LawCausing Harm

Damage to property. Article on which the actions of the guilty must be qualified.

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

Article 167 of the Criminal Code applies to persons who committed damage intentionally. An obligatory requirement to attract under this article is that the property must not be the property of the person who damaged it or destroyed it. However, if along with their property, someone else's property was destroyed, for example, as a result of the arson of their own house, a neighbor's barn burned down, criminal responsibility is not ruled out.

On the objective side, intentional damage to another's property can be expressed in the form of destruction and damage. Destruction of property is his extermination, the cessation of his existence. Damage to property is damage or damage.

The nature of the crime is material and consequences must be brought to the account of the person to damage the person - damage to property. Article 167 of the Criminal Code applies regardless of who caused the damage: organization or citizen. The causal link between action and consequences is an indispensable sign for this crime. Damage of another's property for qualification under the specified article should be expressed in the form of intention.
The subject of the crime under Part 1 is a citizen who has reached the age of 16, according to part 2 - 14 years.
This, according to Part 2 of the article involved persons who committed property damage:
- out of hooligan motives, means that it is committed without any reason or it is not significant, on the basis of the obvious disrespect of this person to generally accepted norms and society;
- a generally dangerous way, which caused significant property damage. It can be an explosion, arson, etc., that is, there must be some real danger to people, as well as other objects, besides that to which the intent of the guilty was directed. Other generally dangerous methods include: collapse, flooding, etc .;
- and caused, therefore, by imprudence the death of another person, other grave consequences. If everything is clear with death, then the second concept in the law is not disclosed. Other serious consequences, for example, include causing severe physical damage, causing harm to several persons, etc.

It can also happen by negligence damage to property. Article 168 provides for such a case. A person can be brought under this article only if a large amount of damage is caused due to careless handling of fire, other sources of increased danger. A large size is the value of the property value, which is 500 times higher than the minimum wage at the day of the crime.

In addition to criminal, there is still administrative responsibility, if property damage is committed. Article 7.17 of the Code of Administrative Offenses provides for administrative liability, if the actions did not cause 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 financial position of the person to whom the harm was caused, the financial position of the organization, the significance of the lost property for the owner. To administrative responsibility for damage to someone else's property, however, as well as to criminal property, only an individual can be attracted.
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 superfluous.

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