject. For the onset of administrative responsibility, the following acts are characteristic:
- damage to glazing in the openings of buildings;
- the presence of scratches on the surfaces of the car;
- broken dishes in catering establishments;
- electrical wiring break;
- damage to clothing, shoes, household appliances.
To find out the reasons for detecting problems in objects, the following is carried out:
- witness survey;
- information is removed from technical devices;
- View video observation data.
When determining the obvious signs and proven guilt, the law enforcement body will institute administrative proceedings, and which judge will determine which article for damage to the property of the attacker will be determined by the justice of the peace.
The penalties are moderate, their size does not exceed 500 rubles, while the perpetrator is given the right to appeal court decisions. There are statutes of limitations for administrative offenses. After 3 months, the case is terminated if the guilty party is not found out and the punishment is not assigned.
What do malicious intentions mean?
For intentional damage to property of others, the article provides for a more serious, in contrast to responsibility for administrative offenses. In the Criminal Code, the acts falling under the qualification of this area are divided into parts for the accuracy of experts' assessment of the severity of the committed action.
All unlawful intentions belong to the category of cases considering the destruction or damage of things. In this case, you should know that the crime is endowed with elements:
- object - attitude to property;
- subject - movable or immovable property.
Intentional damage to another's property under article of the Criminal Code of the Russian Federation No. 167 suggests that an assault was committed:
Causing things if they are not their own is punishable. For any violent means that human intent is capable of, sanction will be imposed. When committing damage to another's property, the article of the Criminal Code mainly indicates malicious motives with the presence of signs:
- hooliganism;
- to sweep;
- desire for profit.
Legal Aspects:
- material intentions belong to the offense;
- sane adults reflect the subject;
- the subjective side is direct and indirect intent.
To deliberately destroy a thing means to bring it into a state where it is impossible to fix it.
Level of punishment
If significant damage is proved due to damage to other people's property, an article of the Criminal Code of the Russian Federation contains a list of punishments:
- penalties in the amount of 40,000 rubles or deprivation of quarterly earnings;
- mandatory work for 360 hours;
- correctional labor for a year;
- forced labor for 2 years;
- three month arrest;
- 2 years imprisonment.
Significant damage is considered from 5,000 rubles.
What is the difference between atrocities?
Even malicious offenses are legally divided into categories where the level of punishment depends on circumstances and factors. In the Criminal Code under Art. 167 h. 1 person will be convicted if proven guilty for committing:
- intentional arson of another's property;
- destruction of possessions using explosive substances, creation of dangerous devices;
- flooding of buildings with intent.
The degree of punishment can increase dramatically if, after an investigation of malicious acts, it turns out that people's health has been damaged or a death has occurred:
- deprivation of liberty for 5 years;
- forced to perform work for up to 5 years.
Hooligan motives - when moral principles are violated, adverse consequences occur.
What is vandalism?
Crimes may have similar characteristics in objects and objects, if they are aimed at the destruction of property. But vandalism is condemned under another article - 214 of the Criminal Code. Distinctive features of vandalism from the intentional destruction of things lies in objects. In case of intentional damage to values, the criminal encroaches on objects of a specific person:
- money;
- household equipment;
- an apartment;
- a car.
Vandals destroy historical sites, desecrate monuments, spoil public transport.
Adverse effects
It is undesirable for every person to lose property through the fault of an outsider. But the spoiled objects used by society, and they are important to it, or how memory matters to the whole population. Therefore, such a serious attitude of lawmakers to such crimes.
The qualification of guilt depends on the circumstances in which the act was committed. If damage is caused to the transport by spoiling the seats or if the wall of the building is damaged by the pattern, the judge may limit himself to compensation for losses, work or fines. But when hatred joins the act:
- political;
- racial;
- religious;
- national - will have to bear responsibility in conjunction with article 213 of the Criminal Code.
By various methods, state bodies not only condemn vandalism, but also try to prevent unlawful acts with preventive measures.
How does the law relate to negligence?
Article 168 of the Criminal Code “Damage to another's property” as amended by the Federal Law No. 162. Here are cases, standards, penalties for committing unintentional misconduct, but which can cause damage to society or individuals with significant consequences. Causing harm may be carried out:
- smoking with a fire in the premises;
- uncontrolled operation of electrical appliances;
- improper use of tools;
- commercial products during unloading or loading operations;
- technical mechanisms due to malfunctioning.
The prosecution of citizens for unintentional crimes occurs when there are victims who have:
- lost housing;
- damaged living conditions;
- completely or partially destroyed the machine;
- organization work is terminated;
- disconnected water supply, electricity, gas.
Competent authorities investigate the incident, identify the perpetrators and the degree of guilt.
Methods and level of punishment
If damage to someone else’s property has occurred, and Article 168 of the Criminal Code of the Russian Federation indicates that the punishment will inevitably follow, as damage was caused due to negligence, and someone should compensate it. When the guilty person does not resolve the issue by pre-trial proceedings, which means a peaceful agreement with the injured subject, it means that the court will have to figure it out, calculate the losses.
Under this article, one of the punishments awaits the guilty person:
- penalties in the amount of 120,000 rubles or will have to pay an annual salary;
- working out on obligatory works - 480 hours;
- 2 years of forced labor;
- forced employment throughout the year;
- restriction or imprisonment for a year.
Criminal prosecution in any case is possible for significant consequences from the commission of an unlawful act, expressed in monetary terms. It should be noted that for the destruction of another's property for various reasons, liability begins from the age of 14. It is believed that at this age a person should be aware of what he is doing.
Even if he does not have the means to recover damages for burned-out forest lands, his tutors who did not teach how to use matches will answer. To determine the extent of the damage caused, private persons turn to the local administration, managing communications of the institution, to the district - it depends on the source of the damage. A commission is formed from the tenants and employees of the departments, whose members measure and calculate the loss incurred. After unsuccessful attempts to resolve the problem peacefully file a lawsuit.