Vandalism is one of the forms of destructive (destructive), deviating from the principles of human behavior accepted in society. Actions are accompanied by desecration or destruction of cultural objects, art, other property of particular value. It can be objects belonging to the company or citizen.
Historical reference
The meaning of the term refers to the East Germanic tribe of vandals. At one time they plundered Rome. In the 455th year, the vandals removed from the city many works of art and jewelry, prisoners for the subsequent receipt of a ransom. The invaders were famous for the absence of any culture, savagery. This is probably due to the persecution of Catholic ministers, the destruction of churches in northern Africa. The very concept of "vandalism" appeared during the French Revolution. The term was first used by Henri Gregoire in 1794. Being then a member of the General Staff Convention, he made a report on the issue of destruction and means of combating them. Gregoire urged to stop the destruction of monuments that make up the cultural heritage, bearing in mind then the actions of the army of the French Republic. English sources focus on the legal aspect of the act. In particular, they say that the vandal is a person who, intentionally or due to his own ignorance, destroys objects belonging to the right of ownership to other persons.
Domestic law
According to Art. 214 of the Criminal Code of the Russian Federation, vandalism - the desecration of structures and buildings, damage to property in public transport or other public places. For such actions sanctions are established in the form of:
- A fine of up to 40 thousand rubles or in the amount of the guilty income for a period of up to three months.
- Up to 360 hours of required work.
- Up to three months of arrest.
- Up to a year of corrective labor.
Vandalism (Article 214 of the Criminal Code of the Russian Federation): elements of a crime with aggravating factors
The above actions can be carried out:
- A group of citizens.
- Due to racial, political, national, ideological or religious hatred / enmity or for motives directed against any social community.
In such cases, for vandalism (Article 214 of the Criminal Code of the Russian Federation), the punishment shall be as follows:
- Restriction of freedom.
- Forced work.
- Imprisonment.
The duration of these sanctions is up to 3 years.
Vandalism (Article 214 of the Criminal Code): comment
The threat to society in the performance of the above actions, in contrast to hooligan acts, is not only that they violate order in a rude manner, encroach on the peace of citizens, and do not comply with moral standards. Vandalism (Article 214 of the Criminal Code of the Russian Federation) is accompanied by damage to property through desecration of structures / buildings, damage to things in transport or in other places of public use. These same signs make it possible to distinguish an act from hooliganism, which is committed for hostile reasons. When, together with desecration of structures and damage to property, an entity commits acts that fall under norm 213, its general behavior is qualified according to the totality of articles (that is, together with Article 214 of the Criminal Code of the Russian Federation (“Vandalism”). This explanation is given in the Resolution of the Plenum of the Armed Forces in paragraph 15. It must also be said that desecration / corruption of social and cultural objects causes spiritual harm as well, property relations act as an additional object.
Subject of action
Vandalism (Article 214 of the Criminal Code of the Russian Federation) is aimed at structures erected by people, that is, immovable structures that differ in their functional purpose. So, they can be used for living, studying, professional activities, storing valuables, holding mass cultural or sports events and so on. These objects can be in individual, public or collective use (fence, surface parts of pipelines, bridges, stadiums, etc.). The subject of a crime is any property in a public place or transport. This can be seats, lighting fixtures, glass, a car body, equipment, traffic lights, doors, walls of rooms, cinemas, entertainment centers, clubs, structures located in recreation parks, attractions, toilets, control panels, devices for negotiations and so on. Damage to forest plantations, natural structures, personal property owned by private individuals, does not fall under Art. 214 of the Criminal Code ("Vandalism").
Specificity
The objective side of vandalism (Article 214 of the Criminal Code of the Russian Federation) is characterized by actions that offend public morality. The behavior of the perpetrator is accompanied by desecration, which involves various manipulations. During their implementation, public buildings, buildings or their parts, as well as other public property, are given a disfiguring appearance. This can be expressed in the application of obscene inscriptions, drawings, profanity. Offenses against morality are considered to be sticking of reproductions, poems, immoral posters, damage to cultural monuments, signboards, bas-reliefs, doors and their artistic parts, pollution of structures with sewage, coloring materials. Vandalism is also recognized as mockery of historical and spiritual values accepted in society. For example, it can be placing Nazi symbols on a monument to fighters against fascist invaders, drawing images or inscriptions on religious buildings that offend the feelings of believers .
Exceptions
According to Art. 214 of the Criminal Code of the Russian Federation ("Vandalism"), actions that are aimed at insulting moral values or not designed for public reaction are not considered. For example, drawing profanity on the fence of an abandoned structure, placing immoral drawings in a deserted place is not considered a crime. Also, it will not be an unlawful act to arbitrarily place inscriptions / illustrations that do not contradict the moral principles of society. For example, it can be artistic images on the walls or fences of structures of birds, animals, nature.
Item damage
Under it is understood damage, destruction or destruction of property, bringing it into partial or complete unsuitability for further public use according to the purpose of one way or another. If the behavior is accompanied by intentional damage / destruction of objects on a large scale or causes significant damage, the act falls not only under Art. 214 of the Criminal Code ("Vandalism"), but also under the norm 167. When committing a crime for personal gain, it is considered in conjunction with an encroachment on property.
Additionally
The subjective part includes direct intent. A citizen understands that his actions are illegal, but wants to commit them. Responsible can be sane 14-year-old individual. The territory, space, including transport, which is allocated for public use, acts as a public place . The corpus delicti is recognized as formal. The act will be considered completed from the moment or the performance of actions that are expressed in the desecration or direct damage to property.
Conclusion
The corpus delicti under this article is recognized as adjacent to the riots, deliberate damage / destruction of cultural monuments, hooliganism, abuse of burial sites, rendering transport (communication lines) unusable. The difference between these acts and vandalism is the subject of the attack and the place of its commission. If the latter is accompanied by the actions set forth in Art. 282, then prosecution is carried out according to the totality of norms. This clarification is given in the resolution of the Plenum, in paragraph 11.