For encroachment on the safety of someone else's property, damage to this property by arson, the perpetrators are punished in accordance with the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation).
What punishment does a person face for intentional or unintentional damage to someone else’s property?
Which article of the Criminal Code of the Russian Federation stipulates the punishment for arson of property and what is it expressed in?
What will be the purpose of deliberately setting fire to a house?
If a person intentionally committed a crime as a result of which the property of another person was damaged or destroyed by fire, then the perpetrator faces one of the following types of punishment:
- a fine of up to 40 thousand rubles or 3 months’ salary;
- compulsory work up to 360 hours;
- correctional labor for up to 12 months;
- forced labor for up to 2 years;
- arrest for up to 3 months;
- imprisonment for up to 2 years.
If the culprit committed arson, resulting in the death of another person or other grave consequences, then the punishment will be more severe: forced labor for up to 5 years or imprisonment for up to 5 years.
Arson of someone else's property through negligence - is there a penalty?
In criminal law there is no such thing as unintentional arson . Arson itself presupposes a deliberate act falling under Article 167 of the Criminal Code of the Russian Federation.
If the arson of someone else’s property was committed through negligence, due to frivolity and negligence (for example, the culprit forgot to put out the fire, smoked in the garage, etc.), then it is subject to qualification under Article 168 of the Criminal Code of the Russian Federation “Destruction or damage to property through negligence” .
In this case, the perpetrator may face a fine of up to 120 thousand rubles, or punishment in the form of compulsory, corrective labor, or imprisonment for up to 1 year.
Concept of destruction and damage to property
The concept of “Property damage” requires more detailed study. This term is evaluative, so specifying the damage itself is just as important as applying sanctions to persons who may be suspected of committing this crime.
The question arises as to whether the actions committed by a specific person fit this article. An intentional act, which is similar in description to Article 167 of the Criminal Code of the Russian Federation, but differs in meaning, can serve to incorrectly sentence the defendant himself.
Destruction of property is the complete loss by its owner of the useful characteristics of a certain item. Accordingly, based on this definition, damage is understood as a partial loss of the very benefits that their owner would have received if the things had not been damaged. As for quantitative measurements, the reduction of certain benefits represents a possible consequence of this crime.
Article for setting fire to grass and green spaces
When it comes to setting fire to vegetation, and not damaging someone else’s property, then it is not the Criminal Code, but the Administrative Code that comes into force.
If burning grass or branches led to damage or a decrease in soil fertility, then the culprit bears administrative responsibility for his actions.
You can burn dry grass only in calm weather at a distance of no closer than 50 m from the nearest object.
Due to the possibility of accidental arson, it is also prohibited to launch sky lanterns in urban districts and other settlements at a distance of less than 100 m from forests.
According to the Code of Administrative Violations of the Russian Federation (Article 20.4, Part 6), for setting grass and other green spaces on fire, resulting in a fire and damage to someone else’s property or causing mild or moderate harm to a person, the perpetrator faces one of the following penalties:
- for citizens – a fine of 4 to 5 thousand rubles;
- for officials – a fine of 40 to 50 thousand rubles;
- for legal entities – a fine of 350 to 400 thousand rubles.
In some cases, setting fire to forest plantations may also result in criminal liability. So, according to Art. 261 of the Criminal Code of the Russian Federation for unintentional arson of forest plantations, the perpetrator bears one of the following types of punishment:
- a fine of 200 to 400 rubles or salary for a period of 1 to 2 years;
- correctional labor for up to 2 years;
- forced labor for up to 3 years;
- imprisonment for up to 3 years.
If, as a result of the rash actions of the perpetrator, major damage to forest plantations was caused, then the following liability is provided:
- a fine of 300 to 500 thousand rubles or salary for a period of 2 to 3 years;
- compulsory work for up to 48-0 hours;
- correctional labor for up to 2 years;
- forced labor for up to 4 years;
- imprisonment for up to 4 years.
In paragraph 3 of Art. 261 of the Criminal Code also notes that in the case of deliberate arson of forest plantations, the guilty person is punished by one of the following types of punishment:
- a fine of 500 thousand to 1 million rubles or in the amount of salary for a period of 3 to 4 years;
- imprisonment for up to 8 years with a fine of 200 to 500 thousand rubles.
Important! In order to avoid damage to forest plantings as a result of your intentional or unintentional actions, you must behave correctly in nature: do not burn garbage and leaves in the local area, do not light fires on lakes, meadows, banks, or forests.
Be sure to be careful when handling fire. If fires occur, you must extinguish them as quickly as possible or immediately call the fire department or police.
When is an arson investigation scheduled?
To understand whether the arson was intentional or unintentional, an examination is carried out. Often the initiator of its implementation is an interested person.
For example, an insurance company conducts an examination to find out whether the car was set on fire intentionally or not.
After all, sometimes car owners themselves set fire to their cars in order to receive compensation payments from the insurance company.
Thanks to this examination, it is possible to find out:
- whether there were deaths as a result of arson;
- what amount of damage was caused to the property owner;
- at what time the fire occurred;
- what materials and methods were used to commit the arson;
- the fire was caused intentionally or unintentionally.
What to do if you are threatened with arson?
There is no article in the Criminal Code of the Russian Federation that prescribes liability for the threat of arson of property (apartments, cars, doors, etc.).
It turns out that until property is damaged due to arson, then no one will be able to determine the crime.
However, for threatening to set a house on fire, a person can be held administratively liable by issuing a fine.
To prove that you are being threatened, you must:
- Record a conversation with the offender on a voice recorder or telephone. You can also enlist the help of witnesses.
- Write a statement to the police about the threat of arson of a door, house, car, etc.
Rules for bringing liability for property damage
Demand that a case be initiated under Art.
168 of the Criminal Code of the Russian Federation can be the owner or other legal owner of assets. For example, if a citizen or organization owns real estate or transport on a rental basis, they can file a claim regarding damage to the property. An offender under this article can be a person who is 16 years old at the time of the illegal actions. If the offense was committed by a child under 16 years of age, criminal proceedings will be denied. In this case, the copyright holder will be able to obtain compensation for material damage in a civil suit.
Determining the cause of property damage is of great importance. For Art. 168 of the Criminal Code of the Russian Federation, the key criterion is the improper handling of sources of increased danger, as a result of which harm occurred. Judicial practice refers to the following sources:
- use of fire in violation of regulated rules, or failure to comply with mandatory precautions (for example, lighting fires in fire hazardous areas, smoking at gas stations, setting fire to dry garbage near houses, etc.);
- operation of vehicles and other mechanisms requiring compliance with special rules;
- production equipment, including industrial safety facilities;
- sources of electrical energy (household electrical appliances, professional equipment, etc.);
- equipment and mechanisms operating on gas, liquid or other fuels, i.e. having a fire or explosive atmosphere.
The above list may be significantly wider, and the method of damage to property will be determined by the investigation and the court.
It is relatively easy to prove the amount of damage caused. According to Art. 168 of the Criminal Code of the Russian Federation it must exceed 250 thousand rubles. During the investigation, examinations will be ordered, during which the real value of the damaged items will be determined. As a rule, this takes into account the amount of costs required to restore things and objects to their original condition. For examinations, regulatory methods and reference books, information on market prices are used.
If the examination shows that the cost of the damage did not exceed 250 thousand rubles, the damage will have to be compensated in civil proceedings. To do this, you need to file a statement of claim according to the rules of the Code of Civil Procedure of the Russian Federation, and the materials of the criminal case can be used as evidence.
The findings of the examination on the amount of damage caused will also be used when filing a civil claim against the culprit. The victim can exercise this right directly during the criminal process, or by subsequently filing a separate civil claim. According to the law, the convicted person is obliged to fully compensate for the harm caused by his actions.
If people were injured during careless damage to property, the culprit will suffer additional punishment. For this purpose, the provisions of the Criminal Code of the Russian Federation on causing harm to life and health through negligence will be applied. Criminal prosecution occurs if serious harm to health due to negligence is proven, or death occurs. For light and medium injuries without direct or indirect intent, there will be no additional punishment under the Criminal Code of the Russian Federation.
Article of the Criminal Code of the Russian Federation for the threat of arson
The State Duma has been considering bill No. 377933-7 since January 2022.
It states that criminal liability should be borne not only by those persons who have destroyed or damaged the property of another person, but also by those who threaten to destroy property.
Arson also refers to the possible destruction of property, so this bill is worth considering. Deputies proposed supplementing Article 168 with clause 168.1 “Threat of destruction of property.”
According to this article, for threatening to destroy property by arson or explosion, the perpetrator must suffer one of the following types of punishment:
- fine up to 100 thousand rubles;
- compulsory work for up to 240 hours;
- correctional labor for up to 1 year;
- imprisonment for up to six months.
This bill is still under consideration in 2022, but perhaps deputies will soon adopt it.
The need to adopt this bill is due to the fact that today many unscrupulous organizations: collection agencies, microfinance organizations are trying to get debts out of them by intimidating people.
If the bill is passed, then it will be possible to find justice for the collectors.
How much do you get for setting a car on fire in 2022?
Based on the norms of the Criminal Code, for arson of a car, as well as for arson of other property of the victim, the attacker faces punishment in accordance with the same Article 167 of the Criminal Code of the Russian Federation.
For setting a car on fire, he may face a fine of 40 thousand rubles, mandatory correctional labor, or arrest.
But you shouldn’t complain ahead of time about the imperfection of the Criminal Law and such a small fine for such a criminal violation as arson of a car.
Analyzing the situation in which the car was set on fire, the judge can hold the culprit accountable under other articles:
- Art. 213 of the Criminal Code “Hooliganism” - if, as a result of a violation of public order, the culprit set fire to a car. In this case, the suspect faces punishment in the form of compulsory, correctional labor or imprisonment for up to 5 years;
- Art. 158 of the Criminal Code “Theft” - if the suspect stole a car with the aim of setting it on fire. In this case, he may face punishment in the form of a fine of up to 200 thousand rubles or compulsory, corrective, forced labor or restriction of freedom.
Deliberate arson of a car is an action in which an attacker sets fire to another person’s car on order or for a fee.
The type of punishment, duration of forced labor, correctional labor, arrest, or the amount of a fine for setting a car on fire is determined in court, taking into account the individual characteristics of the situation.
How can I avoid punishment if I set fire to a car without realizing my actions (I was intoxicated)?
Of course, you will have to be punished for setting a car on fire, because alcohol intoxication is not an excuse for committing such a crime.
But criminal liability can be avoided if the culprit compensates the victim for material damage in full, that is, pays him money for repairs and restoration of the car.
In this situation, the criminal case will be terminated due to the reconciliation of the parties. This norm is dictated by Art. 25 Code of Criminal Procedure of the Russian Federation.
Can a minor face punishment for destroying property by arson?
Yes, you can be brought to criminal liability under Article 167 of the Criminal Code of the Russian Federation from the age of 16 . But there are situations in which perpetrators who were 14 years old at the time of the crime can be held accountable.
So, according to Art. 20 of the Criminal Code of the Russian Federation for the intentional destruction and damage of someone else's property with aggravating circumstances, persons aged 14-16 years can be held liable for arson.
Punishment can be forced labor for up to 5 years or imprisonment for the same period.
Arson of buildings and structures as a result of a terrorist act
Terror is a high degree of public danger; it is a crime of an international nature.
If, as a result of terrorist actions, attackers committed arson to intimidate the population, create a danger of death or cause damage, then the Criminal Code provides for Article 205 of the Criminal Code of the Russian Federation for threatening arson and committing a terrorist act, according to which attackers may be punished as follows:
- imprisonment for a term of 10-15 years;
- imprisonment for a term of 15 to 20 years - if a dangerous act was committed by a group of persons by prior conspiracy, which negligently resulted in the death of an innocent person.
What to do if the culprit of the car arson incident refuses to compensate for the damage?
If the perpetrator of the arson of someone else's car refuses to reimburse the victim for repairs, then the victim must file a lawsuit demanding compensation for material damage.
In order for the amount of damage to be adequate and consistent with the amount of damage caused to the car, it is necessary to attract an appraiser who can estimate the cost of car repairs.
Threat of property damage - article in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation
There is no article in the legislation guaranteeing punishment for the threat of damage or destruction of property. In some cases, you can determine the punishment for the actions of an aggressive person towards you based on administrative law. Article 7.17 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability for intentional damage or destruction of someone else's property if these actions resulted in minor damage in the form of penalties in the amount of 300 to 500 rubles. If significant damage is caused, then it will be possible to prosecute under Article 167 of the Criminal Code of the Russian Federation.
Statute of limitations for arson of a car or apartment
Many people are interested in the question: “Is there a statute of limitations for a crime involving arson of a car, apartment or other property of the victim? Does he have the right to file a lawsuit a year after the arson?”
Statute of limitations under Art. 167 of the Criminal Code of the Russian Federation “Deliberate destruction or damage to someone else’s property” is:
- 2 years – if the perpetrator destroyed or damaged the property of another person, which resulted in damage to that person;
- 6 years - if the arson was committed as a result of hooligan behavior, which entailed serious consequences, including the death of a person.
The calculation of the statute of limitations is suspended for the period while the person accused of committing arson evades trial and investigation.
The statute of limitations is renewed when the perpetrator is detained or surrenders to law enforcement agencies.
There is no such article in the Criminal Code of the Russian Federation as intentional arson. But there is Article 167 “Deliberate damage and destruction of someone else’s property,” which specifically includes arson.
For such an illegal action, the perpetrator may face punishment in the form of a fine of up to 40 thousand rubles, forced labor, or imprisonment for up to 2 years.
The Criminal Code does not have the concept of intentional or unintentional arson, so whatever the intent of the attacker, he needs to understand that he will suffer punishment for setting fire to a car, doors in an apartment, or a house.
Commentary to Art. 167 of the Criminal Code of the Russian Federation
The object of the crime is property relations.
An object is someone else's property (in the sense of a thing), both movable and immovable. It should be noted that the Plenum of the Supreme Court of the Russian Federation in relation to this crime gave a fundamentally different concept of someone else’s property than in relation to theft. Other people's property includes, in particular, property that is in common ownership of the perpetrator and other persons (only damage caused to other persons is taken into account) (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire").
If a person destroys or damages his own property in a generally dangerous way, and as a result, with direct or indirect intent, damage is caused to the property of others, the act also entails liability under Art. 167 of the Criminal Code of the Russian Federation. If, under the same circumstances, damage to someone else’s property is caused by negligence, the act is qualified under Art. 168 of the Criminal Code of the Russian Federation (in both cases, when calculating damage, only the damage caused to someone else’s property is taken into account).
The objective side includes action, consequences and causation.
The act can be expressed in any action or inaction that entailed the consequences specified in the law. The law does not specify the content of the act in this crime.
Consequences - significant property damage, expressed in destruction or damage to property. Destruction of property means rendering it completely unusable. Destroyed property cannot be restored. It cannot be used for its intended purpose. Damage is understood as causing harm to a thing, significantly reducing its consumer value. Damage to property presupposes the possibility of using it in a damaged state and (or) the possibility of restoring it to its previous condition.
Significant damage is an assessment indicator. Moreover, if damage is caused to a citizen, by virtue of Note 2 to Art. 158 of the Criminal Code of the Russian Federation cannot be less than two and a half thousand rubles. Obviously, significant damage to the organization should amount to no less. Paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 N 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire” states that “when resolving the issue whether significant damage has been caused to the owner or other holder of property should be based on the value of the destroyed property or the cost of restoring damaged property, the significance of this property for the victim, for example, depending on the type of his activity and financial situation or the financial and economic condition of the legal entity that was owner or other possessor of destroyed or damaged property.”
When qualifying a crime, actual damage without lost profits is taken into account. When property is destroyed, the damage is determined by its value. If property is damaged, the damage is determined by the cost of repairs, taking into account a possible price reduction. When property is damaged, if its restoration is impossible or impractical, the damage is determined as the difference in price before and after the damage. When assessing damage as a result of destruction or damage to used property, its depreciation is taken into account.
Losses are subject to compensation in full, including those not taken into account when qualifying the crime.
The corpus delicti is material. The crime is completed from the moment the damage is caused.
Intentional destruction or damage to someone else's property, committed out of hooligan motives, by arson, explosion or other generally dangerous method, entails criminal liability under Part 2 of Art. 167 of the Criminal Code of the Russian Federation only in the case of actual infliction of significant damage to the victim. If, as a result of these actions, the consequences provided for by law did not occur for reasons independent of the will of the perpetrator, then what he did if he had the intent to cause significant damage should be considered as an attempt to deliberately destroy or damage someone else’s property (Part 3 of Article 30 and Part 2 Article 167 of the Criminal Code of the Russian Federation).
The actions of the perpetrator related to the destruction or damage of property that was stolen by him represent a way of disposing of stolen property at his own discretion and additional qualification under Art. 167 of the Criminal Code of the Russian Federation is not required. No additional qualifications are required under Art. 167 of the Criminal Code of the Russian Federation and in those situations where damage to property is a method of committing theft, for example, when the culprit damages a car by opening it for the purpose of committing theft.
At the same time, if, during the theft of someone else’s property, the property of the victim, which was not the subject of the theft (for example, furniture, household appliances and other things), was intentionally destroyed or damaged, the act should be additionally qualified under Art. 167 of the Criminal Code of the Russian Federation, subject to causing significant damage.
The subjective side is characterized by guilt in the form of intent (direct or indirect), when the perpetrator is aware of the social danger of his act, foresees the possibility or inevitability of socially dangerous consequences in the form of damage and wants them to occur or does not want them, but consciously allows these consequences or is indifferent to them . Attempted crime is only possible with direct intent.
As stated above, for the existence of the crime under consideration, the perpetrator must be aware of the fact that he is destroying someone else’s property. Therefore, there is no corpus delicti in cases where such awareness is absent, for example, if the culprit purchased a stolen car, which he was not aware of, and dismantled it, then his actions do not contain corpus delicti, since as a bona fide purchaser of the car the person disposes of the car as his own property and dismantles it, without the intent to destroy someone else’s property.
The general subject of the crime is a sane person who has reached the age of sixteen. According to Part 2 of Art. 167 of the Criminal Code of the Russian Federation, responsibility begins at the age of fourteen.
Qualifying features:
1) hooligan motives;
2) arson, explosion or other generally dangerous method;
3) causing the death of a person or other grave consequences through negligence.
Part 2 Art. 167 of the Criminal Code of the Russian Federation can be imputed only if all the signs of a crime provided for in Part 1 of this article are present, including significant damage. Therefore, the destruction of low-value property in a generally dangerous manner or for hooligan reasons, which does not cause significant damage, does not entail criminal liability under this article at all. If grave consequences are caused by negligence under such circumstances, the act must be qualified under Art. 168 of the Criminal Code of the Russian Federation or according to the norms on crimes against the person (depending on the severity of the harm caused).
If there is direct intent aimed at causing property damage in a significant amount, it is possible to qualify the act as an attempted crime under Part 2 of Art. 167 of the Criminal Code of the Russian Federation, if the damage in a significant amount was not caused due to circumstances beyond the control of the person.
Hooligan motives include, for example, the desire to oppose oneself to society, the commission of an act without motive or its commission for a minor reason.
The use of fire in itself is not enough to qualify the offense under Part 2 of Art. 167 of the Criminal Code of the Russian Federation, there must be a real threat of harm to the life or health of a person or the property of other persons. Deliberate destruction or damage to individual objects using fire under conditions that exclude its spread to other objects and the emergence of a threat of harm to the life and health of people, as well as other people’s property, must be qualified under Part 1 of Art. 167 of the Criminal Code of the Russian Federation, if the victim suffered significant damage.
Although the law indicates a “generally dangerous method”, this qualifying feature is imputed not only with direct, but also with indirect intent (clause 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules safety, destruction or damage to property by arson or as a result of careless handling of fire"). Thus, if, when destroying or damaging someone else’s property by arson or in another generally dangerous way, the perpetrator foresaw and wanted or did not want, but consciously allowed the occurrence of such consequences of his act as the death of a person or harm to the health of the victim, the act constitutes a set of crimes provided for in Part. 2 tbsp. 167 of the Criminal Code of the Russian Federation and depending on the intent and the consequences that occurred - clause “e”, part 2 of Art. 105 or paragraph “c” of Part 2 of Art. 111 or Art. Art. 112, 115 of the Criminal Code of the Russian Federation.
A generally dangerous method is understood as a method that creates a threat of destruction of property of an unlimited number of people or a threat to their life and health (explosion, arson, flooding, etc.).
The attitude towards the consequences in the form of a person’s death can only be careless. In this case, the subjective side of the crime is expressed in the presence of two forms of guilt. With intent, liability for murder arises, which does not exclude imputation based on the totality of crimes in Part 2 of Art. 167 of the Criminal Code of the Russian Federation.
Other “grave consequences caused by negligence as a result of the intentional destruction or damage of property (part two of Article 167 of the Criminal Code of the Russian Federation) include, in particular: the negligent infliction of grievous harm to the health of at least one person 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.” (Clause 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 5, 2002 N 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire”).
Intentional infliction of death and any harm to health (severe, moderate, light) is not covered by Art. 167 of the Criminal Code of the Russian Federation and requires additional qualifications according to the rules on crimes against the person.
