Such behavior of a person is considered to be vandalism, as a result of which private or public property, as well as historical monuments and other objects of culture and art, are destroyed or desecrated. Article 214 of the Criminal Code of the Russian Federation provides for a certain punishment to those who have been noticed in the commission of such acts.
Vandal actions
Historians say that people spoke about vandalism for the first time back in 455. The situation occurred in Rome and, according to the head of the clergy of Pope Leo the First, caused irreparable damage to the great ancient city. The vandal tribe that existed in those days abducted many people, taking with them a large number of historical and other values. In fact, it was just robbery. But since then, any meaningless actions that cause serious harm to property have been called just that. Article 214 of the Criminal Code of the Russian Federation describes in detail such acts. They have two distinctive features. Firstly, such acts violate public order. Secondly, they threaten the protection of public property and morality. It is on this that article 214 of the Criminal Code of the Russian Federation focuses its attention.
It does not talk about theft, as one and a half thousand years ago. Rather, it refers to the fact of a barbaric attitude towards values. It can be works of art or objects that are the cultural heritage of society.
Causes of vandalism
All actions committed by people have their own logical explanation. In this case, it is difficult to imagine what can cause a person to destroy what is created by others. And when it comes to historical value, another question arises: "Why are they doing this?" I want to know what makes people turn into real monsters. These actions are very reminiscent of acts of hooliganism, with the only difference being that most often they are not performed in such a demonstrative manner, although at times they resemble a real idea. If we talk about the age of criminals, then for the most part these are teenagers. In their years, everyone wants to assert themselves and seem more significant in the eyes of others. This is probably why article 214 of the Criminal Code of the Russian Federation provides for liability from the age of fourteen. A teenager is always enthusiastically ready to demonstrate his courage and strength. He is unfamiliar with the feeling of fear so much as to understand what all this can lead to. In addition, this is a time when all young people are trying to attract attention by any means. Their desire to be in demand and popular sometimes makes them commit the most unpredictable acts.
The punishment of the guilty
Aggression of this kind is different. Therefore, the article "Vandalism" consists of two parts. The first deals with individual manifestations of rash cruelty.
For example, a young man decided to scratch his name on the wall of a building, which is considered a historical monument. His only desire at that moment was to declare himself. With his actions, he wants to gain authority among peers, to make everyone talk about him. At this time, he seems to himself a hero who is ready for any reckless act. And the more significant the damage, the more he is proud of it. But this does not justify his actions. Society should not suffer from the fact that one of its members does not know the limits of what is permissible. This can lead to permissiveness and confusion. Therefore, the article “Vandalism” appeared, with the help of which the state has the opportunity to suspend such vicious practice. For damage to structures, buildings and other property located in vehicles or other public places, the violator risks receiving a sentence of:
- a fine, the amount of which can be from 40,000 rubles to the amount that makes up his total income for three months;
- compulsory work (but not more than 360 hours);
- arrest for 3 months;
- forced labor up to 1 year.
These measures are more educational in nature. With their help, the state is trying to explain to the citizen the inadmissibility of such acts.
Aggravation of guilt
Vandalism can be massive. These issues are considered in part 2 of article 214 of the Criminal Code of the Russian Federation. If a group of people is involved in a case, the situation takes on a completely different look. The actions of the team, as a rule, are pre-thought out and prepared. This only exacerbates the guilt. In addition, the paragraph has additions. They provide explanations regarding possible motives. Criminal acts may be committed due to religious, ideological, racial, political or national hostility. In addition, hatred towards any particular social group cannot be ruled out. In this case, vandalism can be expressed in the collapse of monuments, houses of worship and other objects that are sacred and inviolable for some people. As a sign of neglect of other people's ideals, criminals can use graffiti with fascist symbols or obscene expressions to inflict the most severe moral trauma on opponents.
For such actions they will be punished in the form of forced labor, as well as restriction or complete imprisonment for a term of not more than three years.
Interesting details
Comments on article 214 of the Criminal Code help to better understand the problem. This allows, if not to justify, then at least understand the violators.
The first part of this article is sometimes confused with hooliganism. Of course, in both cases, actions lead to complete or partial destruction. The only difference is that the vandal, in contrast to the bully, by his actions not only spoils the property, but also violates public order. For example, one person scribbled a bad word on the wall in the entrance of a residential building, and another chose a monument for this in the city center. They both break the law. But in the second case, there is a demonstrative challenge to society, the desire to expose your act to everyone around. Regarding the second part of this article, the question has been brewing for a long time. The state decided to fight back those who do not respect the feelings of other people. For example, the inscription made on the temple, not only spoils its appearance, but also offends the dignity of believers. To determine the punishment should also take into account the size of the deed, as well as the funds that may be spent on its elimination.
On closer inspection
In order to make a correct verdict, the court must appropriately determine the corpus delicti.
Art. 214 of the Criminal Code, like everyone else, provides for the presence of the main features:
- The object of the crime in this case is the very public order that the vandals tried to break.
- The objective side is buildings, structures and property located in public transport and other crowded places.
- The subject in this situation is a specific individual who, by the time the act was committed, has already reached the age of fourteen.
- The crime committed has a subjective side, which is usually the case. It is characterized by intent. That is, the actions were thought out in advance. Moreover, the intent should be direct. Here we are not talking about an idea that accidentally came to mind.
- By design, the corpus delicti is formal.
Based on this, representatives of the parties in court will plan their actions.