Intentional damage to property Article 167 of the Criminal Code of the Russian Federation. Are the actions of the policeman legal?

1. Intentional destruction or damage to someone else's property, if these acts caused damage significant damage, —
   shall be punishable by a fine in the amount of up to forty thousand rubles or in the amount wages or other income of the convicted person for a period of up to three months, or compulsory work for a period of up to three hundred sixty hours, or correctional labor for a period of up to one year, or 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 from hooligan motives, by arson, explosion or other generally dangerous method, or resulting in the death of a person through negligence or other grave consequences, —
   (edited) Federal Law dated 08.12.2003 N 162-FZ)
   shall be punished by forced labor for a term of up to five years or imprisonment for the same term.
   (as amended by Federal Law dated December 7, 2011 N 420-FZ)

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

1. The object of the crime is relations belonging to the category of “property”.
2. The subject of the crime is someone else’s property, both movable and immovable.
The destruction by a person of objects and documents belonging to him by right of ownership that have historical or cultural value is qualified under Art. 243 CC.
The destruction by the owner of property that is part of the common joint property does not constitute a crime, since it is a civil violation.
In the case where a person sets fire to his property, resulting in damage due to negligence large size someone else's property or property that was joint property other persons and the culprit, the latter’s actions should be qualified as destruction or damage to someone else’s property through negligence (Article 168 of the Criminal Code).
IN these cases the value of the property belonging to the culprit of the fire must be excluded from the total amount of damage caused as a result of the destruction or damage to property that was his joint property with other persons.
3. Objective side- consists of destroying or damaging someone else’s property, if these actions caused significant damage.
4. Destruction - bringing an object criminal offense into complete disrepair, damage - causing such damage to an object, the presence of which does not exclude its repair.
5. When deciding whether there is significant damage to the owner (another owner of property), one should proceed from the value of the destroyed property or the cost of its restoration, the significance of this property for the victim. What matters is the type of activity, financial situation, financial and economic condition legal entity who was the owner (possessor) of the destroyed or damaged property. See also comment. to Art. 158.
6. Subject - any sane individual who have reached the age of 14.
If the same actions are performed executive, then, depending on the circumstances of the case, they can be qualified under Art. 286 of the Criminal Code.
7. Subjective side- a crime can be either with direct, including specific, intent, or with indirect intent.
8. The purpose and motives of the crime matter only to the analyzed crime from adjacent trains, for example, hooliganism (Article 213 of the Criminal Code).
9. Qualified types of crime are provided for in Part 2 of the commented article. These include 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.
10. Deliberate destruction of someone else's property for hooligan reasons. Their presence is evidenced by demonstrative gross violation public order, expressing clear disrespect for society, which may be committed for political, ideological, racial, national or religious hatred or hostility or based on hatred or hostility towards any social group.
When establishing a hooligan motive in the actions of the perpetrator, one should take into account the method, time, place of the crime, its intensity, duration and other circumstances. Such actions can be committed both in relation to a specific person and in relation to an indefinite number of persons. A person’s obvious disrespect for society is expressed in a deliberate violation generally accepted norms and rules of behavior dictated by the desire of the perpetrator to oppose himself to others, to demonstrate a disdainful attitude towards them.
In cases where a person, in addition to the intentional destruction or damage of property for hooligan reasons, commits other intentional actions that grossly violate public order expressing clear disrespect for society, the act is qualified under Part 2 of the commented article and the corresponding part of Art. 213 CC.
11. Arson - deliberately starting a fire. Deliberate, purposeful actions of the perpetrator aimed at creating a fire, its ignition and subsequent destruction of someone else's property as a result of a fire caused by arson.
12. Explosion - destruction, destruction of property, including cars, buildings, structures by explosion explosive.
13. Other generally dangerous methods include the destruction of other people’s property using the forces of nature, machines and mechanisms, the destruction of buildings and structures, which, in turn, entails the destruction of other buildings and structures. About the availability of quality general danger indicates the possibility of significant destruction, death and injury to people.
14. Grave consequences caused by negligence as a result of deliberate destruction or damage to property (Part 2 of the commented article) include, in particular, infliction by negligence grievous harm health of at least one person or causing moderate severity harm to 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.
15. If, by destroying (damaging) someone else’s property by arson, explosion or other generally dangerous method, the offender foresees and desires or consciously allows 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 of the commented article, and, depending on the intent and the consequences that occurred, - paragraph “e” of Part 2 of Art. 105 or paragraph “c” of Part 2 of Art. 111 or Art. Art. 112, 115 CC.
16. The criminally punishable intentional destruction (damage) of someone else’s property should be distinguished from vandalism (see commentary to Article 214) and petty hooliganism in the form of deliberate destruction (damage) of someone else’s property (Part 1 of Article 20.1 of the Administrative Code).
17. Explanations of the Plenum of the Armed Forces of the Russian Federation regarding the practice of applying the commented article are contained in Resolutions dated 06/05/2002 N 14 and dated 11/15/2007 N 45.

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

1. The object of the crime is relations belonging to the category of “property”.

2. The subject of the crime is someone else’s property, both movable and immovable.

The destruction by a person of objects and documents belonging to him by right of ownership that have historical or cultural value is qualified under Art. 243 CC.

The destruction by the owner of property that is part of the common joint property does not constitute a crime, since it is a civil violation.

In the case where a person sets fire to his own property, resulting in large-scale damage through negligence to someone else’s property or property that was the joint property of other persons and the culprit, the latter’s actions should be qualified as destruction or damage to someone else’s property through negligence (Article 168 of the Criminal Code).

In these cases, the value of the property belonging to the culprit of the fire must be excluded from the total amount of damage caused as a result of the destruction or damage to property that was his joint property with other persons.

3. The objective side is the destruction or damage of someone else’s property, if these actions caused significant damage.

4. Destruction - bringing the object of a criminal attack into complete disrepair, damage - causing such damage to the object, the presence of which does not exclude its repair.

5. When deciding whether there is significant damage to the owner (another owner of property), one should proceed from the value of the destroyed property or the cost of its restoration, the significance of this property for the victim. What matters is the type of activity, financial situation, financial and economic condition of the legal entity that was the owner (possessor) of the destroyed or damaged property. See also comment. to Art. 158.

6. Subject - any sane individual who has reached the age of 14.

If the same actions are committed by an official, then, depending on the circumstances of the case, they can be qualified under Art. 286 of the Criminal Code.

7. Subjective side - a crime can be either with direct, including specific, intent, or with indirect intent.

8. The purpose and motives of the crime are relevant only to the analyzed crime from related elements, for example, hooliganism (Article 213 of the Criminal Code).

9. Qualified types of crime are provided for in Part 2 of the commented article. These include 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.

10. Deliberate destruction of someone else's property for hooligan reasons. Their presence is evidenced by a demonstrative gross violation of public order, expressing clear disrespect for society, which can be committed for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group.

When establishing a hooligan motive in the actions of the perpetrator, one should take into account the method, time, place of the crime, its intensity, duration and other circumstances. Such actions can be committed both in relation to a specific person and in relation to an indefinite number of persons. A person’s obvious disrespect for society is expressed in a deliberate violation of generally accepted norms and rules of behavior, dictated by the desire of the perpetrator to oppose himself to others, to demonstrate a disdainful attitude towards them.

In cases where a person, in addition to the deliberate destruction or damage of property for hooligan reasons, commits other intentional actions that grossly violate public order, expressing clear disrespect for society, the act is qualified under Part 2 of the commented article and the corresponding part of Art. 213 CC.

11. Arson - deliberately starting a fire. Deliberate, purposeful actions of the perpetrator aimed at creating a fire, its ignition and subsequent destruction of someone else's property as a result of a fire caused by arson.

12. Explosion - destruction, destruction of property, including cars, buildings, structures by detonating an explosive.

13. Other generally dangerous methods include the destruction of other people’s property using the forces of nature, machines and mechanisms, the destruction of buildings and structures, which, in turn, entails the destruction of other buildings and structures. The presence of a general hazard quality is evidenced by the possibility of significant destruction, death and injury to people.

14. Grave consequences caused by negligence as a result of the intentional destruction or damage of property (Part 2 of the commented article) 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.

15. If, by destroying (damaging) someone else’s property by arson, explosion or other generally dangerous method, the offender foresees and desires or consciously allows 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 of the commented article, and, depending on the intent and the consequences that occurred, - paragraph “e” of Part 2 of Art. 105 or paragraph “c” of Part 2 of Art. 111 or Art. Art. 112, 115 CC.

16. The criminally punishable intentional destruction (damage) of someone else’s property should be distinguished from vandalism (see commentary to Article 214) and petty hooliganism in the form of deliberate destruction (damage) of someone else’s property (Part 1 of Article 20.1 of the Administrative Code).

17. Explanations of the Plenum of the Armed Forces of the Russian Federation regarding the practice of applying the commented article are contained in Resolutions dated 06/05/2002 N 14 and dated 11/15/2007 N 45.

This article talks about Article 167 Part 1 of the Criminal Code of the Russian Federation. What kind of article is this and what could be the consequences? We live in the 21st century when domestic politics the country is aimed at fighting crime, society is becoming more civilized. A lot of time and money are spent on promoting the right way of life, but, unfortunately, crime does not sleep. Antisocial individuals very often plan crimes aimed at spoiling and destroying other people's property. In order to regulate the issue of property damage, Article 167 of the Criminal Code of the Russian Federation was created. Let's consider the content of the first subparagraph of the article. The main questions will be what punishment is possible for the damage caused and what actions should be taken by the injured party.

Contents of the first subparagraph 167 of the Criminal Code of the Russian Federation

The first subparagraph of the article in question highlights the issue of when criminals deliberately damage other people’s property, sometimes even destroying property that people try to protect throughout their lives.

Nowadays, cases of damage to other people's property have become heard by many residents of the country. Especially hot this question stands in remote agricultural areas. Residents do not burden themselves with knowledge of the law and deal with unwanted neighbors in their own way. They damage neighbors' property, sometimes set fire to houses and utility rooms, and destroy tools. By new edition of the first subparagraph of Article 167 of the Criminal Code of the Russian Federation, such illegal actions are punishable by a court decision.

Also, violations of Article 167 Part 1 of the Criminal Code of the Russian Federation can be seen when violators of the law deliberately damage state property, for example, architectural monuments.

Sometimes, during strikes or rallies, planned crimes are committed to cause damage to government buildings and officials' cars. During illegal actions, serious damage is caused, the restoration of which will take a lot of time and money.

Punishments provided for in the first subparagraph of Article 167 of the Criminal Code of the Russian Federation

1. When a crime is committed, damage is caused to someone else’s property or it is completely destroyed, the court proves guilt and announces the punishment. If the illegal actions were committed intentionally, the defendant faces a fine. The amount of the fine can vary up to forty thousand. It can also be in the amount of the offender’s salary for three months.

2.An alternative punishment may be compulsory work or correctional labor. The difference between them is deadline. Thus, compulsory work can last three hundred and sixty hours, and compulsory work can take as long as twelve months. The punishment under Article 167 Part 1 of the Criminal Code of the Russian Federation can be forced labor. The duration of such work increases to twenty-four months. The most unpleasant thing may be imprisonment under the required article. The court does not very often issue such sentences, but there are also cases of arrest for three months. In the future, they may be imprisoned for up to two years.

With exemplary behavior, the convict is released earlier from prison. The amount of fines in such cases remains unchanged, but the number of working hours may be reduced. A lot depends on a well-built line of defense.

Comments to Part 1 of Article 167 of the Criminal Code of the Russian Federation

Criminal activity according to Article 167, it is considered socially dangerous, since it can cause irreparable harm to people, public and cultural values.

Troublemakers plot to encroach on property that does not belong to them. It turns out that the object of the criminal’s activity is someone else’s property.

In the course of the criminals' actions, real estate and any movable property. For example, planned damage to someone else's car leads to large financial losses owner. Repair and restoration of cars nowadays is expensive pleasure. Sometimes a car cannot be restored, in which case, we're talking about about destruction movable property. According to Article 167 of the Criminal Code of the Russian Federation, property in in this case is the subject of attack.

During judicial trial other articles of the Criminal Code may be added to the main article Russian Federation. Based on the situation, it is possible to include articles on terrorism and vehicle theft. There may even be cases of hijacking of a train with valuable cargo.

The result illegal actions there is complete destruction of property and valuables or partial damage.

When applied even minor damage, property gradually loses its commodity value, decreasing in price. Thus, the cost of a damaged car will be significantly lower than a whole car. If the property can be repaired and restored, then it can be used in the future.

If injured party files a lawsuit, it will be necessary to find evidence that the damage to property was caused intentionally. If the crime was planned in advance, there is visible damage, which is documented, then the court will be on the side of the victim. The more objective evidence there is, the better. If there are witnesses to what happened, they should be invited to court hearing.

In this article you learned what Article 167 Part 1 of the Criminal Code of the Russian Federation is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Editor: Igor Reshetov

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. The subject of the crime is someone else’s property. If, when destroying one's own property, significant damage was caused to someone else's property or property that was the joint property of the perpetrator and other persons, “the actions of such a person who wanted the specified consequences or who did not want to, but consciously allowed them or treated them with indifference, should be qualified as intentional destruction or damage to someone else’s property" (clause 8 of the Plenum Resolution Supreme Court RF dated June 5, 2002 "On judicial practice in cases of violation of rules fire safety, destruction or damage to property by arson or as a result careless handling with fire").

2. Destruction of property means this external influence, as a result of which the property completely ceases its physical existence (burning, dissolution in acid, complete and irreparable destruction) or is rendered completely unusable for use intended purpose and cannot be restored.

3. Damage should be understood as such a change in the properties of property, in which its usefulness is significantly deteriorated and the thing becomes partially or completely unsuitable for economic or other purposes. intended use without its repair, restoration and other restoration actions.

4. Required condition The punishability of the analyzed act is the infliction of significant damage. If the victim is a private person, then the amount is assessed as significant according to the rules of Note 2 to Art. 158 of the Criminal Code. The damage caused to the organization is determined by the court taking into account its property status and financial condition.

5. A crime can be committed with direct or indirect intent. The motives and goals of the act do not affect qualifications, with the exception of hooligan motives and those motives and goals that turn the act into a crime of another kind (terrorism, sabotage, etc.).

6. Liability under Part 1 of Art. 167 of the Criminal Code begins at the age of 16.

7. Hooligan motives as a qualifying characteristic this crime have the same content as in case of murder (see commentary to clause “i”, part 2 of article 105 of the Criminal Code).

8. In addition to the directly named arson and explosion, other methods that endanger the life and health of people should be included in the generally dangerous methods in which the law attaches the importance of qualifying characteristics.

9. "Intentional destruction or damage individual items with the use of fire in 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, if the victim has suffered significant damage" (clause 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 fire").

10. The third qualifying feature is the negligent infliction of death of a person or other grave consequences, which should include the infliction of serious harm to the health of at least one person, mass poisoning or illness of people, animals, plants, etc.

11. According to Part 2 of Art. 167 of the Criminal Code, liability begins at the age of 14.

1. Intentional destruction or damage to someone else's property, if these acts entailed causing significant damage, is 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 period of up to three hundred sixty hours. , or correctional labor for a term of up to one year, or 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, are punishable by forced labor for a term of up to five years or imprisonment for the same term.

Legal advice under Art. 167 of the Criminal Code of the Russian Federation

Igor Dorodnykh

Good afternoon. does article 167 part 1 of the criminal case imply compensation for damage to the victim in in full? or just a fine to the state? or should a separate lawsuit be filed against the defendant in order to compensate for losses caused by his influence?

Yaroslav Olukhov

Case under Art. 167/1, so as not to escape punishment!!! And the lawyer said that because of the prince, I would make it so that nothing would happen to him.

• Question answered over the phone

Alexander Kiriltsev

My ex-son-in-law broke my phone ex-wife, when I came to meet my son. Is it possible to apply for him?

• Question answered over the phone

Kristina Krylova

Hello. During the garage fire, a video recorded a man who looked like me, or rather his back. Almost a year later, I was taken to the department and questioned as a witness in connection with the cases under 167 Part 2 of the Ukrainian Criminal Code. I said that I didn’t set anything on fire and I didn’t know who was on camera. Do I need to remove things that someone similar to me was wearing? And what if they weren't found? Thank you

• Question answered over the phone

Valery Yukhimenko

How to correctly write a statement to the police under Art. 167 of the Criminal Code. Please tell me how to correctly write a statement to the police under Art. 167 Criminal Code (my ex-husband threw it in the garbage dump. apartment in which we both registered my personal belongings, thereby making it clear that I have nothing to do in this apartment) and is Art. 330?

• Lawyer's response:

  The application is written to the head of the territorial internal affairs agency. Or addressed to the head of the investigation department. The application must indicate the TIME, PLACE, METHOD of committing the crime, INFORMATION ABOUT THE IDENTITY of the person who committed the crime. For example, “I ask that Ivanov Ivan Ivanovich, born 01/01/1236, be brought to criminal liability under Part 1 of Article 167 of the Criminal Code of the Russian Federation, who at about 16:00 on 13/13/1913, being in apartment 666, building 13 on Chernaya street "Pipetsk, Yakutsk region, threw things that belonged to me out of the window: a TV, a refrigerator and a weight-training machine, rendering them completely unusable for their intended purpose; in addition, these things cannot be restored by his actions. Ivanov caused significant damage to me." Bringing to criminal liability under Art. 330 of the Criminal Code of the Russian Federation is possible only if the legality of unauthorized actions is challenged in a judicial, administrative or other manner.

• How much was the damage to the car? over 2,500 rub. ? if not, then there will definitely not be 167 Art. Criminal Code of the Russian Federation. , And if you weren’t aiming at the car, then it’s not intentional damage other people's property. Hooliganism is also not suitable. Shooting doesn't mean "rude...

Marina Dorofeeva

167 art. uk. RF - has an emotional-unstable personality disorder

• Since parents did not teach respect for adults, it is THEMSELVES to blame. . and don’t forget the truth SLAVS - how you treat your parents is how your children will treat you. The “reference” does not play any role, it is the conclusion of a forensic psychiatric...

Kirill Prokunin

Criminal. The difference needs to be found. Difference Art. 167 from 214 Criminal Code of the Russian Federation

• Vandalism, that is, desecration of buildings or other structures, damage to property public transport or in other in public places, - is punishable by a fine in the amount of fifty to one hundred minimum sizes wages or in the amount...

• File a lawsuit. And you will be reimbursed

Oleg Pavlushkin

tell Art. 167 of the Criminal Code of the Russian Federation is it administrative or what?

Evgenia Danilova

who knows the criminal code. who knows the Criminal Code of the ROS Federation, please tell me the articles: damage to someone else’s property on a particularly large scale, bodily harm employee law enforcement, and how much they can give for this, thank you.

• 1. Deliberate destruction or damage to property (Part 1, Article 167 of the Criminal Code of the Russian Federation), imprisonment for up to 2 years; 2. The use of violence against a representative of the authorities (Article 318 of the Criminal Code of the Russian Federation), everything will depend on the degree of severity. Up to 5 years.

Maria Bogdanova

Is the basis for refusing to initiate a criminal investigation under Art. 167 of the Criminal Code of the Russian Federation?

• In this case, the investigator, when conducting an inspection, has every right to attract an expert who could determine the cost of damage. Significant damage under this article “starts” at 2,500 rubles. I don't know if this...

• What nonsense is this? Maybe not part 2 tbsp. 167, and part 2 of Art. 267? Then part 2 of Art. 267 - special case Art. 109.

• depending on how things went.

Anastasia Golubeva

Part 1 of Article 167 of the Criminal Code of the Russian Federation, damages of 3000 rubles, the victim is Sberbank of the Russian Federation, is there a composition here? On the building of the Sberbank savings bank. Bank unidentified person damaged double-glazed windows plastic window, causing material damage in the amount of 3,000 rubles. Representative of Sberbank. The bank writes in a statement that the damage is significant; will there be a crime here, part 1 of Art. 167 of the Criminal Code of the Russian Federation??

• Lawyer's response:

  at the legal damage to a person is not significant, but it may seem part 2 - from hooligan motives. I don’t have the Code at hand, based on the fact of the comment, I add: 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

• Most likely, they will limit themselves to a fine.

Tamara Dorofeeva

what is the amount of significant damage for a legal entity in accordance with Article 167 of the Criminal Code of the Russian Federation

• Lawyer's response:

  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 the second part of Article 167 of the Criminal Code of the Russian Federation only in the event of actual significant damage being caused to the victim. If as a result specified actions provided by law the consequences did not occur for reasons beyond 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 intentionally destroy or damage someone else’s property (Part 3 of Article 30 and Part 2 of Article 167 of the Criminal Code of the Russian Federation ) .up to 5 years period When deciding whether significant damage has been caused to the owner or other holder of property, one should proceed from 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 possessor of the destroyed or damaged property.

Gennady Kaibyshev

which is considered significant damage under Art. 167 of the Criminal Code of the Russian Federation??? For a legal entity, where is this stated??

Victoria Makarova

What is the threat under Article 167 of the Criminal Code of the Russian Federation?

• Lawyer's response:

  1. Intentional destruction or damage to someone else's property, if these acts entailed the infliction of significant damage, is 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 one hundred to one hundred. eighty hours, or correctional labor for a term of up to one year, 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, are punishable by imprisonment for a term of up to five years. 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, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 N 14.

Maria Krylova

if I wanted to burn down Ivanova’s house, but because of the wind the fire spread to Sidorov’s house and it burned down. then what is the article of the Criminal Code? I’m solving a criminal problem, I need an article!

• Lawyer's response:

  IMHO.. I think art. 167 clause 2 of the Criminal Code of the Russian Federation Where other “grave consequences caused by negligence as a result of the intentional destruction or damage of property include, in particular, the negligent infliction of grievous harm to the health of at least one person or the infliction of moderate harm to two or more persons; abandonment victims without housing or means of subsistence; long-term suspension or disruption of the work of an enterprise, institution or organization; disconnection of consumers from sources of life support - electricity, gas, heat, water supply, etc. "(clause 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 06/05/2002 N 14)

Olesya Lazareva

will there be Art. 167 of the Criminal Code of the Russian Federation. Will the composition of Art. 167 of the Criminal Code of the Russian Federation under the circumstances: on a car from deliberate actions damage to the paintwork has occurred (scratches, chipped paint). The owner states that he spent a significant amount of money (over 2,500 rubles) on elimination. The car has not lost its functional properties, did not provide information that the economic value of the property has decreased?

• Lawyer's response:

  167ch1 will occur if it is possible to prove the infliction of significant damage, and this can only be determined by a court that will take into account property status the victim, the value of the damaged property and its significance for the victim, the amount of wages, pensions, whether the victim has dependents, total income family members with whom he runs a joint household, etc.

• Re-inspect the damaged property. File a petition with the investigator.

• • Lawyer's response:

    Let's look at the situation. Qualification under Part 1 of Art. 167 of the Criminal Code of the Russian Federation, the sanction of which provides for punishment: “a fine in the amount of up to forty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or compulsory labor for a period of one hundred to one hundred and eighty hours, or correctional labor for a period of up to one year, or arrest for a term of up to three months, or imprisonment for a term of up to two years.” The most frequently imposed and mildest punishment for such a crime is a fine. To be appointed, the person must have a place of work (source of income). If a fine has a negative impact on a person and the living conditions of his family, then official place Workers may be assigned compulsory work (work for free during their free time from their main job). If a person does not have a place of work, then a fine and compulsory work are unlikely to be imposed and will be threatened with either correctional labor (they will get a job, will receive a salary with 5 to 20% deducted from it as state income) or imprisonment ( almost always conditional). Arrest is not ordered now because there are no arrest houses. But since it's a crime light weight, then in the absence outstanding convictions(was not involved at all or all past ones were canceled or removed) and making amends for the harm to the victim, which is required by law (Article 25 of the Code of Criminal Procedure of the Russian Federation and Article 76 of the Criminal Code of the Russian Federation), it is possible to terminate the criminal case after reconciliation of the parties. If the above conditions are met, then ask the victim to write a statement in which he would ask to terminate the case for reconciliation of the parties.

• Complaining won't help. File a claim and go to court

Karina Kuzmina

Security guards broke the car window and pulled the driver out of the car. By tying him up. How many years in prison should they get? The man lost his temper after waiting for a long time for his car to be repaired. He was in a hurry somewhere, and they kept telling him: “In 10 minutes you can pick up your car.” Three hours later, the client lost his nerve. Eyewitnesses admit: it was a fascinating sight. The car smashed everything in its path. The department was the first to fall additional equipment and spare parts, then one crossover crashed another crossover put up for sale. Many thought it was a brand war. Then glass began to fall. The Grand Vitara only stopped at the ticket office - it just got stuck. This completed the crash test. The man refused to get out from behind the wheel. The security guards had to break out the car window and drag him out of the car. Having laid the driver on the floor, they tied him up and began to wait for the police. So how many years in prison should the car dealership security guards get for their actions? http://www.vesti.ru/doc.html?id=766306

• Lawyer's response:

  Article 38. Causing harm during the detention of a person who has committed a crime 1. It is not a crime to cause harm to a person who has committed a crime during his detention to bring him to the authorities and to suppress the possibility of him committing new crimes, if it was not possible to detain such a person by other means and at the same time the measures required for this were not exceeded. The guards were supposed to detain the person who committed the crime (and the crime was - Article 167 of the Criminal Code of the Russian Federation “Deliberate destruction or damage to property”) So the guards will not receive anything, but the driver will receive in full (+ civil action for damages).

Tamara Frolova

There are grounds to initiate a criminal case under Art. 167 of the Criminal Code of the Russian Federation?. Damage caused since 2007: 5 punctures and 1 cut of a bicycle tire; the padlock from the barn is broken; a wooden hanger for the hallway was broken (in the apartment on the head of the apartment owner); the wire leading into the apartment from the panel on landing; The direction indicator of the IZH-2715 car was broken; The rear view mirror of the IZH-2715 car was broken; Two tires of a Volkswagen Passat were punctured.

• It's hard to say since you didn't specify overall size damage, and Art. 167 of the Criminal Code presupposes the infliction of SIGNIFICANT damage to a citizen (i.e., the investigation must find out the amount of the victim’s income and, based on this, decide how significant it is).

Yakov Beley

Article 167. Has a statute of limitations? ..Is there a statute of limitations? And if so, what evidence should they have? Apartment, ceiling damage ( strong blows, consequences of a crack, etc.) and damage to iron doors (small dents)?

• Lawyer's response:

  According to Part 2 of Art. 15 of the Criminal Code of the Russian Federation, a crime provided for in Part 1 of Art. 167 refers to crimes of minor gravity. Article 78. Exemption from criminal liability due to the expiration of the statute of limitations 1. A person is exempt from criminal liability if the date of commission of the crime has expired following dates: a) two years after committing a crime of minor gravity;

Vladislav Chanov

How to correctly write a statement (claim) under Art. 167 of the Criminal Code. Please tell me how to correctly write a statement (claim) under Art. 167 of the Criminal Code and where to submit it (my ex-husband threw my personal belongings out of the municipal apartment in which we were both registered, thereby making it clear that I had nothing to do in this apartment)

• Lawyer's response:

  Qualification according to Art. 167 of the Criminal Code provides for the presence of such a qualifying feature as significant damage. If you assess your damage as such, then you need to write a statement to initiate a criminal case in territorial body police. If a criminal case is refused, it can be appealed to the prosecutor or to the court in accordance with Art. 124-125 of the Criminal Code of the Russian Federation. During the trial, you can also make demands material nature on compensation for material damage. If you still fail to initiate a case, you can file a claim within civil proceedings. The difficulty here is that you will have to find and present evidence here. Then you have the right to submit a statement of claim to the magistrate of your area (if the cost of the claim is up to 50,000 rubles) or to district court at a higher claim price. Here's the form for you. In ____________ court ________________ Civil plaintiff: ________________ __________________________________, (full name / name of organization) address: ___________________________, telephone: __________________________ Defendant: ________________________, (full name) address: ___________________________, telephone: __________________________ Price of the claim: _________________ rubles STATEMENT OF CLAIM for compensation for damage caused by a crime The investigative authorities (court) are investigating a criminal case charging _________________________________________________________________ (full name of the accused(s)) with a crime under Part ___ Art. ___ Criminal Code of the Russian Federation. This crime caused me (organization), ______________________________, (full name or name) INN ___________________________________, material damage in the amount of ________________________________ rubles, which is calculated from the following: ___________________________________________________________________________ (give the appropriate calculation material damage And __________________________________________________________________________. evidence confirming it) By a court ruling (decision of a judge, prosecutor, investigator, inquirer) in accordance with Article 44 of the Code of Criminal Procedure of the Russian Federation, I (the organization) have been recognized (a) Civil plaintiff. Based on the above and in accordance with Art. Art. 1064, 1101, paragraph 7 art. 152 of the Civil Code of the Russian Federation, guided by articles 131 - 132 of the Civil procedural code RF, PLEASE: 1. ___________________________________________________________________. 2. ___________________________________________________________________. 3. Recover compensation from the Defendant for moral injury, caused to me (organization), in the amount of ___________ (_____________________) rubles. Appendix: 1. Court ruling (decision of a judge, prosecutor, investigator, inquirer) on the recognition of gr. ____________ (enterprises) Civil plaintiff. 2. Copy of contract No._____ dated "___"________ ___ 3. Evidence confirming the fact of damage to the Plaintiff. 4. Copies statement of claim(according to the number of Respondents). "___"____________ ____ ______________________ M. P. (signature)

Alexey Tour

amendments to the Criminal Code of the Russian Federation under Article 167 part 1, 162 part 2, 166 part 2 were considered in 2011

• Lawyer's response:

  Now the draft amendments proposed by the president have been adopted only in the first reading (the date of the second has been postponed to this moment it is not defined). According to the above draft with amendments, changes are expected only (of interest to you) in Part 2 of Art. 162 of the Criminal Code of the Russian Federation - “The change in punishment in the form of imprisonment from 5 to 10 years is changed to up to 10 years.” That is, they plan to remove lower limit punishment in the form of imprisonment. In Part 1 of Art. 167, part 2 art. 166 of the Criminal Code of the Russian Federation - no changes are planned.

Alena Stepanova

My neighbor deliberately damaged my car, there are witnesses and evidence, is it advisable to initiate a criminal case?

• Lawyer's response:

  Of course, but don’t conduct independent investigations looking for evidence, but contact written statement to the police department. According to the results pre-check of the submitted application, either a decision will be made to refuse to initiate a criminal case, or, more likely, the case will be initiated under Art. 167 of the Criminal Code of the Russian Federation - “deliberate damage or destruction of someone else’s property, if these actions resulted in significant material damage.” At the same time, I am convinced that after the initiation of a criminal case, the culprit, even before the materials are transferred to the court, will come running to you to compensate for the damage he caused material damage, and convince him to write a statement to terminate the criminal case, in connection with the reconciliation of the parties, his active repentance, etc.

Valentin Malyar

What is included in the concept of “significant damage” in Art. 167 of the Criminal Code of the Russian Federation?

• carry out an examination, estimate the cost of repairs, depending on the cost and the significance of the damage will be determined. at least 2500 rubles, and then relative to the cost of damage and income. There is constant debate about significance, because the concept is evaluative...

Eduard Chmykhov

An ex-lover ruined a car for 74,000 rubles. The police refused to initiate a case (Article 167 of the Criminal Code). What to do?. clause 1 art. 24 of the Code of Criminal Procedure - absence of a crime event. The car was spray painted (obscene language on the doors), removed and carried away rear number, kicked her and threw stones. Me and 1 other person were in the car at the time. The police were immediately called, they recorded everything and took her to the parking lot. Here.

• Lawyer's response:

  Definitely appeal the refusal to initiate a criminal case, because in court in civil procedure You also won’t be able to prove harm was caused. By the way, it wouldn’t hurt to find more witnesses, not just the one sitting in the car. Persistently to the prosecutor's office. After the second complaint, they will initiate an investigation. Then it will be easier in civil proceedings.

Yulia Fedotova

My neighbor's drain pipe is leaking on the floor above. It has been flooding me for six months. Her actions are intentional application damage?

• Lawyer's response:

  Art. 167 of the Criminal Code of the Russian Federation Intentional destruction or damage to property 1. Intentional destruction or damage to someone else’s property, if these acts entailed significant damage, are punishable by a fine in the amount of up to forty thousand rubles or in the amount of wages, or by imprisonment for a term of up to two years.

Marina Romanova

Task on Criminal Law. Evteev, having quarreled with his neighbor in the dacha, decided to take revenge on him. For this purpose, he set fire to his neighbor's house at night, hoping that the latter would wake up and have time to jump out of the burning house. However, Evteev’s neighbor lost consciousness from the smoke and died in the burning house. Determine the form and type of multiplicity of crimes.

• Lawyer's response:

  here there is an offense - intentional destruction or damage to property and murder. Evteev's action current is qualified under 2 hours, 2 art. 167 of the Criminal Code of the Russian Federation: - The same acts, committed by arson, explosion or other generally dangerous method, or which through negligence resulted in the death of a person or other grave consequences" The subject of this crime can be sane persons who have reached 16 years of age, and if deliberate destruction or damage to property under aggravating circumstances (Part 2) criminal liability begins at the age of fourteen (Part 2, Article 20). A crime can be committed with both direct and indirect intent. The motives and purpose of the perpetrator's actions do not matter. Nevertheless, their establishment is necessary to distinguish this crime from other socially related crimes. dangerous acts. For example, destruction or damage to someone else's property for hooligan reasons should be qualified under Art. 213.

Yakov Poluboyartsev

the person was convicted under Article 167, Criminal Code. The verdict has come into force, the question is: what next? how will it be implemented?

• usually with the help of bailiffs! ! what punishment was given?