The crimes committed against property are allotted to the whole chapter 21 in the Russian Criminal Code. It discusses in detail all possible options for unlawful actions of citizens in this direction. Particular attention should be paid to article 168 of the Criminal Code of the Russian Federation. She reveals the details of a rather interesting non-standard situation.
Serious consequences
Every citizen in our country has the right to own and independently dispose of their property. Any actions directed towards the property of others are punishable by law if they are unlawful and have no good reason. This is recorded in the 35th article of the Constitution of Russia. But some citizens sometimes violate the established order, while causing moral and material damage to the owner. Article 168 of the Criminal Code of the Russian Federation considers one of such cases when such actions can cause irreparable harm or completely destroy other people's property. The bottom line is that this happens unintentionally. The main reason in accordance with article 168 of the Criminal Code is the careless handling of fire.
Take, for example, a fire caused by an accidentally thrown match or cigarette falling on the carpet. If someone’s property was damaged as a result of this, the law provides for liability under Article 168 of the Criminal Code of the Russian Federation. Instead of fire in this case, other sources with increased danger may also appear. It can be gas or any explosives.
Amount of damage
Article 168 of the Criminal Code provides for the presence of a number of circumstances that must be present in this case. The decisive factor here is the size of the damage. This article does not consider minor situations where, as they say, everything turned out to be a little fright. The amount of damage should be so large that it was possible to talk about damage on a large scale.
By existing standards, it is considered to be the value of property in excess of 250 thousand rubles. For very large sizes, the lower limit will be slightly higher. Damage should be at least one million rubles. The upper bound in this case is no longer specified. Thus, it turns out that the careless action of one person led to grave consequences, as a result of which other people's property was seriously damaged. Article 168 of the Criminal Code of the Russian Federation considers such an act a crime in relation to property, which is a gross violation of the constitutional rights of any member of society.
Details of the offense
In order to improve legal literacy, as well as to avoid mistakes at the stage of qualification of illegal actions of citizens, there are some clarifications to article 168 of the Criminal Code of the Russian Federation. Commentary helps to understand all the details regarding the composition of this crime. So, in this case, the object of the crime will be relations to property, which the guilty neglected, committing his rash act. The main subject of the crime is specific property that was damaged as a result of a dangerous situation.
It's about handling fire. Consequently, the perpetrator violated the existing fire safety rules, thereby causing the consequences provided for in this article. From this it is clear that the objective side will be the actions (or inaction) that the person committed in violation of these rules. In addition, as a result of a fire, a person could die. If this happens, then the accused will also be charged Section 109, and the punishment will be calculated on an aggregate basis. The subject in this case is the offender himself. It was his frivolous actions that led to similar consequences. The subjective side of the crime will be characterized only by reckless guilt.
Fair punishment
According to the law, the destruction or damage of property by negligence is a crime for which the perpetrator must bear the appropriate punishment in the form of:
- a fine of 120 thousand to the total income for the year;
- correctional labor up to 2 years;
- compulsory work up to 480 hours;
- forced labor, as well as restrictions or complete deprivation of liberty for up to a year.
Based on the results of the investigation, the final decision is an example court. But it must be borne in mind that only a mentally healthy person who has reached 16 years of age can be the subject of such a crime. In other cases, the perpetrator will be able to avoid the deserved punishment. Among other things, it must be borne in mind that such unlawful acts may not be the result of a violation of established strict rules.
It was just that a citizen at some point neglected the usual precautions, which caused, without unwillingness, serious consequences for those around him in terms of property. In any case, he will have to bear responsibility for what he has done.
