Art. 267 of the Criminal Code of the Russian Federation: rendering vehicles or means of communication unusable. Concept, essence, definition of the severity of guilt and punishment

ST 267 of the Criminal Code of the Russian Federation.

1. Destruction, damage or otherwise rendering unusable a vehicle, communication routes, signaling or communication means or other transport equipment, as well as deliberate blocking of transport communications, transport infrastructure facilities or obstruction of the movement of vehicles and pedestrians on communication routes, road network, if these acts created a threat to the life, health and safety of citizens or a threat of destruction or damage to the property of individuals and (or) legal entities, -

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

2. The same acts, which by negligence entailed the infliction of slight harm to health, -

shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two years to two years and six months, or by compulsory labor for a term of up to three hundred hours, or by forced labor for a term of up to two years, or imprisonment for the same period.

3. Acts provided for in the first part of this article, which entailed by negligence the infliction of moderate harm to health, -

shall be punishable by a fine in the amount of three hundred thousand to six hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two years, six months to three years, or by compulsory labor for a term of up to four hundred hours, or by forced labor for a term of up to three years, or imprisonment for the same period.

4. Acts provided for in part one of this article, which through negligence entailed the infliction of grave harm to human health or the infliction of major damage, -

shall be punishable by a fine in the amount of four hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of three to four years, or by compulsory labor for a term of up to four hundred and fifty hours, or by forced labor for a term of up to four years, or by imprisonment. for the same period.

5. Acts provided for in the first part of this article, resulting in the death of a person through negligence, -

shall be punishable by imprisonment for a term of up to eight years.

6. Acts provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

shall be punishable by imprisonment for a term of up to ten years.

Note. In this article, major damage is defined as damage the amount of which exceeds one million rubles.

Art. 267 of the Criminal Code of the Russian Federation

Violations include damage, breakdowns, rendering unusable vehicles or their elements, as well as roads, communications and other transport communications (for example, making changes to aircraft engines, dismantling railway tracks, theft of basic elements of a car, damage to shipping vehicles and other). A crime is considered only in the event of harm to human health or property damage. If damage to a shipping vehicle leads to the loss of cargo, as well as the death of citizens, several elements of crime are identified and an inspection is carried out, according to which a decision is made to initiate a criminal case under this article.

This article of the Criminal Code is divided into three parts, each of which provides for penalties. The least of them is part one, which carries up to 2 years of imprisonment. The largest penalty is imprisonment for up to ten years if the crime resulted in the death of several people. Thus, the crime is classified as serious.

The court may impose a suspended sentence if minor harm was caused.

Another comment on Art. 267 of the Criminal Code of the Russian Federation

1. The subject of the crime coincides with the corresponding signs of the crime provided for in Art. 266 of the Criminal Code, with the clarification that the disposition of the norm especially distinguishes from the means of communication such a variety of the subject of the crime as transport communications.

2. The objective side of the crime is expressed in actions, socially dangerous consequences and the causal relationship between them.

3. Destruction of vehicles, means of communication, signaling, communications or other transport equipment is a physical or chemical impact that renders the corresponding item completely unusable. Damage differs from destruction in that it presupposes the possibility of restoring the corresponding item. Rendering unserviceable by other means does not imply a violation of the physical integrity or structure of the item in question, but also prevents its intended use (for example, flooding, disconnection from the electrical network). A special case of rendering communication routes unusable is the blocking of transport communications, i.e. creating physical obstacles to the movement of vehicles along communication routes (creating blockages, filling with people, etc.).

4. The consequences of this crime are similar to the transport crimes discussed above and, in addition, can be expressed in causing major damage (property, environmental, organizational), the value of which is defined in the note at 1 million rubles. The qualifying features in the commented article are the same as in Art. Art. 263, 266 of the Criminal Code of the Russian Federation.

5. The subjective side of the crime is characterized by negligence mainly in the form of frivolity. An intentional attitude towards causing the consequences specified in the law, depending on the goals and other circumstances, is qualified under Art. Art. 105, 111, 205, 281 of the Criminal Code of the Russian Federation.

Vehicle groups

The transport infrastructure is well developed, so there is a large number of vehicles for different purposes. Let's look at some of them:

Special vehicles. Manufacturers of such vehicles pursue not only logistical goals, but also others (for example, tanks for participation in military operations).
Public transport. This group includes vehicles used for the transport of people and goods and for trade.
Individual transport. Cars purchased for personal use are the most striking and common example of such a group.

Transport may be divided depending on the type of movement.

Ground.
Air.
Water.
Space.
Of a different kind.

Each type has its own characteristics and is regulated by separate regulations. However, the vehicle is united by the fact that they are all high-risk vehicles.

Communication routes

Communication routes are the method used by people to move around. The concept acts as a supporting element of the movement system.

The following options exist:

Roads. The road surface is universal. Along the highway you can get from one point to another without the use of additional means of transportation (if you need to get across the mainland).

Railways. Used for train movement. Road construction is expensive because the rails are made of steel. In addition, railway transport is convenient for traveling from one city to another, as well as through mountainous areas. Roads wind between gorges. In addition, railway transport is convenient for planning long trips from one point of the state to another (Moscow - Vladivostok, for example).
Navigable rivers. This type of transportation is used in most cases for transporting goods. Water transport moves due to specific thrust.

Sea routes. Sea travel is the best of all, as it connects the mainland and island parts with each other. This transport is used both for moving passengers and for transporting goods.

Airports. The airspace is unique in its kind. This path is the fastest and does not require any preparation of paths. You can get from anywhere in the world to your desired destination. However, air travel is the most expensive.
Transportation using a pipeline. This type was created to move substances that cannot be moved by other means. For example, transportation of gas or water.

It is Art. 267 of the Criminal Code of the Russian Federation regulates all offenses related to the categories described above.

Investigative actions

In the event of a transport incident, a crime report is registered with the Ministry of Internal Affairs and an investigation is carried out. After a maximum period of time (30 days), based on the inspection materials, a decision is made to initiate a criminal case, to refuse this decision, or to transfer it under jurisdiction.

A message is transmitted, for example, to the investigative body if the case falls within the competence of this body. According to Art. 267 of the Criminal Code of the Russian Federation may be absent due to non-infliction of harm to citizens and the environment.

Investigative actions include inspection, questioning, interrogation, appointment of examinations and other actions that the authorized person prescribes.

There are special transport police, transport investigation departments and regional offices that are authorized to investigate crimes under Part 1 of Art. 267 of the Criminal Code of the Russian Federation.

Commentary on Article 267 of the Criminal Code of the Russian Federation

1. The object of the crime is the safe operating conditions of railway, water, air and land transport. The actions indicated in the article can lead to the death of people, cause great material damage, and disrupt the work of transport.

2. In terms of the subject of the attack, the crime basically coincides with the composition of Art. 266. As an additional subject, transport communications are named, which should be understood as permanent vehicle routes, specially installed and equipped for this purpose.

3. The objective side of the crime includes: destruction, damage or otherwise rendering unusable the items specified in the article, blocking transport communications, serious harm to health, major damage (Part 1 of the article under comment), death of a person (Part 2) or two or more persons (part 3).

Major damage is damage exceeding 1 million rubles. (note to the commented article).

4. Destruction means the complete collapse of a technical device, due to which it loses the ability to function for its intended purpose and cannot be restored (or restoration is not economically justified).

Damage is a partial change in the structure and shape of a technical device, due to which it completely or partially loses its functionality, but can be restored.

Methods of destruction or damage: mechanical impact, arson, explosion, etc.

5. Another way to render a technical device unusable is through actions that do not result in destruction or damage, but nevertheless lead to the removal of the device from service. This could be, for example, filling the engine cooling system with oil, as a result of which it stops working and there is a need to replace the cylinder block.

6. Blocking transport communications - placing obstacles on the route of a vehicle. Various objects (cars, stones, tree trunks, construction waste, etc.), living people brought by force or participating voluntarily in blocking roads, animals, etc. can be used as an obstacle. An obstacle may also include a power outage, flooded road, etc.

7. In terms of the content of the consequences, the commented article coincides with Art. 263 CC.

8. A mandatory element of a crime is a causal connection between the acts specified in the article and the harmful consequences.

9. The subjective side of the crime has a careless form of guilt.

10. The subject of a crime can be any sane individual who has reached the age of 14.

Specialized prosecutor's offices

The prosecutor's office is a supervisory body that monitors compliance and implementation of laws by ministries, departments, committees and other commercial organizations.

The specialized prosecutor's office involved in transport supervision is called the transport prosecutor's office for the federal district of the Russian Federation.

The powers of such state supervisory authorities include carrying out control and supervisory measures over water, river, air, road and rail transport.

The Transport Prosecutor's Office does not have the authority to initiate criminal cases under Art. 267 of the Criminal Code of the Russian Federation and other structures, however, it is authorized to check all actions and decisions made by transport departments of the police and investigation.

The severity of guilt

Art. 267 of the Criminal Code of the Russian Federation with comments also talks about gravity. Crimes related to transport can be punished with both fines and long-term imprisonment.

In practice, there are often cases when hooligans damage vehicles, or distinguish other elements from transport crimes (for example, theft).

Crimes related to hooliganism are punishable by significant fines. Crimes related to negligence or other subjective characteristics that resulted in death are punishable by imprisonment for up to ten years. There are very frequent cases when a crime is committed without the direct intention of a person, since a vehicle is recognized as a means of increased danger and many factors can provoke offenses. Art. 267, Part 1 of the Criminal Code of the Russian Federation with comments reveals the concept of actions that threaten the occurrence of an unlawful act. This qualification takes place because the consequences can be very severe.

Slander

The Criminal Code of the Russian Federation has expanded the list of possible penalties for libel. It was supplemented with such types of punishments as:

forced labor;
arrest;
deprivation of liberty.

The new version of Article 128.1 of the Criminal Code of the Russian Federation provides for criminal liability for libel that was expressed in a public speech, a public work, the media, or was committed publicly using information and telecommunication networks, including the Internet. The punishment is defined as:

a fine in the amount of up to 1,000,000 rubles or in the amount of wages or other income of the convicted person for a period of up to one year;
compulsory work for up to 240 hours;
forced labor for up to two years;
arrest for a term of up to two months or imprisonment for a term of up to two years.

The qualifying feature “slander coupled with accusing a person of committing a crime of a sexual nature” was replaced with the feature “libel coupled with accusing a person of committing a crime against sexual integrity and sexual freedom of the individual.”

For slander committed using one’s official position the following will be punished:

a fine in the amount of up to 2,000,000 rubles or in the amount of wages or other income of the convicted person for a period of up to two years;
compulsory work for up to 320 hours;
forced labor for up to three years;
arrest for up to four months;
imprisonment for a term of up to three years.

For disseminating false information that a person suffers from a disease that poses a danger to others, the following will be punishable:

a fine in the amount of up to 3,000,000 rubles or in the amount of wages or other income of the convicted person for a period of up to three years;
compulsory work for up to 400 hours;
forced labor for up to four years;
arrest for a term of three to six months;
imprisonment for a term of up to four years.

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Art. 267 of the Criminal Code of the Russian Federation: corpus delicti

The corpus delicti is identified in the case when the presence of a subject, object, subjective and objective side of the crime is proven.

The disabling of vehicles and communications includes the subject (the person who committed the crime), the object, social relations related to transport, the subjective side, that is, the proven guilt of the offender, and the objective side - causing physical or material harm.

The subject of the crime under the above article is a person who has reached the age of sixteen and is of sound mind.

The mental state is determined by an examination, but a person may refuse to be examined in a medical institution, so if necessary, a court order will be required.

Article 267 of the Criminal Code of the Russian Federation. Rendering of transport means or means of communication unusable

1. The subject of the crime is vehicles, means of communication, signaling or communication means, transport equipment and transport communications.

Communication routes in railway transport are a railway track with rails, sleepers and embankment; in the air - runways, taxiways, safety strips, etc.; in water transport - the route of a vessel from one geographical point (port) to another through open areas of the ocean or sea, as well as natural or artificial narrowings (straits, canals, rivers, lakes).

Signaling means - means that provide conditional information (command, report, notification, identification, control, etc.), can be audio, visual (light), etc. Signaling means, for example, include semaphores, beacons, beacons, wayfinding and marking signs.

Communication means are technical devices that provide the transmission and reception of various types of messages. Communication can be telephone, telegraph, telecode, facsimile, television, etc. Based on the means and medium of signal propagation, communications are divided into wired, radio, radio relay, simplex, space, optical, laser, etc. In terms of range, long-range and short-range communications are distinguished.

Transport equipment is understood as a set of mechanisms, devices, instruments necessary for the safe operation of railways, aviation, sea and river fleets.

Transport communications is a general concept that includes communication routes and structures on them.

2. Destruction is the complete collapse of the system, as a result of which it is unable to function for its intended purpose. When destroyed, either the technical possibility of restoring the subject of the crime is lost, or restoration becomes economically infeasible.

Damage entails a partial change in the properties, structure and form of a technical system, due to which it can be restored.

The safety of transport operation can be jeopardized even if the subject of the crime does not suffer damage and remains in good working order; for example, the relocation of a marking at an airfield affects the safety during takeoff and landing of an aircraft. Damage to the object of the attack is caused by the fact that the signaling device cannot function for its intended purpose.

This type of act also covers quite common cases of placing foreign heavy objects on existing railway tracks, such as, for example, a telegraph pole, logs, sleepers, brake shoes, stones, since under these conditions the railway track becomes unsuitable for safe use by rolling stock.

Blocking transport communications means significantly limiting or even paralyzing the activities of a certain link in the railway, air or water transport system. Most often this manifests itself in the fact that railway lines, runways, taxiways, etc. are blocked.

3. On the concept of grievous bodily harm, see the commentary to Art. 111 of the Criminal Code. Major damage is considered to be damage whose amount exceeds 1 million rubles.

4. The subjective side of the crime is characterized by a careless form of guilt.

5. The subject of the crime is a person who has reached the age of 14.

6. The death of one person or two persons or more is qualified according to Parts 2 and 3 of Art. 267.

Crime statistics

Transport units keep statistical records of crimes committed under Art. 267 of the Criminal Code of the Russian Federation. The crime rate for 2022 in Russia is higher than the rate for 2022 (first half of the year). This indicates a decrease in crime. In addition, crimes against transport security often develop into other forms, the most common of which are theft and terrorism.

Criminal terrorist groups are aimed at committing crimes in crowded places, and therefore mainly choose transport infrastructure, because a large number of people use the services of transport companies every day. The cluster attracts petty thieves, terrorists and other criminals who see profit in damaging vehicles and communications routes.

Article 267. “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on December 30, 2021)

Article 267. Rendering of transport means or means of communication unusable