Every man has a property in a particular property.It can be movable and immovable.And the owner disposes of them at its discretion.At the same time, there are cases when someone commits damage to property, intentionally or by negligence.Namely or damage it, or completely destroys.In connection with this criminal law suschestvuetugolovnaya responsibility when committed property damage.
Article 167 of the Criminal Code applies to persons who have committed intentional damage.Attracting requirement under this heading is that the property should not be the property of the person, it damaged or destroyed.However, if in addition to their property destroyed or someone else, such as the arson of his house burned down the barn neighbor, criminal liability is not excluded.
The actus willful damage someone else's property can be expressed in the form of destruction and damage.Destruction of property - this is his destruction, and the termination of its existence.Damage to property - is its damage or destruction.
The crime - the material and bring the person to justice must come consequences - destruction of property.Article 167 of the Criminal Code applies regardless of who caused the damage: an organization or citizen.Causation actions and consequences - a mandatory feature for this crime.Spoiling another's property to qualify under this item should be expressed in the form of intent.
subject of a crime under Part 1 - a citizen who has attained the age of 16, under Part 2 - 14 years.
P same time, part 2 of article involved perpetrators property damage:
- hooligan motives, means that it is committed without any reason or is not significant, on the basis of explicit disrespect that person generally accepted norms and society;
- dangerous method in which caused significant property damage.This could be an explosion, arson, etc.., That is to be any real danger to people, as well as other facilities, in addition to which the perpetrator has been directed intent.For other dangerous method include: collapse, flooding, etc .;
- and the reasons therefore, in the death of another person, other serious consequences.If the death of all is clear, then the second term in the law is not revealed.Other serious consequences, for example, refers infliction of serious physical damage, causing harm to several persons, etc.
can also occur through carelessness property damage.Article 168 provides for such a case.A person may be held under this article only when the damage occurred on a large scale due to the careless handling of fire, other sources of increased danger.Large size - is the value of the property value, which is 500 times the minimum wage, on the day of the crime.
addition there are administrative criminal responsibility if committed property damage.Article 7.17 of the Administrative Code provides for administrative responsibility if the actions did not cause a considerable damage.
When deciding on the significance of the damage, must be based not only on the value of the property, but also because of other relevant circumstances, which include: financial situation of the person to whom the damage is caused, the financial position of the organization, the importance of the lost things forowner.Administrative responsibility for damage to other people's property, however, as criminal, may be subject only to the individual.
In order to protect themselves and their property from destruction or damage to another person it is desirable to insure it.In the future it may not be superfluous.
