Intentional damage to property under the Criminal Code of the Russian Federation provides for criminal liability, in accordance with Article 167. This concept means the complete destruction of property or its partial damage.
In order to determine material damage, the value and quantity of damaged property should be taken into account. Deliberate destruction of property is most often punished in accordance with criminal law with fines in the amount of one hundred times the minimum wage or imprisonment for a period of up to 24 months . If such a criminal act is recognized by the court as a particularly dangerous crime, then the attacker may face punishment in the form of imprisonment for up to 5 years.
Qualification of actions under Article 167 of the Criminal Code of the Russian Federation
According to the Criminal Code of the Russian Federation, Article 167 has several options for qualifications:
- Part one implies liability for pre-planned destruction or damage to someone else's property causing significant material damage;
- Part two provides for damage to someone else's property as a result of hooliganism.
In general, Article 167 of the Criminal Code of the Russian Federation extends its effect not only to the purposeful damage to the property of other people. In this regard, a crime can be considered either intentional or unintentional.
In both cases, the presence of a threat from the criminal at the time of the commission of the act is an aggravating circumstance, regardless of the property to which the criminal act applies. This factor may affect the outcome of the trial for the worse, but only if a criminal act was actually committed.
What liability is provided for the threat of causing harm to someone else's property?
If there is a threat of damage to someone else's property, the law does not provide for liability. However, in accordance with Article 167 of the Criminal Code of the Russian Federation, punishment may be imposed if a crime has been committed.
For actual damage to the property of another person in the presence of a threat, the offender may, according to criminal law, bear the following penalties:
- a fine of up to 40 thousand rubles;
- compensation for material damage in the amount of three times monthly income;
- correctional labor for a period of up to 24 months;
- arrest;
- compulsory work up to 360 hours;
- imprisonment up to 24 months.
For hooligan acts, for example, deliberate arson, which resulted in serious harm to health and loss of property, the offender may be punished by forced labor or imprisonment for a period of up to 60 months.
How to compensate for material and moral damage for damage to property through civil court?
Holding a guilty person accountable for intentional damage to someone else's property under criminal law does not entail compensation to the injured party for the damage caused.
To recover damages from the culprit, you must file a claim in civil court. If the convicted person has been previously convicted, then the victim has the right to file a claim during the criminal trial or after its completion. If the amount of all damage caused does not allow to initiate a criminal case, then the claim will be considered in civil proceedings. In this case, the injured party will need to present appropriate evidence of damage to property and demand compensation for losses from the defendant.
During the course of a trial, you can recover material and moral damages, as well as legal costs, from the culprit of damage to someone else’s property.
Criminal procedural meaning of property damage
The term “harm” is used in criminal proceedings in the following aspects:
- harm as an element of proof (clause 4, part 1, article 73 of the Criminal Procedure Code of the Russian Federation);
- information about the nature and extent of harm as information that must be indicated in procedural documents (indictment, act, resolution);
- establishment of harm as an issue within the exclusive competence of the court (clause 3.1, part 2, article 29 of the Code of Criminal Procedure of the Russian Federation) and subject to resolution when rendering a sentence;
- harm as one of the conditions for bringing to criminal liability a person who has encroached on the interests of a commercial or other non-public (non-state) organization, along with a statement from the injured person (Article 23 of the Code of Criminal Procedure of the Russian Federation);
- making amends for the damage caused by the crime as a condition for terminating the criminal case in accordance with Art. 25 and 25.1 of the Code of Criminal Procedure of the Russian Federation;
- the fact of suffering criminal harm as a basis for recognizing a person as a victim (Part 1 of Article 42 of the Code of Criminal Procedure of the Russian Federation);
- compensation for property and moral damage as the right of the victim (part 3 of article 42 of the Code of Criminal Procedure of the Russian Federation);
- filing a claim for compensation for criminal property damage as the basis for consideration of a civil and criminal claim in one process (Part 1 of Article 44 of the Code of Criminal Procedure of the Russian Federation), the application of measures to ensure it (Article 160.1 of the Code of Criminal Procedure of the Russian Federation);
- the need to compensate for criminal damage as a basis for the use of coercive measures, such as seizure of property (Article 115 of the Code of Criminal Procedure of the Russian Federation), including securities (Article 116 of the Code of Criminal Procedure of the Russian Federation).
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How to correctly determine the price of damaged property?
Before determining the cost of the damage caused, it is necessary to first conduct an independent examination during the investigation. The following types of property may require an appraisal:
- Vehicles . If they were destroyed as a result of an explosion or arson, it is quite difficult for an expert to determine the amount of damage caused. In order to assess the extent of the damage as objectively as possible, you should know such data as the cost of the car in the region, its production date, wear and tear, duration of operation, etc.
- Real estate . If someone else's real estate is damaged, the cadastral value of the premises at the time of the commission of the criminal act, the cost of restoration, the fact of the possibility or impossibility of further exploitation of the property are assessed.
- Expensive goods . These include fur, leather and jewelry. When assessing the damage caused, the price of the product is determined on the basis of a sales or cash receipt, if available.
After preparing the results of an independent examination and determining the amount of damage, a decision is made on the possibility of initiating a criminal case for causing damage to someone else’s property.
Rehabilitation: grounds, compensation for harm
The judicial system in the Russian Federation is not without shortcomings, therefore the possibility of judicial (judicial) error when considering and resolving criminal cases still exists today.
This fact is confirmed by the number of sentences canceled or changed by higher authorities.
One of the mistakes that is significant for human life that a judge can make is to pronounce a guilty verdict against an innocent citizen who is forced to bear punishment for a crime committed by another person. Can anything make up for the harm this has caused him?
For this purpose, the Institute of Rehabilitation is established in the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation). It represents a procedure for restoring the rights and freedoms of a person who has been illegally or unreasonably subjected to criminal prosecution. The right to rehabilitation includes the right to compensation for property and moral damage, restoration of labor, pension, housing and other rights.
The right to rehabilitation, including the right to compensation for harm associated with criminal prosecution, is enjoyed by both persons whose criminal prosecution was declared illegal or unfounded by the court of first instance, and persons against whom criminal prosecution was terminated at the pre-trial stages of criminal proceedings or a criminal case terminated and (or) the sentence canceled in the appeal, cassation, supervisory procedures, due to newly discovered or new circumstances. A more detailed list of persons entitled to rehabilitation and the grounds for the emergence of this right is enshrined in parts 2, 21 of Article 133 of the Code of Criminal Procedure of the Russian Federation. Also, any person unlawfully subjected to measures of procedural coercion during criminal proceedings has the right to compensation for harm.
However, there are exceptions to this list; the right to rehabilitation will not arise if procedural coercive measures or a conviction were canceled or changed on the following grounds:
- issuance of an act of amnesty;
- expiration of statute of limitations;
- not reaching the age at which criminal liability begins;
- the person is a minor, has reached the age at which criminal liability begins, but due to mental retardation (not associated with a mental disorder) could not fully understand the actual nature and social danger of his actions (inaction) and manage them at the time of committing a crime acts;
- a law has been adopted eliminating crime or punishability of an act.
It is also worth paying attention to the fact that persons entitled to rehabilitation, specified in Part 2 of Article 133 of the Code of Criminal Procedure of the Russian Federation, do not include, in particular, a suspect, accused, convicted person, whose criminal actions have been reclassified or qualifying features have been excluded from the charge, erroneously imputed articles in the absence of an ideal totality of crimes or in respect of which other decisions were made that reduce the scope of the charge, but do not exclude it, as well as convicted persons whose sentence was reduced by a higher court to the limit below the time served.
The right to rehabilitation is recognized by the court for an acquitted person; investigator or inquiry officer - for a person against whom criminal prosecution has been terminated. At the same time, the person is sent a notice explaining the procedure for compensation for damage. In the event that the rehabilitated person has died, the notice is sent to his heirs, close relatives, relatives or dependents whose place of residence is known. If there is no information about their place of residence, a notice is sent no later than 5 days from the date of their application to the bodies of inquiry, preliminary investigation or to the court.
The basis for a person’s right to rehabilitation is an acquittal or a decision (ruling) to terminate a criminal case (criminal prosecution) on the above grounds.
Compensation for property damage
Within three years from the date of receipt of a verdict, ruling or court order recognizing a person’s right to rehabilitation, and notification of the procedure for compensation for damage, the rehabilitated person, the legal representative of the rehabilitated person or the heirs, relatives, dependents of the deceased person being rehabilitated have the right to apply for a claim for compensation for property damage according to your choice in:
- the court that passed the verdict, issued a decision, a ruling to terminate the criminal case and (or) criminal prosecution;
- court at the place of residence of the rehabilitated person;
- the court at the location of the body that issued the decision to terminate the criminal case and (or) criminal prosecution or to cancel or change illegal or unfounded decisions.
The missed statute of limitations can be restored (Article 205 of the Civil Code of the Russian Federation).
It is worth considering the fact that if the criminal case was dismissed or the sentence was changed by a higher court, then the claim for compensation for damages is sent to the court that passed the sentence, or to the court at the place of residence of the rehabilitated person.
Within a period not exceeding one month from the date of receipt of the claim for compensation for property damage, the judge determines its amount and issues a ruling on making payments to compensate for this damage. These payments are made taking into account the inflation rate. The amount of payments to be reimbursed to the rehabilitated person is determined by the court taking into account the consumer price growth index at the place of work or residence of the rehabilitated person at the time of the start of criminal prosecution, calculated by the state statistics bodies of the Russian Federation in the constituent entity of the Russian Federation at the time the decision on compensation for harm was made.
All monetary payments that the rehabilitated person was deprived of and that are subject to reimbursement are calculated from the moment of termination of their payments. The period for which they are subject to compensation is determined by the court, taking into account the specific circumstances of the case.
The Ministry of Finance of the Russian Federation is involved as a defendant in cases of claims for compensation for property damage on behalf of the Treasury of the Russian Federation.
Compensation for moral damage
As for moral damage, it is compensated as follows. First, the prosecutor, on behalf of the state, formally apologizes to the rehabilitated person for the harm caused to him. Secondly, the rehabilitated person has the right to file a claim for compensation for moral damage caused in monetary terms. This claim is being brought in civil proceedings. In the event that information about the detention of a rehabilitated person, his detention, his temporary removal from office, the application of compulsory medical measures to him, the conviction of a rehabilitated person and other illegal actions applied to him were published in the press, distributed on radio, television or in other media, then at the request of the rehabilitated person, and in the event of his death - his close relatives or relatives, or by written order of the court, prosecutor, head of the investigative body, investigator, inquirer, the relevant media are obliged to make a report on the rehabilitation within 30 days .
Also, the rehabilitated person, and in the event of his death, his close relatives or relatives, have the right to demand the sending of written messages about the decisions made exonerating the citizen at his place of work, study or place of residence, which the court, prosecutor, investigator, inquirer are required to do no later than 14 days.
Claims for compensation for moral damage in monetary terms are brought in civil proceedings. Such cases are subject to jurisdiction by district courts or garrison military courts. Claims may be brought to court by those being rehabilitated:
- at the place of residence or location of the defendant;
- at the place of residence of the plaintiff.
When determining the amount of monetary compensation, the court takes into account the degree and nature of physical and moral suffering associated with the individual characteristics of the person who suffered harm, and other circumstances worthy of attention.
Damage is compensated by the state in full, regardless of the guilt of the inquiry body, interrogating officer, investigator, prosecutor and court at the expense of the treasury of the Russian Federation. The court does not have the right to impose on the rehabilitated person the obligation to prove the guilt of specific officials.
Of course, the institution of rehabilitation, no matter what form it takes, will never be able to provide equivalent compensation for lost time, physical and moral suffering, lost chance for self-realization and everything else that was taken from a person by someone’s wrong action. But by proclaiming a person, his rights and freedoms as the highest value, the state is obliged to guarantee and ensure to the maximum possible extent the right to compensation for harm caused by illegal actions (inaction) of government bodies or officials.
Unintentional damage to someone else's property: features of the application of criminal liability
According to the current criminal law, causing losses due to the complete or partial destruction of someone else's property is carried out intentionally. However, as practice shows, there are cases when unintentional damage to property occurs.
In this case, criminal liability arises only if:
- the amount of damage caused is more than 250 thousand rubles;
- damage was caused due to improper handling of dangerous objects, such as fire.
For a crime committed through negligence, punishment is provided in the form of:
- fine up to 120 thousand rubles;
- public works;
- imprisonment for up to 12 months.
Thus, according to current legislation, for causing damage to someone else’s property, not only criminal liability is provided, but also civil liability. All the nuances of the application of each of them are regulated by articles of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation. Punishments are prescribed depending on the severity of the act committed, the criminal record of the guilty person in the past, public danger and other circumstances. The final verdict is made by the court. The decision made can be appealed by the injured party to a higher court.
Property damage as the subject of a civil claim
For the purpose of procedural economy, the victim may, during criminal proceedings, make a claim for compensation for property damage and compensation for moral damage (Part 1 of Article 44 of the Code of Criminal Procedure of the Russian Federation). This requirement entails the emergence of two new procedural figures:
- civil plaintiff - a person who was directly harmed by the crime (including, for example, the legal representative of a minor victim who incurred the costs of restoring his health);
- civil defendant, which can be either the accused himself (as a general rule, or another person who, in accordance with the law, is responsible for his actions (legal representative, employer).
Note 1
Let us note that the procedural rights of these participants are limited precisely by the subject of their dispute - a civil, not a criminal claim.
