Most people associate vandals with a group of teenagers who, for some reason, purposefully destroy property located on the street, in city buildings, and on public transport. Many of us have noticed broken benches, trash cans, painted house facades, etc. in parks. Such actions form a crime under Article 214 of the Criminal Code of the Russian Federation - vandalism. What punishment can be imposed on guilty persons, how to determine the signs of this particular crime, read here.
The essence of the crime
In the Criminal Law of Russia, vandalism was absent as a crime until 1997, when liability for damage to property in public places was introduced by amendments to the code. According to statistics, more than 4,000 cases of crimes under Art. 214 of the Criminal Code of the Russian Federation. It should be noted that these figures do not take into account unsolved and unreported incidents, of which there are approximately the same number. Some experts are of the opinion that the rather high percentage of latent crime in this area is associated with the difficulty of determining the signs of a crime that is so similar to other acts.
Vandalism can be expressed in the following actions (alternatively):
- desecration of structures or buildings.
- damage to property in public places.
Let's look at these two methods of committing a crime in more detail.
Desecration of buildings
In the criminal legal sense, a structure should be understood as any building designed to support people’s livelihoods: transport stops, underground passages, historical monuments, bridges, fences. Even advertising stands are considered a structure, which, if damaged, may result in criminal liability for vandalism.
A building is any structure that is intended for the presence of people in it in connection with work (offices, manufacturing plants, companies), with leisure (cinemas, libraries, museums), with the provision of medical services (clinics, hospitals, ambulance stations, etc.) .d.), with religion (church, chapel, places of worship).
What is desecration? Experts in criminal law argue that to desecrate means to disfigure, to give an indecent appearance, and such actions can concern both the entire structure (building) and any part of it.
Example No. 1 . Prigozhin P.A. carved an obscenity addressed to his ex-girlfriend who lives opposite with a drill on the façade of a newly renovated clinic building. A criminal case was opened against Prigozhin for vandalism. At the court hearing, the lawyer tried to prove that the half-meter inscription of four letters on the facade of the building, which is over 80 meters long, is not desecration. According to the defense, Prigozhin’s act is insignificant and does not constitute desecration. The court did not agree with this position and condemned Prigozhin, drawing attention in the verdict to the fact that the ratio of the size of the building itself and the area where there is damage is not decisive for confirming the elements of a crime.
Turning to practice, it would be fair to note that in reality there are still cases where the actions of vandals are recognized as insignificant, that is, insufficient to initiate a criminal case. Thus, an inscription measuring a few centimeters almost never entails the initiation of a case under Art. 214 of the Criminal Code of the Russian Federation, if it is made on the outside of the building. But under certain circumstances, even such small inscriptions made indoors may be considered sufficient to bring criminal charges (for example, if such a thing was committed in a temple, a library of world significance, etc.).
Usually, desecration does not entail consequences in the form of expensive repairs, eliminating the danger of building collapse, etc. Here the motive of the criminal is not so much to cause major damage, but rather to contrast his behavior with the principles of morality and public morality. It does not matter whether such actions resulted in material damage - from the moment the inscription is applied, the crime is already considered completed.
Most often, inscriptions on walls, gates, and fences are considered desecration. These can be not only obscene words, obscene language, but also images, symbols indicating membership in a certain social group (for example, a swastika), or without meaning. Images are most often made using spray paint, sometimes using regular emulsion, less often by excision (as in the previous example). In some cases, vandals, on the contrary, do not apply an inscription, but cover up the existing one.
Example No. 2 . At the entrance to the building of the local history museum there was a marble slab on which information was engraved about the opening date of the museum, its honorary director, and opening hours. This slab was hopelessly damaged - scarlet paint was splashed onto it, covering all the words. Subsequently, a criminal case was initiated under Art. 214 of the Criminal Code of the Russian Federation, the student who confessed to the crime was found guilty.
For qualification, it does not matter how the building was desecrated, but the main sign must be confirmed - the object is located in a public place, within sight of other people. To determine the aesthetic damage to an object, an examination may be required, which is usually carried out during the investigation. Most often, this is a comprehensive study with the participation of several specialists, in which psychologists, linguists, specialists in aesthetics, religion, history, etc. can be involved.
Damage to property in a public place
The legislator specifically clarifies that vandalism can manifest itself in damage not only to real estate, but also to public transport. Thus, a striking example of vandalism can be the damage to seats in the subway, trolleybuses, deliberate damage to handrails, racks on trams, buses, damage to windows on trains, etc.
In practice, modes of transport are differentiated in order to clearly define the attribute “public”. It is generally accepted that this is passenger transport accessible to the general public. This category does not include school buses, transport for employees in a particular organization, limousines for weddings, etc.
Example No. 3 . Rogov K.A. worked in a company producing and installing suspended ceilings. The head of the organization allocated a company minibus for permanent use by K.A. Rogov. and his partner, in order to conveniently move equipment from client to client. Having quarreled with his partner, Rogov K.A. Out of anger, he broke one of the bus seats; it could not be restored. The initiation of a criminal case on the fact of vandalism was refused, since official transport cannot be recognized as public, but later Rogov was held responsible for damage to property.
Property may be partially damaged or completely destroyed - to qualify a crime under Art. 214 of the Criminal Code of the Russian Federation, this does not matter; the act is considered completed from the moment of causing at least some harm. The method the attackers used is also not important. So, destructive actions can be like this:
- breaking (for example, windows in a trolleybus or train);
- deformation (dent on the metal surface of the bus);
- cutting (cuts from theater seats with a sharp object);
- arson (lighting garbage in public trash cans);
- demolition (tipping over telephone booths, outdoor dry closets).
The amount of damage from such actions may vary; all this is taken into account in the claims that the administration may bring against the perpetrator, but does not in any way affect the qualifications. In other words, if Petrov cut 25 seats in the interior of a regular bus and thereby caused damage to the municipality in the amount of more than 100,000 rubles, or if Ivanov cut one such seat, both will have the same corpus delicti - vandalism.
However, in some cases, damage to property is considered a minor act and does not entail criminal liability. Most often, this can be due to minor damage to a low-value item.
Example No. 4 . Noskov A.V. deliberately damaged a metro card on one of the subway trains, practically tearing it out of the inner lining of the car. The act was considered insignificant, since the very next day it was planned to remove this train from the flight due to its disrepair, and restoration work was planned. According to the restoration plan, it was necessary to completely renovate each car both from the inside and outside, with the installation of new metro cards to replace the outdated ones. Under such circumstances, the initiation of a criminal case was refused, since Noskov’s actions, although contrary to public interests, did not inherently cause any harm due to the dilapidation of passenger transport.
Both desecration and damage to property in public places are always committed with intent. A citizen who accidentally caused damage cannot be found guilty of vandalism.
Example No. 5 . Ignatov I.R. was at an appointment with a dentist. During treatment, Ignatov unknowingly, due to unbearable pain, damaged the microscope, accidentally touching it with his hand. The microscope was broken and could not be restored, that is, it was actually destroyed. The administration of the clinic recovered through the court from Ignatov the amount of damage caused, but a criminal case under any article, including Art. 214 of the Criminal Code of the Russian Federation, was not prosecuted - negligence excludes criminal liability.
Often, types of vandalism such as desecration of buildings and damage to property in public places occur simultaneously. In such situations, the actions of the perpetrator are qualified as one crime under Art. 214 of the Criminal Code of the Russian Federation, and the volume of criminal actions already affects the severity of the punishment.
Responsibility
If the actions of the criminal were regarded as an offense under Part 1 of Art. 244 of the Criminal Code of the Russian Federation , the following penalties can be imposed:
- a fine of up to 40,000 rubles or 3 months’ salary;
- compulsory work for 360 hours;
- corrective labor for a year;
- arrest for 3 months.
When qualifying a crime under Part 2 of this article, the penalties may be as follows:
- restriction of a citizen’s movements for 3 years;
- forced labor for 5 years;
- arrest for a period of 3 to 6 months;
- imprisonment for 5 years.
Note. The court chooses a specific punishment taking into account all aggravating and mitigating circumstances.
When there is no punishment
There are cases when a special exhumation of a corpse from a grave is carried out in order to conduct additional investigative actions . It will be considered legal only after receiving the necessary documents from all authorities, and also when the relatives of the deceased agree with the need for this action. Exhumation should be carried out with the participation of forensic experts and doctors.
If the exhumation of the body is carried out by the relatives of the deceased themselves with the aim of transferring the remains to another place, then they will need to collect a certain package of documents, which will allow them to carry out such a procedure.
Let's say a corpse was discovered by accident, as a result of some renovation work (for example, when building a house in a long-abandoned cemetery). Workers will not be held liable under Art. 244 of the Criminal Code of the Russian Federation, since in this case there is no corpus delicti.
Punishment
Responsibility for this crime can begin as early as 14 years of age. The punishment for vandalism can be as follows:
- fine up to 40,000 rubles;
- compulsory work up to 360 hours;
- correctional labor for up to 1 year;
- restriction or imprisonment for up to 3 years (if the crime was committed by a group of persons or for national reasons).
Most often, vandals who break the law for the first time can get off with a suspended sentence or community service. Those who constantly commit such crimes may lose their freedom and be sent to a penal colony.
What does judicial practice show?
When deciding cases, Article 244 is often used, since vandals and hooligans often use the cemetery for their crimes.
Examples of cases:
- Citizen U. was walking through the cemetery when he saw the funeral of an important official. He suspected that he would be wearing expensive things, so he returned there at night and opened the grave, removing gold jewelry from the deceased. The cemetery security saw this and managed to detain the criminal. For desecration of the grave and desecration of the body, he was given a court sentence in the form of arrest for 3 months and a fine.
- Citizen V. and her friends decided to organize a holiday in the cemetery, among the graves. While drinking, she got into a fight with a friend, threw her onto the monument, after which it fell and broke. At the sounds of what had happened, security guards came running, detained the unlucky criminals and took them to the police. For the destruction of the monument, they received a year of suspended imprisonment, compulsory labor and a fine.
- Citizen Z. was a necrophiliac, dug up corpses from graves and performed sexual acts with them. He desecrated and violated 11 bodies before he was apprehended. For such an attitude and immoral actions, the court sentenced him to 3 years in prison and fines for the restoration of the graves of the victims.
What decisions are made under Article 244?
The article more often makes guilty decisions; few people are acquitted under it. In 2022, 45 cases were considered under it. 9 people were put behind bars, 1 was given a suspended sentence, 4 were ordered to restrict their freedom, 9 were given a fine, 6 were given correctional sentences, 16 were given compulsory labor, 15 were declared insane.
Difference from other crimes
We have previously noted that vandalism in some situations is difficult to distinguish from other compounds, for example:
Difference from hooliganism
Hooliganism is a demonstrative, gross violation of public order, while vandals usually act at night, out of sight of the public. In both crimes, criminals oppose themselves to society, make a certain challenge to society, its traditions, and the usual way of life. Moreover, if hooliganism is an open opposition to society, then vandalism is often committed covertly, without attracting people’s attention, with the obligatory damage to property, albeit sometimes minor (while damage is not a mandatory sign of hooliganism).
Example No. 6 . Nikolaev N.G. During the celebration of November 4 in the city square, he was intoxicated, shouted obscene words at Lenin, and threw stones and bottles at representatives of the Communist Party of the Russian Federation participating in the organized procession. Nikolaev was held liable for hooliganism under Art. 213 of the Criminal Code of the Russian Federation.
On the same day, a criminal case was opened for vandalism, since police found inscriptions expressing disagreement with the directions of politics in Russia on the monument to Lenin on the same square. As it was later established, the act of vandalism was committed by two young people who were interested in politics, and they acted at a late time, when the processions were over and there was no one in the square. The perpetrators were punished under Art. 214 Code of Criminal Procedure of the Russian Federation.
Difference from property damage
Damage to property (Article 167 of the Criminal Code of the Russian Federation) - the person responsible for causing damage to the personal property of a particular citizen is responsible for this crime, while vandals damage property in public places (or on transport). Damage under Art. 167 of the Criminal Code of the Russian Federation must necessarily exceed 5,000 rubles, that is, be significant for the victim. Such a requirement for the existence of a crime under Art. 214 of the Criminal Code of the Russian Federation is not required, material damage may even be insignificant.
Since damage to property under Art. 167 of the Criminal Code of the Russian Federation can be committed for hooligan motives; sometimes it is difficult to distinguish this crime from the act provided for in Art. 214 of the Criminal Code of the Russian Federation.
Example No. 7 . Volodin N.E., angry that the housemate had once again awkwardly parked his car in the yard, kicked the car several times, damaging the fender. After the police were called, they began to assess the damage that the expert recorded. The result of the assessment was the amount of 8,700 rubles. Since the property of an individual was damaged, damage of more than 5,000 rubles was confirmed, the actions of the perpetrator fall under Part 2 of Art. 167 of the Criminal Code of the Russian Federation - deliberate destruction or damage to property for hooligan reasons (the presence of this sign is due to the fact that the actions took place in a public place). As can be seen from the example, the culprit intentionally damaged the personal property of another citizen; under such circumstances, vandalism cannot occur here.
Other differences
- Making vehicles (or means of communication) unusable is a separate crime (Article 267 of the Criminal Code of the Russian Federation), which is used extremely rarely in practice. It differs from vandalism in the absence of a goal to disrupt public order, since the perpetrator has the intent to render the vehicle unusable. The consequences resulting from such a crime are larger compared to the actions of vandals (in some cases, disasters may occur, resulting in casualties among people).
- Damage to cultural monuments (Article 243 of the Criminal Code of the Russian Federation) is a very similar crime to the act under Art. 214 of the Criminal Code of the Russian Federation. Let us remind you that the object of attention of vandals can be buildings or structures, while objects under Art. 243 of the Criminal Code of the Russian Federation can only include sculptures, works of painting, and inventions that are included in a special register in accordance with the Federal Law “On Objects of Cultural Heritage.” If experts determine the status of an object as a cultural monument, that is, its high national value is confirmed, the actions of the perpetrator will be regarded as a crime under Art. 243 of the Criminal Code of the Russian Federation.
- Desecration of the bodies of the dead and burial places - in such crimes, the perpetrator, by desecrating graves or other burial places, violates the moral principles and traditions of the people, but not public order.
The legislator separately provides for liability for desecration of objects located in the cemetery . Thus, there will be no vandalism in the actions of the perpetrator if the object of desecration is tombstones, sculptural structures in the burial places of loved ones, as well as architectural compositions dedicated to the fight against fascism. In these cases, liability is provided for in separate articles 243 or 244 of the Criminal Code of the Russian Federation.
Example No. 8 . Malyshev I.R. appealed to the police with a statement to bring a person without a fixed place of residence, permanently residing in the cemetery, to criminal liability under Art. 214 of the Criminal Code of the Russian Federation. The applicant reported that a small chapel built near the grave of Malyshev’s deceased mother I.R. was damaged by an unknown man. It was established that the chapel was broken by P.A. Bukov, who really did not have a place of residence and used this place for an overnight stay. Bukov P.A. was found guilty, but not of committing the crime of vandalism, but of committing desecration of their burial places, since the subject of the act was a structure intended for ceremonies in connection with the commemoration of the deceased, which is separately provided for by the criminal law in Article 244 of the Criminal Code of the Russian Federation.
Article 244: desecration of the bodies of the dead and their burial places
This article qualifies any crimes during which the bodies of the dead, their burial places, monuments or structures that are used for ritual purposes are violated.
Legal commentary on Article 244 of the Criminal Code of the Russian Federation
Desecration of graves and other crimes of this type are aimed at public relations in the sphere of morality and ethics. It is these relationships that are their object.
The social danger of the crime concerns disrespect for the memory of a deceased person and its insult.
