Sometimes a criminal offense is committed by citizens, which can be characterized as vandalism. Article of the Criminal Code under number 214 indicates possible penalties imposed for a committed act. But only when deciding how to adjust the behavior of a lawbreaker, many factors will be taken into account. They are also indicated in the corresponding article of Russian law. Therefore, paying attention to them is clearly worth it.
Definition
But before that you need to find out what kind of crime will be discussed. What is vandalism? Article 214 of the Criminal Code of the Russian Federation gives an exact definition of a committed act. And therefore, it will be possible to say with certainty whether this crime took place or not.
Vandalism is the purposeful corruption of cultural property. Or damage and desecration of structures / buildings, public transport or other objects that are located in public places. Do not confuse this with the usual damage to other people's property. So what punishment will be imposed for vandalism in one case or another? Can one count on mercy? Or will you have to serve your sentence anyway?
Money money money
The first scenario, described in Art. 214 of the Criminal Code is vandalism, which is not burdened by anything. That is, there were no special circumstances in the commission of the crime. It is worth noting right away that there is no way to avoid punishment. After all, a perfect act can be easily proved.
Vandalism (Article 214 of the Criminal Code of the Russian Federation) is punishable by various measures. The first one is a fine. Only he is not too big. An intruder-vandal will have to pay up to 40,000 rubles. As an alternative solution - the seizure of the income of the accused person for a period that does not exceed 3 months. It is precisely such measures that were put in place when an act of vandalism was committed.
In practice, it is very common. After all, it is usually the “ruble” punishment that motivates citizens to adhere to the framework of the law. Even a small pecuniary punishment can affect a person.
Everything to work
What else is supposed to be for vandalism? Article number 214 of the Criminal Code provides for other forms of suppression of repeated crime. Of course, so far we are talking about cases that are not burdened by anything. That is, there was ordinary vandalism.
In addition to monetary penalties, you have every right to assign community service of one nature or another as a punishment. For example, mandatory. They can last a maximum of 360 hours. This is about 15 days. In practice, this punishment lasts approximately a month.
But what else does Art. 214 of the Criminal Code? Vandalism is also punishable by correctional labor. Only now the duration of these (maximum) increases, compared with the mandatory. In this case, you can be sentenced to social work for a maximum of 12 months. Only now the court will establish a specific term after studying all the features of the committed act.
Think about behavior
What punishment can still be imposed for vandalism? If he is not burdened with anything, then, as an alternative decision, instead of labor or cash payments, the court is able to make a decision in favor of your arrest.
Fortunately, the duration thereof is not too long. Although for some it is really a lot. “Thinking about your behavior,” while under arrest, you will have up to 3 months. Although, if not too serious vandalism took place, you can only last 15 days. A frequent practice that can only occur in Russia.In any case, this is an unwritten rule. Legislation is not spelled out anywhere.
Politics and Ideology
And now a little about more serious violations of the law. Vandalism (the Criminal Code provides for certain penalties for a committed act) may be committed out of political disagreement, as well as ideological motives. In Russia, there is freedom of choice of one’s views. Therefore, you need to pay attention to the fact that a crime related to politics or ideology is always considered serious. This also includes cases of committing an act by a group of persons.
This means that the punishment for vandalism (Article 214 of the Criminal Code) is provided for much more serious than in all previous cases. Which one? It has several alternatives. The first is community service. They are forced and therefore called. The duration of these is not more than 1 year. But the exact punishment will be imposed by the court after studying all the circumstances of this situation.
Limitations
That's not all. Damage to property (Article 214 of the Criminal Code), or rather, vandalism, if it was committed by several people or had an ideological / political character, is punishable by restriction of freedom. This option of criminal liability is usually called a suspended sentence.
It will last a maximum of 3 years. Typically, vandalism impose the highest penalty. So, it is highly likely that conditional term it will be exactly 36 months. But this is far from the worst moment. Indeed, vandalism (Article 214 of the Criminal Code of Russia) can be suppressed much worse.
Lattice
For many, criminal responsibility is initially associated with such punishment as imprisonment. To some extent this is correct. After all, the worst crimes usually involve punishment in the form of imprisonment.
Is it possible to run into such an outcome of events with vandalism? Easy! If it was committed by several people or had an enemy character (as well as political or ideological), then there is a deprivation of liberty.
By its duration it is not too short - 36 months. But remember - this is the maximum. Maybe the court will decide on imprisonment (the colony of stay is selected, depending on the damage) for a shorter period. Although in practice such incidents almost never take place. As you can see, there are reasons for concern if you decide to damage the public domain, cultural objects, buildings, and other state property.
Comments
An important role is played by Art. 214 of the Criminal Code of the Russian Federation comment. It helps to see the corpus delicti, and also provides some specific information regarding the decision on the punishment of the criminal.
For example, it is indicated that vandalism is understood not only as damage to cultural property, as many people think, but also damage to public property / transport. Do not confuse this violation with the intentional infliction of harm to someone else's property (citizens of the Russian Federation).
What is meant by desecration? After all, it is also included in the definition of vandalism! This is the commission of any actions that lead to disfigurement of a public object. Just keep in mind: inscriptions that are not focused on the reaction of a huge number of people cannot be considered vandalism. In this case, if you damage public property, you will have to bear either material or administrative liability.
Composition and subject
The corpus delicti and the subject thereof also play an important role in criminal proceedings. So, damage to property (article "Vandalism") of a public nature is punishable by the above methods if the offender is 14 years old. Only in this case he will be punished by law.
In addition, vandalism is committed with direct intent. That is, the citizen is fully aware of what he is doing. And the motives for this behavior, as a rule, are similar to hooliganism.Vandalism (Article 214 in the Criminal Code of the Russian Federation) is a terrible crime. And if you committed it, you can be sure that you will be punished.
