Damage to property is called actions that caused harm to this property (deterioration, loss of useful properties, disabling). There are several articles in the Criminal Code that consider such actions. Most often these are articles 167, 168, 214. Let us consider in more detail.
According to article 167 of the Criminal Code, damage to property with significant damage will be punished with a fine of 50-100 minimum wages or correctional labor (up to two years). If the act resulted in the death of a person (and other grave consequences), the perpetrator faces imprisonment (maximum 5 years).
The object of a crime can be any property of material value. Significant damage also includes the destruction of property (deterioration, or the termination of physical existence - dissolution in acid, burning, etc.) when the damaged property cannot be restored (or repaired), as well as possible further losses.
There must be a connection between the act and the consequence. Damage to property may be either accidental or intentional. With direct intent, the perpetrator damages (destroys) the property intentionally (intentional damage to property).
An act is qualified under this article if the damaged (destroyed) item is not placed under the protection of other criminal law norms (Articles 243, 244, 267) and in the absence of more serious crimes (Articles 205, 213).
In addition, it takes into account how dangerous the crime was (arson, explosions, use of chemical and radioactive substances).
Even the indirect intent that caused the death of people is qualified already under the 105th article of the Criminal Code (part 2). Been prosecuted from the age of 14.
According to article 168 , property damage (as well as its complete destruction) is also punishable by fines (but already larger ones - up to 200 minimum wages) or imprisonment (up to two years), or correctional labor (up to a year).
If grave consequences have led to careless handling of high-risk sources, a fine of up to 500 minimum wages or imprisonment (maximum 2 years) is imposed. The sources of particular danger include vehicles, gas equipment, electrical equipment, firearms, explosives , etc.
Article 214 of the Criminal Code considers:
- desecration of structures (applying various kinds of images and inscriptions; gluing posters or photographs; staining with paints, sewage; disfiguration; damage to integrity;
- damage to property in a public place (including in transport).
The corpus delicti does not bear the placement of images and inscriptions that do not offend generally accepted moral and artistic values: political advertisements, informational messages, etc. The desecration of property of a movable that did not entail damage to it is not considered a crime.
Abuse of graves by nature and purpose can also be considered vandalism. Actions of this nature are examined in article 244 of the Criminal Code.
Vandalism aimed at intentionally damaging (destroying) especially valuable property (with significant damage) has the qualifications of the article under review, as well as the 167th article of the Criminal Code.
Delicacy occurs upon reaching fourteen years of age. The motives of vandalism, as a rule, are hooligan: disregard for social norms, disrespect for cultural values, etc. There may also be traced mercenary motives: illegal possession of part of the property.
Such acts may fall under the classification of crimes against property in conjunction with other articles.
One of the main documents provided in court is an act of damage to property, a sample of which can be found on specialized legal websites on the Internet.