Damage and destruction of another's property is a violation of the law. And in Russia criminal responsibility is laid for such acts, although not always terrible. What if this violation was committed through the negligence of a citizen? Will he really have to be punished? In Russia, yes. Possible measures to prevent reoffending are indicated in article 168 of the Criminal Code. What should I look for? What punishment will the defendant face in this or that case?
Penalties
So, the first measure imposed in most criminal penalties is cash payments. More specifically, a fine. He is assigned to the defendant for the destruction or damage to property (alien) in practice quite often.
The fine reaches a maximum of 120 thousand rubles. Or it is possible to recover the income of the defendant for a period not exceeding 12 months. It is such a punishment in judicial practice that is most often imposed. Article 168 points to it in the Criminal Code.
Work and labor
The criminal liability for damage to another's property, as well as for the destruction thereof, does not end there. Penalties are not always imposed in the commission of this crime. In some cases, the court is able to sentence a citizen to social work of various durations and types.
Mandatory, corrective and forced labor are possible. They all differ in their duration. Typically, the duration of a sentence is established by assessing a specific situation. But the duration of work cannot exceed, respectively: 480 hours, 2 years, 12 months.
It turns out that article 168 of the Criminal Code indicates that not only monetary payments are relied upon for the destruction and / or damage to property. True, in real life, it is fines that are in great demand.
Conditional term
For most citizens, criminal liability is associated with varying degrees of freedom . In some ways, this is really the correct interpretation of the punishments for any violations.
Article 168 of the Russian Federation (CC), in addition to the above measures, for the destruction or damage to property of another citizen due to negligence provides for the restriction of freedom.
This is a so-called suspended sentence. Conditional criminal record may last up to 12 months. And nothing more. True, sometimes this period can increase. For example, when there was a violation involving "destruction". In this case, the court is able to extend the restriction of freedom. But in practice, such phenomena are not too common.
Imprisonment
Also, article 168 of the Criminal Code of the Russian Federation provides for the complete deprivation of liberty for damage to another's property in especially large amounts. The same applies to the destruction thereof by negligence. That is, sometimes for these acts, despite the absence of the gravity of the crime, a sentence is served in prison.
True, the duration is not too long. They can’t “plant” a citizen for our violation today for more than a year. In any case, as it says 168 article in the Criminal Code of the Russian Federation.
In principle, many are afraid of this measure. Although it is not so common in case of damage by negligence. After all, there is no malicious intent. It is the basis for toughening any crime. It's one thing when you accidentally transgressed the law. And quite another - a violation committed consciously.
Objective side
This ends the possible measures imposed for the destruction or damage of another's property by negligence. But then the features begin that the court must take into account, and citizens - to know.
For example, it is important to understand what is “on the objective side” of the crime. The object of violation is public relations, which may be classified as property. But that is not all. The objective side is the direct destruction or damage to someone else's property if these outcomes came about through the negligence of "contacting" with fire or sources of increased danger.
Article 168 of the Criminal Code implies that the subject of the violation is someone else's property. Moreover, both movable and immovable. Criminal liability will come only with the complete destruction thereof. Or, when the damage caused can be called particularly large - from 250,000 rubles or more.
Carelessness
The comments on the article indicate the features of the crime. For example, what is meant by careless handling of fire. In general, fire is a source of increased danger. But negligence with him is a failure to comply with the fire safety rules established by law.
Also, article 168 of the Criminal Code of the Russian Federation indicates that carelessness can be understood as some other concepts. For example, the operation of equipment with defects. Or improper handling of flammable objects near open flames.
Subjective side
Who could be a criminal? Article 168, or rather a commentary on it, indicates that the subject of a crime is a citizen who has reached the age of 16 years. Juveniles of a younger age are not punished under this article.
The intent of the offense has a place to be. It is indicated that damage to another's property, as well as its destruction, is capable of concealing certain motives. The intent may be direct or indirect. Even concretized.
The goals and motives of the crime are also often highlighted. But they do not play the most important role. They are necessary in order to separate the violation from related crimes (for example, hooliganism).
Totality
What should be done if, due to the destruction or damage to someone else's property on an especially large scale, through negligence, a person dies? In this case, it is customary to consider two crimes simultaneously.
Which ones? Firstly, article 109 of the Criminal Code is applicable. Secondly, article 168. The aggregate will be punished. That is, simultaneously under two articles. Not the most common case, but in practice it still occurs.
Usually, in this situation, imprisonment is assigned for a particular period. These are all the features that you need to know about the crime called "Destruction or damage to other people's property through negligence." Pay attention to the fact that you have to prove direct negligence. Otherwise, this crime will be punished on other principles.
Try to comply with fire safety rules, and also with caution in contact with sources of increased danger. Then and only then will it be possible to prevent the destruction or damage to property of strangers.