Many citizens in their lives are faced with the concepts of damage and harm on an especially large scale. The limits of these concepts are not clear to many, despite the consolidation of these concepts in the Criminal Code. Therefore, it is important to understand what size is recognized as large and how it affects the severity of sanctions. On this issue, we will understand today.
Normative legal acts regulating issues of the size of material damage
Major damage is dealt with in the Penal Code. This is due to the fact that determining the amount of pecuniary damage in the analysis of crimes affects the severity of the sanctions applied to the offender.
Chapter 21 of the Criminal Code of the Russian Federation indicates the specific amount of amounts at which financial damage will be considered large or especially large. It is such a gradation that makes it possible to qualify such crimes against property as robbery, fraud, theft, robbery, and also to determine what measure of restraint to choose.
Chapter 22 of the Code deals with crimes in which the object of abuse is the economic sphere. Violations in this area include various types of market manipulation, illegal loan processing, etc. In this area, the subjects of crimes in most cases are individual entrepreneurs, therefore the amount of damage here is higher than in chapter 21.
Definition of damage as major
In various articles of the Criminal Code of the Russian Federation, the amount of material damage may be interpreted in different ways, despite the fact that there are references in specific norms of the Code.
Major damage and the special amount of financial damage are determined depending on the type of crime and the particular financial situation of the victim. For example, when considering fraud, the amount of damage will be calculated according to special rules.
Major damage
This amount of pecuniary damage in the Criminal Code is recorded in the fourth note to article 158. According to the specified norm, the amount of damage must exceed two hundred and fifty thousand in rubles.
It is also noted there that in some cases the damage can reach one and a half million in rubles. For example, if the crimes are connected with scams in the insurance sphere, in the field of using debit and credit cards, in the field of entrepreneurship and computer-type technologies.
If the offense is related to non-performance of agreements in the framework of entrepreneurial activity, the amount of damage is calculated as large if it reaches three and a half million rubles.
According to the norms of Chapter 22 of the Code, the amount of damage is considered large if it exceeds one and a half million rubles. If the crimes are related to the restriction of competition under Article 178 of the Criminal Code, ten thousand rubles of material damage is sufficient to hold a person liable.
Extra size harm
A particularly large amount of damage is more than a million rubles. If the acts are related to fraud in the field of lending, insurance, computer technology, the use of payment cards, the amount of damage with innovations in the Criminal Code of the Russian Federation is twelve million in rubles.
The new rules on particularly serious damage are enshrined in article 159 on theft (sixth and seventh parts) instead of the previously existing fourth part.
Criteria for the relative assessment of harm
The assessment of the damage caused is determined on the basis of public danger, the market price of the property that has been damaged. The calculation of the amount is based on sales receipts and other documents confirming the amount of damaged items.
In addition to calculating the amount of harm, the property status of the victim (citizen or enterprise) is assessed on the day the crime is committed. When the damage caused to money in the form of robbery, theft, fraud is established, non-cash and cash funds that have become the object of a criminal assault are taken into account.
To assess the damage caused to property, third-party experts are invited. If in the process of conducting assessment activities the investigation has disputed the determination of the amount of material damage, they use the help of independent expert organizations.
The amount of harm as a sign of a qualifying type
Major damage under the Criminal Code is determined on the basis of the amount of material damage caused to the victim, depending on this, the type of sanction is established.
In addition, the amount of punishment is affected by the presence of qualifying attributes. They may be the object of the attack itself (money, objects of possession, etc.). Also, the qualifying symptom may be the subject of a crime.
If the object of the infringement is property or the economy, the amount of harm (together with an assessment of the consequences and danger to society) has a great influence on determining the type and period of punishment. Often in the practice of criminal cases, the rule applies: the higher the amount of damage, the stricter the punishment.
The possibility of challenging the cost of material loss
If a citizen causes major damage, the damage assessment is carried out in accordance with the rules established by law. These same rules make it possible to challenge the calculated amounts.
To recount the amount of damage, it is necessary to study what documents the experts were guided in the assessment, to make copies of the documents they submitted. In addition, the parties are entitled to conduct their own independent verification of the assessment.
Compensation pending criminal proceedings
According to the Criminal Code of the Russian Federation, major damage or harm of a special size can be recovered in a compulsory manner after a court decision is made. Or reimbursed on a voluntary basis before the institution of the case.
According to the provisions of article 76.1 of the Criminal Code, a person can be exempted from criminal liability if he indemnifies the damage voluntarily. An automatic exemption from sanctioning takes place for tax crimes.
According to the norms of the second part of the article under review, a person is not threatened with criminal punishment for timely repayment of damage in the following cases.
- A citizen committed an act for the first time.
- A person has indemnified damage caused by his actions to other citizens, a legal entity or the state.
- The offender transferred twice the amount of damage to the federal budget.
- The act of a citizen falls under the articles specified in the second part of article 76.1.
If the offender is included in one of these categories of entities and has compensated for the damage ahead of schedule, he will not face criminal prosecution, criminal record, or social consequences.
In the conditions of instability of the ruble and the dollar
Large and especially large amounts of damage are calculated according to the rules established in Decree No. 51 issued by the Plenum of the Supreme Court on December 27, 2007.
According to the specified legal act, the amount of material damage is calculated as follows:
- The amount stolen as a result of crimes under Articles 158 - 162 of the Criminal Code of the Russian Federation is calculated based on the actual valuation of property at the date of the criminal offense.
- If there is no information regarding the real value of things at the indicated moment, it is necessary to invite an independent expert organization that will evaluate and promote the market. Based on the results of the audit, the amount of damage caused by the criminal to the victim will be determined.
- The harm that the offender will have to compensate is calculated on the basis of an assessment of the value of things at the date of the decision on the compulsory compensation of damage. It is also possible to index the indicated amount if a certain time has passed from the court pronouncing the sentence to its execution.
- Items of particular historical, artistic, scientific or other value are evaluated in a special order. For this, value in financial terms and their significance for culture and society are taken into account. Evaluation of such things is carried out only by experts.
- If there is any disagreement regarding the assessment of the damage caused, it is recommended to invite a third-party independent expert. Payment for the services of this person will be made by the customer.
Final conclusions
In conclusion, several important facts should be noted:
- In connection with the latest changes in the criminal law, the amount of damage incurred in the commission of crimes against property or the economy of the country, sufficient to initiate a criminal case, has increased significantly.
- In order to initiate a criminal case against a citizen who has committed an encroachment on another person’s property, the minimum amount of damage must be at least five thousand rubles. If the damage is less, the case will be considered as administrative (Article 7.27.1).
- A person convicted of a crime in which the property or the economic sphere of the country acts as the object of the infringement has the right to file a petition for mitigation or full release from liability (principle of decriminalization).
- Citizens who have committed crimes in the economic field or in relation to the property of others are entitled to be exempted from criminal liability. This is possible if the offender meets the requirements of article 76.1 of the Criminal Code.
- The amount of damage caused as a result of theft, robbery or robbery is determined on the basis of the cost of damaged items on the day the criminal offense was committed. If it is impossible to determine it, third-party experts are invited.
- As a general rule, damage is recognized as major in excess of two hundred and fifty thousand rubles. Damage in the amount of one million rubles is considered especially large. In exceptional cases, these numbers increase.
Major damage and material damage of a special size are similar concepts. Their difference is the amount that allows you to qualify a particular act and determine the type and duration of punishment.