Prices for the services of a lawyer in criminal cases
The threat of destruction of material property is considered as a threat of actual liquidation, rendering it absolutely unsuitable for further intended use, as well as such a fundamental change in material values, which significantly deteriorates the economic, aesthetic and actual value of things. This crime is characterized by the presence of direct intent.
The implementation of a threat to tangible property is subject to qualification under the relevant article of the Criminal Code of the Russian Federation. In accordance with legislative standards, the intention to damage material property will be considered criminal, regardless of the specific method that was chosen by the attacker to further realize his motives.
Various methods can be used to potentially damage material assets:
- Arson;
- Explosion;
- Mechanical destruction;
- Disablement;
- Damage to property in other generally dangerous ways, etc.
The social and individual danger of this type of crime directly affects not only the subject of the crime, but also the surrounding society. Such an action causes a feeling of strong anxiety, anxiety about one’s own material wealth, and therefore interferes with normal life and activity.
Main characteristics of crimes involving threats to damage property
The intention of destroying valuables is to intimidate immediately or in the future to damage property that is obviously foreign to the attacker. The crime associated with blackmail about damage to material assets is considered to be realized at the moment when the victim perceives the statements as potential actions.
The intent to damage material assets is considered complete, regardless of the form in which it was received. The legislation considers expression in writing, orally, by gestures, by transmitting a message through third parties, at the moment of actual demonstration of the means by which the specified intention can be carried out. An integral sign of a realized danger is the presence of reliable grounds for fear about the further implementation of received messages.
The threat of destruction is considered as lawlessness, which consists of active actions by attackers aimed at actually intimidating the injured party about the possible destruction of property in any way.
When an application for destruction of property arises, the following persons are considered as the injured party:
- Legal owner;
- Full owner of material assets;
- Persons under whose protection the value is;
- Citizens who are currently using items;
- A second person who is interested in the complete preservation of the property.
Concept and regulation
Article 167 of the Criminal Code of the Russian Federation reads as “Deliberate destruction or damage to property.” Such destruction also means damage to the existing property of the victim if, as a result of damage caused to the property, it ceased to exist or came to a state that makes its further use impossible.
Thus, the threat of property damage is understood as a set of actions by the offender aimed at the complete destruction of a pre-existing object of property law that has not been completed. The purpose of such threats is to induce a person to commit certain actions.
Punishment for such a crime is imposed only if the threats were brought to the attention of the victim and voiced in full, that is, the crime was completely over.
In accordance with the provisions of the above article, the maximum sentence for committing a crime under the provisions of this article is imprisonment for a term of up to two years, and if such actions were committed out of hooligan motives, then up to five years of imprisonment.
Threat of destruction of property: punishment for a crime
The danger of damage to material property does not fall under criminal penalties. If in such a situation there are real reasons to fear a potential thunderstorm, then such acts can be punished in various ways:
- Financial penalties;
- Public works;
- Corrective physical labor;
- Administrative arrest.
- Criminal liability for such atrocities is possible in exceptional cases, if damage to valuables constitutes another crime.
The following atrocities may be considered such offenses:
- Forcing to engage in sexual intercourse;
- Violation of the equality of citizens based on national, racial, religious, social and cultural affiliation;
- Violent statements against workers who are on duty (transport workers, law enforcement officers, officials and people engaged in public work);
- Criminal extortion;
- Intimidation with the aim of obstructing the activities of witnesses, experts, victims, violent coercion to refuse to give valid testimony and draw up a reliable conclusion;
- Opposition to legitimate economic and professional activities;
- Compulsory requirement to fulfill or prohibit the fulfillment of various civil obligations.
An essential condition for the criminal punishment of intimidation to destroy property is its actual reality, thus there must be real grounds for fear of the possible execution of the threat.
Factors that indicate the reality of intimidation are:
- Place of application;
- Way of expression;
- Specific circumstances that arise from the personal relationship between the offender and the victim.
Threats that come from previously convicted persons who have been convicted of a serious offense are distinguished by a significant degree of reality. The degree of possibility of a threat is assessed solely by the responsible investigator, judge, prosecutor or other official.
Author of the article
Dmitry Leonov
Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
Author's rating
721
Articles written
712
about the author
What is the threat of property damage?
There is no article in the Criminal Code of the Russian Federation that would provide for punishment for threatening to destroy or damage someone else's property.
But the threat of property damage is closely related to Article 167 of the Criminal Code of the Russian Federation “Intentional destruction or damage to property,” and then we can talk about a criminal act:
- Subject of the crime. According to the law, the subject of a crime under Article 167 of the Criminal Code of the Russian Federation is an object of material origin that was damaged or destroyed in connection with a criminal act, which entailed material damage to the injured party on a significant scale.
- Object of crime. We are talking about the sphere of social relations that have been violated. These are relationships between people that are of a property nature.
- The objective side is the characteristics of a specific type that are relevant to the crime.
- Subject – the presence of a specific person who commits such a crime. Such a subject can be of a general nature (no specifics) or special (official). The subject of such a criminal act may be a person who has reached the age of 16.
- The subjective side is the characteristics of a special kind inherent in the crime. We are talking about direct or indirect intent. This indicates that not only the person who damaged or destroyed the thing directly, but also the person who is involved in such an act indirectly, is subject to criminal liability.
What legal document governs
Damage and destruction of property is regulated by Article 167 of the Criminal Code of the Russian Federation; this article applies regardless of who suffered from the criminal act - a citizen or an organization. A mandatory feature is a causal relationship between actions and their consequences.
Under the first part of Article 167 of the Criminal Code of the Russian Federation, citizens over the age of 16 are responsible, and under the second – those who have reached 14 years of age. Persons who damage property in the following ways may be held liable:
- from motives of a hooligan nature, when there was no reason for this or there was a reason, but it was insignificant;
- the action is of a generally dangerous nature when significant material damage is caused. We are talking about arson, explosion or other action when a real danger is created for people, as well as for objects other than the one to which the criminal intent was directed. Flooding and collapse are also considered generally dangerous methods;
- negligently causing serious consequences or death of another person. Serious consequences mean physical injury, causing significant harm to several persons.
Important: property damage can be caused by negligence. This is regulated by Article 168 of the Criminal Code of the Russian Federation; liability arises only if we are talking about causing damage on a large scale (careless handling of fire or if we are talking about other sources that pose an increased danger).
Lawyers considered Kadyrov's threats to burn cars an incitement to crime
THIS MESSAGE (MATERIAL) WAS CREATED AND (OR) DISTRIBUTED BY A FOREIGN MEDIA PERFORMING THE FUNCTIONS OF A FOREIGN AGENT AND (OR) BY A RUSSIAN LEGAL ENTITY PERFORMING THE FUNCTIONS OF A FOREIGN AGENT.
Ramzan Kadyrov, who publicly threatens drivers to burn their cars for disrespectful attitude towards security forces, encourages the commission of a criminal offense, but formally there is no liability for calls for such acts, said lawyers interviewed by the Caucasian Knot. Kadyrov's words demonstrate that Russian laws do not apply in Chechnya, says former security official Gennady Gudkov.
As the “Caucasian Knot” wrote, the head of Chechnya, Ramzan Kadyrov, in a conversation with the speaker of the republican parliament, Magomed Daudov, threatened to confiscate and burn the cars of those who disrespect the police officers, and send the violators themselves to compulsory labor. Kadyrov makes such statements out of a sense of impunity, but some of his subordinates perceive them as a guide to action, according to analysts interviewed by the Caucasian Knot. Local residents noted that such recordings are distributed in messengers and social networks secretly and promptly deleted.
Russian laws do not provide for liability for such public threats.
The Prosecutor's Office or the Investigative Committee are obliged to begin an investigation after the publication of Ramzan Kadyrov's words about the need to burn the cars of those who are disrespectful to the police, lawyer Alexander Karavaev
.
“Undoubtedly, law enforcement agencies should start checking his words. These statements are not only outside the scope of legal norms, but also of universal human ethics and morality. These words come from a person who has serious power in at least one region of the Russian Federation,” Karavaev explained to the “Caucasian Knot” correspondent.
According to the lawyer, Kadyrov actually encourages the commission of a criminal act, which falls under Article 167 of the Criminal Code of the Russian Federation “Intentional destruction or damage to someone else’s property.”
“If the security forces, after Kadyrov’s words, commit such an act, this will mean that he actually encouraged illegal actions. If they start burning cars, it will be an abuse of power and deliberate damage to other people’s property,” the lawyer noted.
Karavaev also added that there is no formal liability for public threats to commit such a criminal act. “Responsibility for such public threats is not regulated in any way. The question of responsibility will arise when someone commits this crime based on the words of the head of Chechnya. But even in this case, it will be difficult to achieve anything, since Russian laws do not work in Chechnya,” he emphasized.
Moscow lawyer Evgeny Chernousov
I agree with Karavaev’s opinion. “There is no responsibility as such for such a public call. It can happen if someone admits that they committed a crime after hearing the call of Ramzan Kadyrov. But for now, his words can be regarded as emotional statements that do not violate the law,” Chernousov clarified to the Caucasian Knot correspondent.
In his opinion, the prosecutor’s office should deal with Kadyrov’s statement. “First of all, this statement concerns the prosecutor’s office of the republic. It is obliged to check all kinds of statements, media publications, and verify statements and publications. In this case, the prosecutor’s office should start [verifying] the statement of the head of the republic and explain why the head makes such a statement and whether this is a violation of the law,” the lawyer noted.
Chernousov is confident that if the security forces follow Kadyrov’s call and set fire to cars, this will be committing a crime.
“Drivers, of course, must unquestioningly follow the orders of the police. Cars can be damaged if security forces carry out some kind of operation, prepared in advance, and the driver of a particular car does not obey and tries to escape in the vehicle. But a clear abuse of official authority would be setting a car on fire based on the words of the head of the republic. The case can be initiated under the article “Intentional destruction or damage to someone else’s property.” But it seems to me that the security forces will correctly understand Kadyrov’s words and will not resort to such actions,” the lawyer expressed his opinion.
Kadyrov's statement demonstrated the ineffectiveness of Russian laws in Chechnya
President of the Stavropol Regional Public Fund “Sodeistvie-South”, conflictologist Yuri Efimov
It was difficult to name a case when statements by officials calling for violation of the law or abuse of power provoked a reaction from supervisory authorities.
“I can’t remember specific examples. But there were undoubtedly calls that went beyond the right field. However, the regional prosecutor's offices have always been quite loyal to such statements by the heads of the constituent entities. And it is unlikely that this time there will be a different reaction from the prosecutor’s office,” Efimov told the “Caucasian Knot” correspondent.
He noted that the heads of regions are in a special position, since such checks should be carried out by regional security forces, and they, as a rule, are controlled.
“If statements do not enter the political field of the federal center, then no one deals with them. Within the framework of a non-federal political agenda, governors and regional heads are quite free to make different statements. The prosecutor's inspection did not touch upon, and I think, will not touch upon, such insignificant, in the opinion of the Federal In other regions of Russia, such statements are practically impossible. The prosecutor's office, police, Investigative Committee, FSB and other structures work there. They carry out their duties if necessary, and verification of similar statements in other regions would be an absolute necessity. However, in Chechnya everything is “subjugated” under Kadyrov, all these structures are personally subordinate to Ramzan Kadyrov, and this is supported by the Kremlin. This independence of Kadyrov leads not only to such statements within Russia, but also to scandals outside our country,” Gudkov told the “Caucasian Knot” correspondent.
He is confident that the local prosecutor's office will not check Kadyrov's words. “In essence, Vladimir Putin completely handed over power to Ramzan Kadyrov and his entourage. Chechnya now has the status of a region where the laws and Constitution of the Russian Federation are an object of mockery. Kadyrov receives the support of the Kremlin, which does not have the ability or strength to interfere in the affairs of Chechnya. What Kadyrov and Daudov are saying is a direct violation of the Constitution of the Russian Federation. No one can be deprived of property without a court decision. Calls to take away cars or set them on fire means that the Constitution of the Russian Federation and laws have lost their validity,” Gudkov noted.
Let us note that Chechen officials regularly make threats against drivers for various violations. For example, in August, the speaker of the Chechen parliament, Magomed Daudov, demanded that cars be confiscated from drivers who do not wear protective masks. Daudov's threats caused concern among the residents of the republic.
The Caucasian Knot publishes materials about human rights violations in Chechnya, Kadyrov’s attacks on the opposition and his fight against dissidents in the republic on the thematic page “Dissent in Chechnya.”
