Ignoring the fact that, according to statistics, according to Art. 167 of the Criminal Code of the Russian Federation, not many crimes are usually committed, this topic remains open. This type of crime causes very significant damage to the injured party, and therefore, the correct and competent application of the law is required.
The relevance of the problem of applying Art. 167 of the Criminal Code
Any interpretation of the law requires a lot of experience and confidence in the interpreted lines. In general, damage to property, like many other concepts in jurisprudence, is estimated. Each person, not necessarily a lawyer, will assess the degree of damage to property in their own way, applying the corresponding rule of law in a completely different way.
The strength of the letter of the law is determined by its fairness and accuracy, therefore, individual paragraphs of the article require more detailed analysis and clarification.
General Provisions
As a rule, the title of the article already speaks of some features of the crime that you should pay attention to first of all.
Art. 167 of the Criminal Code has the name: "Deliberate destruction or damage to property." First of all, this suggests that this type of crime implies only direct intent. There is another type of crime - through negligence.
Data differentiation types of crimes already allows you to separate those crimes that cannot be qualified under Art. 167 of the Criminal Code.
The concept of damage and destruction of property
Damage to property is also a debatable concept and requires more detailed clarification. This concept is again evaluative, therefore, concretization of direct spoilage is as important as well-balanced application of sanctions against a person who may be suspected of committing this crime.
The question arises as to whether the actions committed by a particular person are suitable for this article. Deliberate action similar in description to Art. 167 of the Criminal Code, but differing in meaning, can serve a categorically incorrect sentencing of the defendant.
The destruction of property means the complete loss by its owner of the useful properties of a certain subject. Based on this interpretation, damage is understood to mean a partial loss of the very benefits that their owner could have received if the thing had not been damaged. As for quantitative measurements, the reduction of certain goods in quantity is also a possible consequence of this crime.
Article Qualifications
This article has two separate qualifications that clarify and also separate one another.
The first part of Article 167 of the Criminal Code implies liability for the deliberate destruction or damage of another's property, if these actions entailed significant damage.
Part two - damage to property, provided for in part one, made of hooligan motives, for example, by explosion or arson, in another generally dangerous way, which could result in negligence of a person’s death, as well as other serious consequences.
Subject of crime
The subject of a crime is the subject of the material world, in relation to which or in connection with which a certain criminal offense is committed.
The subject of Article 167 of the Criminal Code is any tangible item or any other property that was destroyed or damaged in connection with criminal acts, which entailed significant damage to the injured party.
Corpus delicti
Under the corpus delicti is meant a combination of features that characterize a certain type of criminal offense in a particular case. There are only 4 of these elements, each has its own peculiarity and difference.
The most important characteristic of a crime is that all four signs are necessary at the same time, so that it is generally possible to talk about attracting a person and responsibility arises for damage to property.
If at least one element corpus delicti absent - in this case they talk about the lack of composition, as well as the commission of a crime in general. That is, we can say that the actions committed by a certain person, although by signs, coincide with a specific type of crime, but it is not such. Therefore, there can be no talk of criminal liability.
The object of a crime is that sphere of public relations that is “violated”. In this case, it’s property relations between people.
The objective side is the specific characteristics inherent in the violation of the object of the crime. Under article 167 of the Criminal Code, property damage is the deliberate destruction or damage of someone else's property.
Subject - the presence of the specifics of a person who can commit a certain crime. The subject is general (has no specifics) and special (for example, an indication of the position of the person). The subject of this crime is a person who has reached the age of 16 (part 1 of article 167 of the Criminal Code of the Russian Federation).
The subjective side - special characteristics inherent in the subject of the crime. This is direct and indirect intent. This suggests that not only the person who committed direct actions will be responsible, but also the person who, although indirectly, is involved in this action. The motive in this case may be anger, jealousy, resentment and much more, but it does not matter with qualifications.
This article also includes an additional object, which is provided for in part 2 of article 167, which refers to the possibility of harming human life and health.
Part 2 also implies a different subject, or rather specifies a feature. Responsibility for this part lies with persons who have reached the age of 14.
Another feature of this type of crime is the presence of such a document as an act of damage to property, which is a very significant document in the investigation as a whole. A properly drawn up act and an estimated damage to property by law enforcement officials can play a significant role in the guilt or innocence of the defendant.
Features of Part 2 of Art. 167 of the Criminal Code
The specific part implies liability for acts that led to generally dangerous consequences. This requires more justification of the concept of general danger.
What is meant by generally dangerous consequences? This can be a collapse, flooding, as well as the use of destructive elemental forces. The most important difference is that such a threat is ultimately aimed at a large number of people.
As for the possibility of causing death to a person, damage to another's property, as a concept, allows us to indicate that this paragraph implies only an act committed through negligence. Otherwise, if there is intent, such types of crimes are qualified exclusively as intentional murder.
Other serious consequences that can be caused to people include harm to human health, suspended work of a production or enterprise, failure to fulfill contractual obligations, destruction of especially valuable property, as well as the onset of any disaster, in connection with which people can be left without housing, food and livelihoods.
A responsibility
Sanctions applied to the convict in different parts of Art. 167 of the Criminal Code, property damage is assessed depending on the severity of the consequences.
Part one provides for such types of sanctions: fine, correctional or compulsory labor; arrest and imprisonment are also possible.
Part two, due to the greater gravity of the crime committed, involves only imprisonment.
