LawCriminal law

Damage to property

Damage property refers to the actions that caused damage to this property (deterioration of the state, loss of useful properties, deterioration). There are several articles in the Criminal Code dealing with 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 entailed the death of a person (and other grave consequences), the culprit faces imprisonment (maximum 5 years).

The object of the crime may be any property that has material value. The destruction of property (deterioration or the cessation of physical existence - dissolution in acid, burning, etc.) also applies to significant damage when the damaged property of restoration (or repair) is not subject to, as well as possible further losses.

Between the act and the consequence, there must necessarily be a connection. Damage to property can be either accidental or made with intent. With the direct intent of the guilty, it damages (destroys) the property intentionally (deliberate damage to property).

The act is qualified according to this article if the damaged (destroyed) item is not protected by other criminal law provisions (arts. 243, 244, 267) and in the absence of more serious crimes (articles 205, 213).
In addition, it is taken into account how common the crime was (arson, explosions, use of chemical and radioactive substances).

Even the indirect intent, which caused the death of people, is already qualified according to Article 105 of the Criminal Code (part 2). Criminal responsibility is brought from 14 years.

According to Article 168 , the damage to property (as well as its complete destruction) is also punishable by fines (but already larger - up to 200 minimum wages) or by imprisonment (up to two years) or by correctional labor (up to a year).

If the grave consequences caused the inaccurate treatment of high-risk sources, a fine of up to 500 minimum wages or imprisonment (maximum 2 years) is imposed. The sources of special danger include vehicles, gas equipment, electrical equipment, firearms, explosives , etc.

Article 214 of the Criminal Code considers:

  • Desecration of structures (drawing of various kinds of images and inscriptions, gluing of posters or photographs, smearing with paints, impurities, disfigurement, damage to integrity,
  • Damage to property in a public place (including in transport).

The composition of the crime is not the placement of images and inscriptions that do not offend the generally accepted moral and artistic values: political advertisements, information messages, etc. The defilement of the property of a movable person, which did not lead to damage, is not considered a crime.

Abuse of graves by nature and purpose can also be considered vandalism. Actions of this nature are covered by Article 244 of the Criminal Code.

Vandalism, aimed at the deliberate damage (destruction) of particularly valuable property (with significant damage), has the qualification of the article in question, as well as Article 167 of the Criminal Code.

Delicacies occur after the age of fourteen. The motives of vandalism, as a rule, are hooliganism: disregard for social norms, disrespect for cultural values, etc. There can also be traced motives: illegal seizure of a part of property.

Such acts may fall under the qualification of crimes against property in conjunction with other articles.

One of the main documents provided in court is the act of damage to property, a sample of which can be found on specialized legal websites on the Internet.

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