One of the concluding articles in the section of the Criminal Code of the Russian Federation on crimes against other people's property is article 167. It is dedicated to another citizen who was committed intentionally. Let us consider the features of such crimes, the types of punishment corresponding to them and the specifics of the investigation of such cases.
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The difference between concepts
Although property is not damaged or destroyed as often as, the question of the interpretation of the norms of criminal law in relation to these actions is quite important, as it contributes to a fair verdict.
First, one should distinguish between an act of destruction or damage to property, committed intentionally, and one that was. It is the presence of intent - direct or indirect - that leads to the fact that the crime is classified under Article 167 of the Criminal Code of the Russian Federation.
Also, it is necessary to understand the essence of the concepts of "damage" and "destruction"
- Destruction is understood as such actions of an attacker, after which the owner of the destroyed object loses the opportunity to use its useful properties.
- Damage is, in fact, partial destruction. In other words, the owner will not be able to fully use the damaged item. This concept relatively and depends, as usual, on the results of peer review.
Another important point: damage to or destruction of any item in the property of another will be considered as criminal offense only when large size this property, that is high value. Otherwise, the offense of destroying or damaging someone else's property will be considered administrative.
Qualification of intentional destruction or damage to another's property
In the Code of Administrative Offenses, as well as in Article 167 of the Criminal Code of the Russian Federation, dedicated to the deliberate damage or complete destruction of another's property, there are two parts that qualify this crime and complement one another.
Part 1, article 167
Here we are talking about damage or destruction of someone else's good, which caused serious damage. Persons over 16 years of age may be punished for such an act. The subject is material values, the loss of which - complete or partial - causes significant damage to their owner. Property can be movable or immovable, but it must be materially expressed.
This issue causes controversy among lawyers, since according to such a formulation, the carriers of human ideas (cassettes, disks, manuscripts) are not material property. It is believed that their destruction does not entail the loss of the idea itself. However, in some cases this is not the case. Carriers presented in a single version, after destruction, nevertheless entail the loss of the idea and significant damage. On this moment this question remains open.
Part 2, article 167
The second part deals with cases of damage or destruction of property, for the implementation of which the offender resorted to public dangerous actions(explosion,), or in such a way organized the destruction / damage that, due to his negligence, a person died or was injured.
Of course, the severity of such an act is greater. Therefore, persons who have reached at least 14 years of age are held accountable for it. It should be clarified that if the offender, committing a crime classified by another article of the Criminal Code, destroys evidence, Article 167 does not additionally apply.
Investigation
Since the acts falling under the first part of Article 167 are perceived as simple damage / destruction of property, the main method of investigating the relevant case is inquiry.
The second part of this article refers to a qualified crime against property, the investigation of which takes place in the form of a preliminary investigation.
Starting a business
The reason for initiating a criminal case is usually the victims, eyewitness accounts, press reports.
Urgent proceedings are initiated in several cases:
- There are dead or injured people;
- There are signs of a deliberate explosion or arson;
- There is a suspicion that another crime is hidden behind the arson or explosion (that is, the attacker covered his tracks);
- The material damage to the victim was inflicted on an especially large scale.
In addition, the composition of the corresponding part 2 of part 167 of article of the crime can be discovered in the course of clarifying the main causes of a fire or explosion.
The main questions of the investigation
In addition to examining the crime scene, victims and witnesses are interviewed. The investigator without fail tries to get answers to such important questions:
- When, where and under what circumstances did the destruction of public property take place? in a dangerous way(explosion, fire)?;
- Events that preceded the arson or explosion;
- the duration of the fire;
- Who is the owner of the destroyed or damaged object?;
- A list of damaged property and the amount of damage incurred;
- The degree of significance of the damage to the victim;
- Presence/absence of casualties;
- Is the explosion or arson an attempt to hide evidence?;
- What is the cause of the fire?;
- The manner in which the explosion or arson was committed;
- Motives for the crime, the purpose of the explosion/arson;
- Who is responsible for what happened?
- Characteristics of the accused/criminal group.
First steps for the investigation team
First of all, the following actions are carried out:
- Inspection of the place where the crime occurred;
- Interrogation of victims and available witnesses;
- Appointment of a number of examinations: explosion or fire, according to the nature of the incident, as well as forensic examination, if there are victims;
- Detention of a person on whom suspicion falls, his examination and interrogation.
Further actions
After the arrest of the suspect, he is interrogated, as well as repeated interrogations of witnesses and victims. After that, the collected readings are checked on the spot.
At this stage, several more types of expertise are assigned: technological, materials science, traceability (analysis of physical evidence) and electrical engineering. Next, we will tell you about the responsibility for deliberate destruction or damage to someone else's property, committed out of hooligan or any other motives.
Responsibility and punishment
For the intentional commission of actions to destroy or damage someone else's property, criminal liability is provided for under Article 167 of the Criminal Code of the Russian Federation.
For acts falling under part 1 of this article, the punishment is expressed as:
- Fine (up to 40,000 rubles);
- Confiscation of income for a period of up to three months;
- Compulsory works (maximum - 360 hours);
- Correctional labor (up to a year);
- Forced labor (up to two years);
- Arrest (maximum - for three months);
- Imprisonment (up to two years).
The second part provides for a more severe punishment: forced labor or imprisonment for a maximum of five years.
If there is intentional damage to someone else's property, this is a completely different article. Damage to property (Article 168) provides for causing damage to property intentionally. The property represents material value, and its damage entails causing damage to the victim. Damage to property means its physical liquidation if it ceases to exist at all or loses its economic significance.
What is the penalty for damaging someone else's property?
When damaged, the thing largely loses its value and the ability to use for its intended purpose. Destroyed is the thing that completely loses its properties and can no longer be used (or simply no longer physically exists). In the event that damage is done by the owner himself, this is in most cases a completely legal action. Ownership of property also implies the right to dispose of a thing up to its complete destruction.
Criminal Code of the Russian Federation
Article 167
2. The same deeds committed by arson, explosion or in any other generally dangerous way, or negligently causing the death of a person or other grave consequences, are punishable by deprivation of liberty for a term of up to five years.
1. Deliberate destruction or damage to someone else's property is recognized as a criminal offense provided that significant damage is caused. The issue of significant damage must be decided on the basis of the specific circumstances of the offense.
In connection with this criminal law, there is criminal liability in the event that damage to property is committed. Article 167 of the Criminal Code applies to persons who have committed damage intentionally. An obligatory requirement of involvement under this article is that the property should not be the property of the person who damaged or destroyed it. However, if, along with one’s own property, someone else’s property is also destroyed, for example, as a result of arson own house the neighbor's barn burned down, criminal liability is not excluded. From the objective side, intentional damage to someone else's property can be expressed in the form of destruction and damage.
Child spoils property
I did it, tried very hard, but I don’t know if it worked out, looking upset, collected the pieces and put everything away. So now I don’t know how to react so that such situations do not happen again.
The fact is that it all started with the fact that Dima began to pour water from a drinking mug, so for the sake of pampering - I just can’t figure out how to react correctly so that the child understands that this is not such a fun game, but water on the floor, on the carpet and on the sofa.
The child damaged someone else's property
1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, shall be subject to compensation in full by the person who caused the harm. 1. For the harm caused to a minor under fourteen years of age (juvenile), his parents, adoptive parents or guardians shall be liable, unless they prove that the harm was not caused by their fault. At the request of the victim and in his interests, the court has the right to impose on the persons who jointly caused harm, liability in shares, determining them in relation to the rules provided for in paragraph 2 of Article 950 of this Code. Satisfying the claim for damages, the court, in accordance with the circumstances of the case, obliges the person responsible for causing the damage to compensate for the damage in kind (provide a thing of the same kind and quality, repair the damaged thing, etc.) or compensate for the losses caused (paragraph 2 of Article 14).
168 - for the destruction or damage to another's property on a large scale, committed through negligence. Unlike the previously considered crimes against property, in these cases the perpetrator does not have a mercenary motive, since he does not receive any material benefit as a result of the crime. * Destruction by a person of items or documents belonging to him on the right of ownership that have historical or cultural value, constitutes a crime under Art.
Destroyed someone else's property
The phone was faulty, this friend even wanted to give it to someone from the class, the matter ended with the fact that everyone slowly began to disassemble the phone, that is, many people took part in the “case”. No one was particularly interested in where and how the phone was found. They drowned the phone, broke off the camera, speaker, in short, everyone was actively interested in its device. Then this friend came up with an idea: let's bang him against the wall! Banged himself and offered mine! Mine blew too! Then the teacher caught them, and it turns out the day before the girl from another class lost her phone! That is, this phone is hers! Conducted an investigation.
Rostov Mom
cars parked near garages. All last summer they tried to fight different ways: 5.
they are constantly chased by those people who are going to sit quietly and calmly near their garage after work - or 0 reactions or snarl / throw something that doesn’t hit. I’m really puzzled by this question for the second year. On the one hand, I do not at all share the tactics of those people who beat other people's children, on the other hand, if at least once in front of my eyes, some little muck with a cigarette in my mouth threw it at my car, which costs more than a lemon with a stone, I don’t know I would have held my own. The situation that happened yesterday: running around garages, throwing stones / branches from them, we were sitting near the garage.
Intentional destruction or damage to property
The issue of significant damage should be decided taking into account the cost, quantity and special value of the destroyed or damaged property. The subject of this crime may be a sane person who has reached the age of 16, and in the presence of aggravating circumstances (part 2 of article 167 of the Criminal Code of the Russian Federation) - from the age of 14. The subject of a crime can be any property, movable and immovable, even withdrawn from civil circulation, except for those items, the destruction or damage of which entails an independent crime (Art. 214, 267, 325). This act can be committed both with direct and indirect intent.
Because even if you keep an eye on the children, there is damage to something by negligence. For example, a vase is on the floor, and the child ran and accidentally touched it.
but she immediately said that this was nonsense and never mentioned it again, she behaved so delicately that my conscience did not even torment me until I read your topic today. on the other hand, then they were at our house and her child sat on our thing and broke it - I didn’t tell her anything either, although I didn’t remember about the vase, to be honest.
And I want to hear, what would you do in a situation where your child dropped something, knocked it over, broke it? - You are just jealous of people who can see something funny and beautiful in every moment of life. In this case, the mother is just having fun, I would do the same, why not? It's fun, and me and the children, they will understand everything. - I was immediately transported to childhood, when my mother taught me to go unearthly to the zoo, to ride for free on a swing.
Legal reminder for teenagers and their parents
The presence of a teacher during interrogation does not cancel the participation of a lawyer in it. Moreover, if a teenager is already 14 years old (up to 16 years old), but he is infantile, poorly oriented in reality, or is a victim in a case that can harm his psyche, a teacher can also be called to him.
The age of the child is determined exactly by the date. Let's say at 15 years 11 months and 29 days a teenager is still considered 15 years old. A teenager under the age of 16 is not subject to criminal liability.
Intentional destruction or damage of someone else's property, if these acts caused significant damage, -
1. Deliberate destruction or damage to another's property is recognized as a criminal offense provided that significant damage is caused. The issue of significant damage must be decided on the basis of the specific circumstances of the offense. The significance of destroyed or damaged property is determined not only by its value, but also by its quantity or special value.
shall be punishable by a fine in the amount of fifty to one hundred minimum dimensions pay or in the amount wages or other income of the convicted person for a period of up to one month, or by compulsory labor for a term of one hundred to one hundred and eighty hours, or by corrective labor for a term of up to one year, or by arrest for a term of up to three months, or by deprivation of liberty for a term of up to two years.
2. The same deeds committed by arson, explosion or in any other generally dangerous way, or by negligence resulting in the death of a person or other grave consequences, are punishable by deprivation of liberty for a term of up to five years.
2. The subject of a crime can be any property, both movable and immovable, including those withdrawn from civil circulation, except for those items, the destruction or damage of which forms an independent corpus delicti (art.,).
3. The destruction of someone else's property involves the unlawful bringing of property into complete unsuitability for its intended purpose, when it completely loses its economic value.
4. Damage to property involves bringing it into partial disrepair. As a result of damage, the property loses only part of its intended purpose. At the same time, the property cannot be usable without its restoration and correction.
5. The subject of this crime can be sane persons who have reached the age of 16, and in case of intentional destruction or damage to property under aggravating circumstances (), criminal liability comes from the age of fourteen ().
6. A crime can be committed with both direct and indirect intent. The motives and purpose of the actions of the perpetrator do not matter. Nevertheless, their establishment is necessary to distinguish this crime from other socially close ones. dangerous acts. For example, the destruction or damage to someone else's property out of hooligan motives should be qualified according to.
7. Destruction by the guilty person of property stolen by him in order to hide the traces of the crime is covered and does not require additional qualification under this article.
8. A mercenary motive for the destruction or damage of someone else's property may take place when this crime is committed for a reward, “on order”.
9. Destruction or damage to property by arson, explosion or in any other generally dangerous way is recognized as actions that have great destructive power and create a danger of death of people and causing other grave consequences. They can be flooding, poisoning of animals, organizing a transport accident, etc.
10. If, as a result of arson, explosion or other generally dangerous acts, the property was not destroyed or damaged for reasons beyond the control of the perpetrator, the deed is qualified under this Article.
11. Human casualties should be understood as the death of at least one person.
12. Other grave consequences should include causing serious harm to human health (art. and), causing significant property damage to many people or major damage to the victim, leaving him without shelter, food, clothing. This also includes a long-term suspension or disorganization of the work of an enterprise, institution, organization.
13. In the decision of the Plenum of the Supreme Court of the USSR of March 2, 1989 No. “On the practice of application by the courts of legislation in cases related to fires” it is noted that the burning of certain things and objects that did not create a threat of harm to citizens, as well as the destruction or damage to other property should be qualified based on the nature and severity of the consequences specified in the article on liability for intentional destruction or damage to property (see Bull. USSR Supreme Court, 1989, No. 3, p. 12).
14. The mental attitude of the perpetrator to the consequences provided for in this article can only be expressed in negligent guilt. If death or other grave consequences are caused with direct or indirect intent, the deed is qualified in conjunction with the relevant articles of the Criminal Code on crimes against a person.
