Damage, destruction or damage to someone else's property. What is significant damage under the Criminal Code of the Russian Federation Article 167 Part 1 of the Criminal Code

Full text of Art. 167 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 167 of the Criminal Code of the Russian Federation.

1. Intentional destruction or damage to someone else’s property, if these acts caused significant damage, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. , or arrest for a term of up to three months, or imprisonment for a term of up to two years.

2. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences, -
shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

Commentary on Article 167 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: main - social relations associated with property relations, regardless of its form;
2) objective side: intentional destruction or damage to someone else’s property, if these acts resulted in significant damage. Significant damage to a citizen is determined taking into account his property status, but cannot be less than 2,500 rubles. Destruction of property means rendering it unusable without the possibility of restoration and repair. Damage means the impossibility of full use of property, the functional properties of which can be restored through repairs;
3) subject: a sane individual - according to Part 1, who has reached 16 years of age; according to Part 2 - those who have reached 14 years of age;
4) subjective side: characterized by a mixed form of guilt - intentional guilt (direct intent) in terms of intentional destruction or damage to someone else’s property, and a careless form of guilt in terms of causing death to a person and other grave consequences.

The crime is considered completed from the moment of committing deliberate actions aimed at destroying or damaging someone else’s property.

The qualifying criteria include the same actions committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences (Part 2 of Article 167 of the Criminal Code of the Russian Federation).

2. Applicable law. Code of Administrative Offenses of the Russian Federation (Article 7.17 - Deliberate destruction or damage to someone else’s property, if these actions did not cause significant damage).

3. Judicial practice:
1) Resolution of the Armed Forces of the Russian Federation dated 06/05/2002 N 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire” (clause 9 - if in the event of destruction or damage to someone else’s property by arson or in another generally dangerous way, the perpetrator foresaw and wanted or did not want, but consciously allowed the occurrence of such consequences of his act as the death of a person or causing harm to the health of the victim, the crime committed constitutes a set of crimes provided for in Part 2 of Art. 167 of the Criminal Code of the Russian Federation and, depending. from intent and the resulting consequences, - paragraph 2 of Article 105 or paragraph 2 of Article 111 or Article 112, 115 of the Criminal Code of the Russian Federation - to grave consequences caused by negligence. as a result of the intentional destruction or damage of property (part two of Article 167 of the Criminal Code of the Russian Federation), include, in particular, the infliction of serious harm to the health of at least one person through negligence or the infliction of moderate harm to the health of two or more persons; leaving victims without housing or means of subsistence; long-term suspension or disruption of the work of an enterprise, institution or organization; long-term disconnection of consumers from life support sources - electricity, gas, heat, water supply, etc.);
2) citizen K. committed intentional damage to someone else’s property, causing significant damage, committed out of hooligan motives, by arson. The defendant committed the crime under the following circumstances. Citizen K. for no reason, from hooligan motives, while on<адрес>, went up to the door of the inter-apartment hall of apartments N 186 and N 187, folded the previously prepared paper under the above door, set it on fire, and, making sure that the door was on fire, disappeared from the crime scene. Thus, gr.K. by his actions, he set fire to the wooden door of the inter-apartment hall belonging to Gr.V, worth 14,300 rubles, which became unsuitable for further use, causing the victim Gr.V significant material damage. The court qualified the actions of gr.K. according to Part 2 of Art. 167 of the Criminal Code of the Russian Federation and sentenced him to one year in prison.

1. Intentional destruction or damage to someone else’s property, if these acts caused significant damage, -

shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. , or arrest for a term of up to three months, or imprisonment for a term of up to two years.

2. The same acts committed out of hooligan motives, by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

Commentary to Art. 167 of the Criminal Code of the Russian Federation

The object of the crime is property relations.

An object is someone else's property (in the sense of a thing), both movable and immovable. It should be noted that the Plenum of the Supreme Court of the Russian Federation in relation to this crime gave a fundamentally different concept of someone else’s property than in relation to theft. Other people's property includes, in particular, property that is in common ownership of the perpetrator and other persons (only damage caused to other persons is taken into account) (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire").

If a person destroys or damages his own property in a generally dangerous way, and as a result, with direct or indirect intent, damage is caused to the property of others, the act also entails liability under Art. 167 of the Criminal Code of the Russian Federation. If, under the same circumstances, damage to someone else’s property is caused by negligence, the act is qualified under Art. 168 of the Criminal Code of the Russian Federation (in both cases, when calculating damage, only the damage caused to someone else’s property is taken into account).

The objective side includes action, consequences and causation.

The act can be expressed in any action or inaction that entailed the consequences specified in the law. The law does not specify the content of the act in this crime.

Consequences - significant property damage, expressed in destruction or damage to property. Destruction of property means rendering it completely unusable. Destroyed property cannot be restored. It cannot be used for its intended purpose. Damage is understood as causing harm to a thing, significantly reducing its consumer value. Damage to property presupposes the possibility of using it in a damaged state and (or) the possibility of restoring it to its previous condition.

Significant damage is an assessment indicator. Moreover, if damage is caused to a citizen, by virtue of Note 2 to Art. 158 of the Criminal Code of the Russian Federation cannot be less than two and a half thousand rubles. Obviously, significant damage to the organization should amount to no less. Paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 N 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire” states that “when resolving the issue whether significant damage has been caused to the owner or other holder of property should be based on the value of the destroyed property or the cost of restoring damaged property, the significance of this property for the victim, for example, depending on the type of his activity and financial situation or the financial and economic condition of the legal entity that was owner or other owner of the destroyed or damaged property."

When qualifying a crime, real damage without lost profits is taken into account. When property is destroyed, the damage is determined by its value. If property is damaged, the damage is determined by the cost of repairs, taking into account a possible price reduction. When property is damaged, if its restoration is impossible or impractical, the damage is determined as the difference in price before and after the damage. When assessing damage as a result of destruction or damage to used property, its depreciation is taken into account.

Losses are subject to compensation in full, including those not taken into account when qualifying the crime.

The corpus delicti is material. The crime is completed from the moment the damage is caused.

Intentional destruction or damage to someone else's property, committed out of hooligan motives, by arson, explosion or other generally dangerous method, entails criminal liability under Part 2 of Art. 167 of the Criminal Code of the Russian Federation only in the case of actual infliction of significant damage to the victim. If, as a result of these actions, the consequences provided for by law did not occur for reasons independent of the will of the perpetrator, then what he did if he had the intent to cause significant damage should be considered as an attempt to deliberately destroy or damage someone else’s property (Part 3 of Article 30 and Part 2 Art. 167 of the Criminal Code of the Russian Federation).

The actions of the perpetrator related to the destruction or damage of property that was stolen by him represent a way of disposing of stolen property at his own discretion and additional qualification under Art. 167 of the Criminal Code of the Russian Federation is not required. No additional qualifications are required under Art. 167 of the Criminal Code of the Russian Federation and in those situations where damage to property is a method of committing theft, for example, when the culprit damages a car by opening it for the purpose of committing theft.

At the same time, if, during the theft of someone else’s property, the property of the victim, which was not the subject of the theft (for example, furniture, household appliances and other things), was intentionally destroyed or damaged, the act should be additionally qualified under Art. 167 of the Criminal Code of the Russian Federation, subject to causing significant damage.

The subjective side is characterized by guilt in the form of intent (direct or indirect), when the perpetrator is aware of the social danger of his act, foresees the possibility or inevitability of socially dangerous consequences in the form of damage and wants them to occur or does not want them, but consciously allows these consequences or is indifferent to them . Attempted crime is only possible with direct intent.

As stated above, for the existence of the crime under consideration, the perpetrator must be aware of the fact that he is destroying someone else’s property. Therefore, there is no corpus delicti in cases where such awareness is absent, for example, if the culprit purchased a stolen car, which he was not aware of, and dismantled it, then his actions do not contain corpus delicti, since as a bona fide purchaser of the car the person disposes of the car as his own property and dismantles it, without the intent to destroy someone else's property.

The general subject of the crime is a sane person who has reached the age of sixteen. According to Part 2 of Art. 167 of the Criminal Code of the Russian Federation, responsibility begins at the age of fourteen.

Qualifying features:

1) hooligan motives;

2) arson, explosion or other generally dangerous method;

3) causing the death of a person or other grave consequences through negligence.

Part 2 Art. 167 of the Criminal Code of the Russian Federation can be imputed only if all the signs of a crime provided for in Part 1 of this article are present, including significant damage. Therefore, the destruction of low-value property in a generally dangerous manner or for hooligan reasons, which does not cause significant damage, does not entail criminal liability under this article at all. If grave consequences are caused by negligence under such circumstances, the act must be qualified under Art. 168 of the Criminal Code of the Russian Federation or according to the norms on crimes against the person (depending on the severity of the harm caused).

If there is direct intent aimed at causing property damage in a significant amount, it is possible to qualify the act as an attempted crime under Part 2 of Art. 167 of the Criminal Code of the Russian Federation, if the damage in a significant amount was not caused due to circumstances beyond the control of the person.

Hooligan motives include, for example, the desire to oppose oneself to society, the commission of an act without motive or its commission for a minor reason.

The use of fire in itself is not enough to qualify the offense under Part 2 of Art. 167 of the Criminal Code of the Russian Federation, there must be a real threat of harm to the life or health of a person or the property of other persons. Deliberate destruction or damage to individual objects using fire under conditions that exclude its spread to other objects and the emergence of a threat of harm to the life and health of people, as well as other people’s property, must be qualified under Part 1 of Art. 167 of the Criminal Code of the Russian Federation, if the victim suffered significant damage.

Although the law indicates a “generally dangerous method”, this qualifying feature is imputed not only with direct, but also with indirect intent (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules safety, destruction or damage to property by arson or as a result of careless handling of fire"). Thus, if, when destroying or damaging someone else’s property by arson or in another generally dangerous way, the perpetrator foresaw and wanted or did not want, but consciously allowed the occurrence of such consequences of his act as the death of a person or harm to the health of the victim, the act constitutes a set of crimes provided for in Part. 2 tbsp. 167 of the Criminal Code of the Russian Federation and depending on the intent and the resulting consequences - clause “e”, part 2 of Art. 105 or paragraph “c” of Part 2 of Art. 111 or Art. Art. 112, 115 of the Criminal Code of the Russian Federation.

A generally dangerous method is understood as a method that creates a threat of destruction of property of an unlimited number of people or a threat to their life and health (explosion, arson, flooding, etc.).

The attitude towards the consequences in the form of a person’s death can only be careless. In this case, the subjective side of the crime is expressed in the presence of two forms of guilt. With intent, liability for murder arises, which does not exclude imputation based on the totality of crimes in Part 2 of Art. 167 of the Criminal Code of the Russian Federation.

Other “grave consequences caused by negligence as a result of the intentional destruction or damage of property (part two of Article 167 of the Criminal Code of the Russian Federation) include, in particular: causing by negligence grievous harm to the health of at least one person or causing moderate harm to the health of two or more persons ; leaving victims without housing or means of livelihood; long-term suspension or disruption of the work of an enterprise, institution or organization; long-term disconnection of consumers from sources of life support - electricity, gas, heat, water supply, etc. (Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 5, 2002 N 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire”).

Intentional infliction of death and any harm to health (severe, moderate, light) is not covered by Art. 167 of the Criminal Code of the Russian Federation and requires additional qualifications according to the rules on crimes against the person.

Judicial practice under Article 167 of the Criminal Code of the Russian Federation

Resolution of the Supreme Court of the Russian Federation dated January 24, 2017 N 18-UD16-88

In the cassation appeal, Sakharov’s lawyer N.B. asks the verdict and the appeal ruling to be cancelled, the criminal case on the basis of Art. 237 of the Code of Criminal Procedure of the Russian Federation to return to the prosecutor, citing the discrepancy between the court’s conclusions set out in the verdict and the actual circumstances of the criminal case; illegal disclosure of the testimony of the victim G. given by him at the stage of the preliminary investigation, and failure to confirm it with the conclusion of a forensic expert; the court did not evaluate the fact that a fingerprint from the victim’s right hand was found on the TV. G. did not indicate what the illegal entry into the home was; the cost of the gold bracelet was not determined; By resolution of the investigator, the materials of the criminal case were separated into separate proceedings on the grounds of a crime under Art. of the Criminal Code of the Russian Federation on the fact of breaking glass in a car "..." on September 21, 2014, from which it follows that Sokolov's intent was aimed at deliberate damage to someone else's property, and not at the theft of someone else's bracelet, in connection with which Sokolov was charged with theft of gold the bracelet belonging to G. is illegal; a criminal case was initiated against unidentified persons who caused G. bodily harm and demanded that funds in the amount of 40,000 rubles and a gold bracelet worth 15,000 rubles be transferred, and from the protocol for accepting an oral statement about the crime it follows that G. asked to be prosecuted liability of an unidentified person who caused him bodily harm near the cafe; in the materials of the criminal case there is a protocol for accepting an oral statement from D. to bring to justice an unidentified person who broke the glass in his car... however, no criminal case was opened regarding the fact of breaking the glass, as well as the fact of the attempted theft of the TV and receiver; D. is illegally recognized as a victim; the investigator did not establish G.’s identity, and the question of his command of the Russian language was not clarified, and therefore, the testimony of the victim is unacceptable evidence; the court's conclusions are not supported by the evidence considered at the trial.

Resolution of the Presidium of the Supreme Court of the Russian Federation dated February 15, 2017 N 197P16

Convicted: under paragraphs “a”, “c”, “e”, part 2 of Art. of the Criminal Code of the Russian Federation to 15 years in prison, under Part 2 of Art. of the Criminal Code of the Russian Federation to 3 years in prison.

Based on Part 3 of Art. of the Criminal Code of the Russian Federation for the totality of crimes, by partial addition of punishments to Velikzhanin K.V. finally sentenced to 17 years of imprisonment in a maximum security penal colony.

Resolution of the Presidium of the Supreme Court of the Russian Federation dated February 15, 2017 N 192P16

Shulgin K.O. also convicted under paragraph "a" of Part 4 of Art. Criminal Code of the Russian Federation (for crimes committed on April 16, 2004, April 22, 2004, June 8, 2004, June 20, 2004, September 21, 2004, September 29, 2004, for attacks on N. and M .) to 10 years in prison for each of the crimes, according to clauses “a”, “b”, part 3 of Art. of the Criminal Code of the Russian Federation to 9 years in prison, under paragraph "a" of Part 3 of Art. of the Criminal Code of the Russian Federation (for crimes against V. and N.) to 7 years in prison for each of the crimes, under Part 2 of Art. of the Criminal Code of the Russian Federation (for crimes committed on August 8, 2004 and September 29, 2004) to 3 years in prison for each of the crimes, under paragraphs “a”, “g”, part 2 of Art. of the Criminal Code of the Russian Federation to 12 years in prison, under Part 3 of Art. , pp. "a", "g" part 2 art. of the Criminal Code of the Russian Federation to 9 years in prison.

Resolution of the Presidium of the Supreme Court of the Russian Federation dated March 15, 2017 N 40P17

convicted: under Part 2 of Art. of the Criminal Code of the Russian Federation to 8 years of imprisonment without a fine, under paragraphs “d”, “k”, part 2 of Art. of the Criminal Code of the Russian Federation to 14 years in prison, under Part 1 of Art. of the Criminal Code of the Russian Federation to 1 year 6 months of imprisonment.

Resolution of the Presidium of the Supreme Court of the Russian Federation dated March 29, 2017 N 187P16pr

according to Part 2 of Art. Criminal Code of the Russian Federation for 5 years;

Based on the totality of crimes on the basis of Part 3 of Art. of the Criminal Code of the Russian Federation for 25 years with serving the sentence in a high-security penal colony.

The cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 13, 2003 sentenced Mamonov Yu.D. left unchanged.

Resolution of the Presidium of the Supreme Court of the Russian Federation dated May 17, 2017 N 72P17

according to Part 5 of Art. , part 1 art. Criminal Code of the Russian Federation for 9 months;

In accordance with Part 3 of Art. Criminal Code of the Russian Federation for aggregation of crimes for 17 years 11 months;

Based on Art. of the Criminal Code of the Russian Federation with partial addition of the unserved sentence according to the verdict of September 2, 2003, for a final 18 years with the sentence served in a maximum security correctional colony;

Resolution of the Supreme Court of the Russian Federation dated 01.08.2017 N 33-UD17-2

I have a question. During the conflict, I broke the car door (foreign car) of the second participant. Now he threatens me, if I don’t restore the door, he will write a statement to the police and I will be judged. Is it true? Can they be prosecuted for this?

• Question: No. 1546 dated: 2015-02-12.

On the merits of the question asked, we report the following.

In this case, if the victim reports what happened, law enforcement agencies will most likely incriminate the crime provided for in Part 1 of Article 167 of the Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation).

This article provides for criminal liability for intentional destruction or damage to property.

According to Part 1 of Art. 167 of the Criminal Code of the Russian Federation, intentional destruction or damage to someone else’s property, if these acts entailed causing significant damage shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor for a term of up to two years. , or arrest for a term of up to three months, or imprisonment for a term of up to two years.

Under destruction It is generally accepted to understand such an external impact, as a result of which the property completely ceases its physical existence or is rendered completely unfit for use for its intended purpose and cannot be restored.

Damage is recognized as a change in the properties of property in which its usefulness is significantly reduced and the item becomes partially or completely unsuitable for its intended use without repair or other restorative actions.

When determining the amount of damage to damaged or destroyed property, the cost of materials and work to restore the damaged property is taken into account.

To determine the cost of material damage, the official conducting the preliminary investigation appoints an appropriate examination.

In accordance with paragraph 2 of the Note to Article 158 of the Criminal Code of the Russian Federation, significant damage to a citizen in the articles of Chapter 21 of the Criminal Code of the Russian Federation is determined taking into account his property status, but cannot amount to less than two thousand five hundred rubles.

At the same time, according to paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire” when deciding whether Whether significant damage has been caused to the owner or another owner of the property should be based on the value of the destroyed property or the cost of restoring damaged property, the significance of this property for the victim, for example, depending on the type of his activity and financial situation or the financial and economic condition of the legal entity that was the owner or other owner of destroyed or damaged property.

In accordance with paragraph 3 of the Determination of the Constitutional Court of the Russian Federation dated March 5, 2013 No. 323-O “On the complaint of citizen Suren Vladimirovich Gazaryan about the violation of his constitutional rights by part two of Article 167 of the Criminal Code of the Russian Federation” causing significant damage is a mandatory feature of the objective side of the crimes provided for in both part one and part two of Article 167 of the Criminal Code of the Russian Federation, delimiting them from the administrative offense provided for in Article 7.17 of the Code of Administrative Offenses of the Russian Federation. The absence of such a consequence of intentional destruction or damage to someone else’s property excludes the possibility of qualifying the relevant acts under the said article of the criminal law.

Thus, if the cost of restoration of a vehicle exceeds 2,500 rubles, if there is intent in your actions to damage or destroy property, law enforcement agencies will initiate a criminal case under Part 1 of Art. 167 of the Criminal Code of the Russian Federation.

Attention! The information provided in the article is current at the time of publication.

The legislative framework of the Russian Federation is aimed at protecting not only the lives and rights of citizens, but also their property. Articles of the Criminal Code and the Code of Administrative Offenses provide for punishment for intentional and unintentional damage to property. The type and amount of punishment depends on what property was damaged, by whom and in what situation. The age of the offender also plays an important role, since responsibility for damage to property generally begins at the age of 16.

How does the law work?

Damage to property means unintentional or intentional damage to someone else's property, which has value and material expression.

At the same time, it is important to know the difference between the main terms used when considering this type of case - damage and destruction of a thing:

• If damaged, a thing loses its properties to one degree or another and becomes partially unsuitable for use for its intended purpose.
• When destroyed, it becomes completely unsuitable for further use.

According to legal norms, a citizen or organization whose property was damaged is recognized as a victim and has the right to file a lawsuit for compensation for damage and a statement to the police demanding that the offender be brought to justice in accordance with the Criminal Code of the Russian Federation.

Criminal Code and Code of Administrative Offenses

Damage to property falls under an article of the Administrative Code and several articles of the Criminal Code of the Russian Federation, depending on whether the offender had the appropriate intent.

Code of Administrative Offenses

According to the Code of Administrative Offenses of the Russian Federation, Article 7.17 applies to the violator - intentional damage to property. An important nuance is that the damage should be insignificant, and in monetary terms - no more than 2,500 rubles.

If the offenders are children under 14 years of age, then the parents are responsible for their actions. Additionally, police officers draw up a protocol under Article 5.35 of the Code of Administrative Offenses, which prescribes punishment for parents’ failure to fulfill their responsibilities for raising children. Next, the paper is handed over to the commission for minors, and in some cases the children are registered with the ODN.

UK

The Criminal Code of the Russian Federation provides for the application of the following articles:

• In case of intentional damage, the offender is liable under Article 167 of the Criminal Code of the Russian Federation. Intent in this case is the desire to harm someone else's property. For this article, it is important to comply with the following condition - the amount of damage caused due to damage to property is at least 2,500 rubles.

  This article has 2 parts. The first applies in the event of significant damage, and the second in the case of arson or the use of explosives or in the event of death that occurs as a result of damage to property.

• In case of damage to property due to negligence, Article 168 of the Criminal Code of the Russian Federation is applied. Often this article applies when property is damaged when sources of increased danger are used. For example, smoking a cigarette at a gas station led to an explosion. Applies if the amount of damage is from 250,000 rubles.
• Article 214 applies to damage to state property. This includes damage to a monument, public transport, buildings (for example, painting walls). In simple terms, this article punishes vandalism.

At what age is liability required?

There are age restrictions for persons who may be held responsible for this offense:

• Articles 167 (part 1) and 168 of the Criminal Code of the Russian Federation, as well as 7.17 of the Code of Administrative Offences, provide for liability from the age of 16.
• Articles 167 (Part 2) and 214 of the Criminal Code of the Russian Federation provide for liability from the age of 14.

If the offenders are between 14 and 18 years old, they must independently compensate for the damage, but if they do not have the means, their parents will compensate for it.

If the offender is under 14 years of age, then the parents are responsible for his actions.

Punishment for damage to property

It is determined depending on which article the case is under:

1. According to Article 7.17 of the Code of Administrative Offenses the offender will be required to pay a fine ranging from 300 to 500 rubles.

2. According to Article 167, part 1:

• Fine up to 40,000 rubles or three months’ income.
• Compulsory or corrective labor lasting up to 360 hours or up to a year, respectively.
• In case of causing particularly large damage - arrest for up to 2 years.

3. According to Article 167, part 2– up to 5 years of imprisonment.

4. Article 168 of the Criminal Code of the Russian Federation provides:

• Payment of a fine of up to 120,000 rubles.
• Arrest for up to 1 year. It is used only in particularly serious cases.

5. According to Article 214 of the Criminal Code of the Russian Federation:

• If the offender acted alone - up to 3 months of arrest.
• If the property was damaged due to racial, political or ideological views, the culprit faces imprisonment for up to 3 years.

In addition, regardless of the applicable article, the violator is obliged to pay the victim the amount of damage caused.

Actions of the victim

If a private person is injured, then two things must be done:

• Contact the police with a demand to bring the culprit to justice in accordance with the Criminal Code of the Russian Federation and the Code of Administrative Offences. To do this, you need to fill out an application.
• File a lawsuit. It must be filed at the defendant's place of residence. If the amount of damage is less than 50,000 rubles, the case is considered by a magistrate, otherwise the application is submitted to the district court.

In case of damage to state property, as well as in a number of other situations, for example, or damage to hotel property, the police draw up an offense report, and the case is subsequently considered by a judge.

Property damage statement

A statement to the police can be drawn up both at home and at the police station itself with the direct assistance of the duty officer or district police officer. It is advisable to submit the application on A4 paper.

The document states:

1. A hat that says:

• the name of the department to which the application is being submitted;
• FULL NAME. head of department;
• branch address and index;
• FULL NAME. the applicant;
• registration and residence address with postal code;
• contact phone number.

2. In the center is the title of the document.

3. The main text, which indicates the circumstances of damage to property and the amount of damage. It is necessary to briefly, but at the same time describe in detail all the circumstances of the crime.

4. Provide information about the alleged criminal and evidence of their guilt. Both specific individuals and a circle of suspects can be identified.

5. At the end, the following sentence is written: “I am aware of liability for knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation.” The wording is standard and mandatory.

6. List the applications and evidence in this case. This could be a photo, receipts confirming the value of the property.

7. The date of compilation and signature are placed at the bottom.

The second step will be filing a claim in court, which will help recover the amount of material damage caused from the culprit. It is also compiled on A4 paper.

The claim is drawn up as follows:

1. A header indicating:

• details of the court where the claim is filed;
• information about the plaintiff - full name, date of birth, passport details, registration address;
• information about the defendant that you know.

2. The name of the document is written in the center.

3. The main text, which indicates the situation that caused the appeal and the grounds for filing a claim. In this case, damage to property.

4. The amount of damage caused to you and a request to recover this amount from the defendant.

5. List of papers attached to the case.

6. Date of compilation and signature of the compiler with transcript.

Damage Act

The document is drawn up either by the police, if we are talking about property on the balance sheet of the municipality, or by responsible persons, which include the owners of an enterprise or hotel, or representatives from the housing and communal services.

When drawing up the act, the culprit and the victim must be present.

The document is drawn up in any form, but it must contain a number of mandatory details:

• Date of compilation.
• Indication of the damaged property.
• Place of compilation.
• Composition of the commission.
• Victim details.
• Details of the culprit of the incident. Indicated if known.
• Conclusions of the inspection.

The paper is drawn up in three copies: one remains with the injured party, the second with the culprit, and the third with the responsible person.

Since apartment flooding reports are most often drawn up, we suggest you familiarize yourself with a sample apartment flooding report.

Video: Deliberate damage to property

We invite you to become more familiar with the provisions of Article 167 of the Criminal Code of the Russian Federation by watching a short video. It describes in what situations liability arises and what exactly the culprit may face:

Damaging property that does not belong to you is a serious offense that can lead not only to compensation for the damage to the victim, but also to criminal liability - payment of a fine or imprisonment.