Damage to property is a negative impact on material objects, as a result of which they lose their operational characteristics or become completely unusable. This action involves legal liability. Depending on the specific circumstances of the case, intentional and unintentional damage to property leads to punishment - administrative or criminal.
Brief Definition
Damage is the loss of the original qualities of an object as a result of exposure to external factors.
Property is defined as a set of objects that have material value and are owned by an individual/legal entity, municipality or state.
Thus, the answer to the question of what property damage is may be:
- damage – when a material object partially loses its operational characteristics and cannot be used for its intended purpose;
- destruction – when further use of a thing becomes impossible.
The definition of property damage includes both intentional and unintentional damage.
We recommend reading: “Application to a district police officer against unlucky neighbors: pitfalls, writing samples.”
Comments to ST 7.17 Code of Administrative Offenses of the Russian Federation
Article 7.17 of the Code of Administrative Offenses of the Russian Federation. Destruction or damage to someone else's property
Commentary on Article 7.17 of the Code of Administrative Offenses of the Russian Federation:
1. The subject of the offense provided for in this article is someone else’s property. This article protects from destruction or damage any property of others unless the actions of the perpetrator cause significant damage, regardless of who is its owner, possessor or user. This corresponds to the provision of Art. 8 (Part 2) of the Constitution of the Russian Federation, which established that in the Russian Federation private, state, municipal and other forms of property are recognized and protected equally.
2. Other people's property means property that does not belong to the tortfeasor on any legal basis.
3. By destroying someone else's property we mean bringing the property into complete disrepair, as a result of which it loses its economic value and cannot be used in accordance with its purpose.
By damaging someone else's property we mean bringing it into such a state that it becomes unusable without repair.
The question of whether property is destroyed or damaged and to what extent is usually obvious, but can be resolved with the help of experts if necessary.
4. From the objective side, the offense consists of illegal actions that led to the destruction or damage of someone else’s property, if they did not cause significant damage.
Significant damage, depending on the nature of the property, can be considered both the monetary value of the damage and the nature of the harm caused, if, for example, a work of art is damaged. The amount of damage is determined not only in terms of monetary value, but also the significance of the property for the owner, user or possessor.
5. From the subjective side, this offense is intentional, committed only with direct intent. This is indicated by the words “deliberate destruction or damage to someone else’s property.”
6. The subject of this offense is an individual who has reached 16 years of age.
7. The distinction between the administrative offense given in this article and the crime punishable under Art. 167 of the Criminal Code of the Russian Federation, is carried out according to the amount of harm caused.
8. The consideration of cases of administrative offenses falls under the jurisdiction of the magistrate (Part 1 of Article 23.1), who, when considering the case, in the absence of a dispute about compensation for property damage, has the right, simultaneously with the imposition of punishment, to decide the issue of compensation for property damage.
Protocols on administrative offenses are drawn up by officials of internal affairs bodies (police) (clause 1, part 2, article 28.3).
Damage to property depending on the type
This type of offense is also regulated by the Civil Code. For example, according to Art. 669 of the Civil Code of the Russian Federation, the risk of damage passes to the lessee at the moment the leased object is transferred to him. The terms of the transfer are regulated by the concluded agreement, according to which the subject of the transaction must be in a condition that allows it to be used for its intended purpose.
The tenant's liability for damage to property arises only if the lessor proves the fact of damage.
In order for the culprit to be punished, you need to know how to prove damage to property. If there is no evidence, it is impossible to initiate legal proceedings.
More information about how to collect evidence of property damage can be found in the articles “Arson of a house.” and “What to do if your neighbors are flooded.”
When does administrative responsibility arise?
Any form of property in the Russian Federation is protected by law, and theft, damage or destruction of property is a punishable offense.
Damage is understood as any damage to property, leading to a decrease in its value characteristics, including according to the subjective assessment of the owner.
The Code of Administrative Offenses of the Russian Federation contains punishment for this act, which can be applied under the following circumstances:
- sanctions will follow for any intentional action aimed at damaging other people’s objects and belongings - careless causing of harm is not punishable under the Code of Administrative Offenses of the Russian Federation, and damage can only be compensated in civil proceedings;
- the consequences of the guilty actions must be insignificant - if the amount of damage exceeds a significant amount, a criminal case will be initiated;
- only a citizen can be the subject of liability, since intent is determined only in the actions of individuals;
- Punishment will follow only for damage to other people's things and objects.
Intent to cause property damage is established when the offender understood the illegality of his actions and all the consequences, but deliberately committed an offense.
The most serious problems are caused by the correct determination of the amount of damage.
The law does not contain an exact amount, above which the amount of damage will be considered significant.
This indicator is an estimate and depends on many factors. When determining the significant nature of property damage, the judicial practice of the RF Armed Forces obliges to take into account the following factors:
- objective market value of the property;
- the cost of expenses or repairs that will be required to restore the original characteristics of the item (if possible, based on the properties of the item);
- the financial situation of the victim (obviously, damage to the same thing can have different meanings for citizens with different income levels);
- the presence of properties and characteristics of a personal nature in the item that increase the assessment of damage (for example, if an insignificant item from the archives of deceased relatives is damaged, which has personal significance only for the victim);
- other indicators.
Even a court cannot evaluate these factors, since special knowledge is required. For this purpose, an examination is appointed, which must draw a conclusion about the nature of the damage. As a rule, economic, business and/or accounting expertise, or a combined form thereof, is carried out. The further fate of the harm-cauter will depend on the conclusions of the expert report - if significant damage is identified, he will be recognized as an accused in a criminal case.
The expert's conclusions can be challenged. To do this, a potential violator has the right to petition the court to order a repeat or additional examination. The unfoundedness of the expert's conclusions can be referred to in court proceedings.
Destruction of property through negligence: corpus delicti, qualifications.
The corpus delicti under Article 168 of the Criminal Code of the Russian Federation presupposes two objects – specific and direct. Property acts as a species. The direct object is one of the forms of ownership.
The subject of the crime is property belonging to an individual, legal organization, or company. If the property is registered as shared ownership, then the subject of the crime is the share separated from this property. In order to qualify a crime under Article 168 of the Criminal Code of the Russian Federation, property must necessarily be of some material value. In other words, the investigative authorities will not initiate a criminal case in connection with the intentional destruction of a book or other small item; there is no corpus delicti as a criminal offense. Damage caused by the destruction of property due to negligence must be significant.
The subjective side of the destruction of someone else's property through negligence, provided for in Article 168 of the Criminal Code of the Russian Federation, is a careless form of guilt. Guilt, in turn, can arise as a result of frivolity, as well as the result of negligence.
What is meant by frivolity is that a person who has committed the destruction of someone else's property through negligence could have foreseen the consequences of his behavior, but hoped that nothing could happen from his actions. Negligence is manifested in the fact that a person did not foresee the possibility of irreparable consequences due to his shortsightedness or inattention. A cigarette butt thrown near a canister of gasoline caused the fuel to ignite and subsequently ignite a vehicle or other property. In this case, the person who threw the cigarette butt was negligent because he did not foresee the likelihood of irreparable consequences from the committed act.
The subject of a crime (destruction or damage to someone else's property through negligence) can be an individual who is sixteen years old at the time of the crime. Responsibility will be borne exclusively by a sane person.
Damage and destruction of property
Damage is considered as the loss of a part of a thing’s useful properties, and after some repair or restoration, the thing can again be suitable for use and perform its inherent functions.
The destruction of property means its complete loss as a result of causing significant damage to it that cannot be restored, i.e. the property ceases to exist and, accordingly, to fulfill its purpose.
Damage (destruction) of objects can be intentional, when the culprit knowingly causes damage to things, or unintentional, which is accidental damage or destruction of objects as a result of careless handling or imprudent actions.
The qualification of the degree of harm and the choice of punishment for the guilty person is established based on the legislation of the Russian Federation. Administrative offenses are described in Art. 7.17 Code of Administrative Offenses dated December 30, 2001 No. 195-FZ (Administrative Code). Criminal liability is provided for in Art. 167, art. 168, art. 214 of the Criminal Code of the Russian Federation.
Types of damage
To qualify an offense, it is necessary to establish the culprit, the reasons why the damage to other people’s things occurred and the amount of damage caused. To simplify this task , there are several areas in which property damage differs:
- intentional or unintentional;
- causing minor, significant or large-scale damage;
- damage to state property or private property.
Damage to state property
State property includes everything located in public places: park benches, fences, public transport, stadiums, school buildings and other educational institutions, including property located in them. Damage can be expressed in the desecration of objects with obscene inscriptions, breaking, destruction or burning.
The perpetrators are punished in accordance with the Code of Administrative Offenses if the cost of damage does not exceed 5,000 rubles. If the damage is more significant, the penalties provided for by the Criminal Code of the Russian Federation are applied.
Damage to private property
Private property is property owned by a specific citizen who has the full right to dispose of it at his own discretion. It is not always possible to protect things from damage or destruction, whether due to unintentional actions of a person or intentional damage to items.
The following are some examples of damage to private property:
- Damage to property in the store. Implies intentional or unintentional damage to goods or equipment located in the store.
- Damage to things in a hotel during temporary stay.
- Damage to the employer's belongings due to negligent performance of official duties or careless handling.
- Damage to neighbors' property due to flooding of their apartment.
- Damage to property by ex-spouses due to strained relationships.
- Damage to objects and belongings by the tenant in the apartment he rents.
A few examples of minor property damage: a broken plate in a restaurant; a bag torn in a public place; scratched car; broken glass at school; broken chair leg in the office.
In practice, there are a huge number of options for damaging or destroying other people's things. Each violation carries a specific penalty.
