Art. 214 of the Criminal Code. Vandalism: the composition of the crime, punishment, commentary

Vandalism is one of the forms of destructive (deviant) deviation from accepted in society principles of human behavior. Actions are accompanied by the desecration or destruction of objects of culture, art, other property of special value. It can be objects belonging to a society or a citizen.

Historical reference

The meaning of the term refers to the East German Vandal tribe. At one time they plundered Rome. In the year 455 the vandals took out of the city a lot of works of art and jewelry, prisoners for subsequent 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, meaning then the actions of the army of the French Republic. English sources focus on the legal aspect of the deed. In particular, they say that the vandal is a person who, intentionally or due to his own ignorance, destroys items owned by other people.

Domestic legislation

According to Art. 214 of the Criminal Code of the Russian Federation, vandalism - desecration of structures and buildings, damage to property in public transport or other public places. Such actions are sanctioned in the form of:

1. The fine is up to 40 thousand rubles or in the amount of income of the perpetrators for a period of up to three months.
2. Up to 360 hours of compulsory work.
3. Up to three months of arrest.
4. Up to one year of correctional labor.

Vandalism (Article 214 of the Criminal Code): the offense with aggravating factors

The above actions can be carried out:

1. A group of citizens.
2. Because of racial, political, national, ideological or religious hatred / enmity or motivated against any social community.

In such cases, for vandalism (Article 214 of the Criminal Code), the penalty is as follows:

1. Restriction of freedom.
2. Forced labor.
3. Conclusion in prison.

The duration of these sanctions is up to 3 years.

Vandalism (Article 214 of the Criminal Code of the Russian Federation): commentary

The threat to society in the performance of the above actions, unlike hooliganism, is not only that they violate order in a rude manner, encroach on the calm of citizens, do not correspond to moral standards. Vandalism (Article 214 of the Criminal Code) is accompanied by damage to property through the desecration of buildings / buildings, damage to goods in transport or in other places of public use. These same signs make it possible to distinguish the act from hooliganism, which is committed for hostile reasons. When, together with the desecration of buildings and damage to property, the subject commits acts falling under the norm of 213, his general behavior is qualified according to the totality of the articles (that is, together with Article 214 of the Criminal Code of the Russian Federation ("Vandalism"), which is explained in the Resolution of the Plenum of the Armed Forces in para. 15. It must also be said that the defilement / damage of cultural objects inflicts spiritual harm as well.

Subject of the act

Vandalism (Article 214 of the Criminal Code of the Russian Federation) is directed at buildings erected by people, that is, immovable structures that differ in their functional purpose. So, they can be used for living, training, professional activities, storing valuables, holding mass cultural or sports events and so on. These objects can be in individual, public or collective use (fence, ground parts of pipelines, bridges, stadiums, etc.). The subject of the crime is any property in a public place or transport. These can be seats, lights, glass, car bodywork, equipment, traffic lights, doors, walls of premises, cinemas, entertainment centers, clubs, constructions located in recreation parks, attractions, toilets, control panels, negotiation devices and so on. Damage to forest plantations, natural structures, movable property belonging to private individuals, does not fall under Art. 214 of the Criminal Code of the Russian Federation ("Vandalism").

Specificity

The objective side of vandalism (Article 214 of the Criminal Code) is characterized by actions that offend public morality. The conduct of the perpetrator is accompanied by desecration, which involves various manipulations. At their implementation, public buildings, buildings or parts thereof, as well as other public property, are rendered disfiguring. This can be expressed in indecent inscriptions, drawings, profanity. Insulting the morality of actions include gluing of reproductions, poems, immoral posters, damage to cultural monuments, signboards, bas-reliefs, doors and their artistic parts, pollution of structures with sewage, coloring substances. Vandalism is also recognized as mockery of the historical and spiritual values adopted in society. For example, it could be the placement of Nazi symbols on the monument to fighters against fascist invaders, the imposition of images or inscriptions on religious buildings that offend the feelings of believers.

Exceptions

According to Art. 214 of the Criminal Code ("Vandalism") does not deal with acts that are aimed at insulting moral values or not designed for social reaction. For example, it is not considered a crime to inflict profanity on the fence of an abandoned building, placing amoral drawings in a deserted place. Also, it will not be an unauthorized act to unauthorizely place inscriptions / illustrations that do not contradict the moral principles of society. For example, it can be artistic images on walls or fences of structures of birds, animals, nature.

Corruption of objects

It is understood as damage, destruction or destruction of property, bringing it into partial or complete inaccessibility for further public use according to purpose in one way or another. If the behavior is accompanied by intentional damage / destruction of items on a large scale or causes considerable damage, the act falls not only under art. 214 of the Criminal Code of the Russian Federation ("Vandalism"), but also under the rule of 167. When committing a crime for mercenary motives, 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 he wants to commit them. You can bring to account a sane 14-year-old natural person. As a public place is the territory, space, in transport including, which is allocated for public use. The crime is recognized as formal. The act will be considered completed from the moment or execution of actions, which are expressed in the desecration or direct damage of property.

Conclusion

The composition of the crime under this article is recognized as adjacent to mass riots, deliberate damage / destruction of cultural monuments, hooliganism, abuse of burial sites, and the reduction of transport (roads). The difference between these acts and vandalism is the subject of encroachment and the place of its commission. If the latter is accompanied by the actions established in Art. 282, the prosecution is carried out according to the set of norms. This explanation is given in the resolution of the Plenum, in paragraph 11.