Damage and destruction of another's property -this is a violation of the law. And in Russia for this kind of act is put criminal responsibility, though not always terrible. What if this violation was committed through the negligence of a citizen? Is it really going to have to be punished? In Russia, yes. 168 measures in the Penal Code indicate the possible measures of restraint of a repeated crime. What should I look for? What punishment will the defendant await in this or that case?
So, the first measure, laid at mostcriminal penalties are monetary payments. More precisely, fine. He is appointed to the defendant for the destruction or damage to property (a stranger) in practice quite often.
The size of the fine reaches a maximum of 120 thousandrubles. Either the recovery of the defendant's income for a period not exceeding 12 months is possible. It is this punishment in judicial practice that is carried out most often. 168 articles are specified in the Criminal Code.
On this criminal responsibility for damageother people's property, as well as for the destruction of this does not end. Fines are not always imposed when the offense is committed. In some cases, the court is able to sentence a citizen to social work of different duration and types.
Mandatory, corrective andforced labor. They all differ in duration. Usually, the duration of the punishment is established by means of an assessment of a specific situation. But the duration of work can not exceed, respectively: 480 hours, 2 years, 12 months.
It turns out that Article 168 of the Criminal Codeindicates that for the destruction and / or damage to property not only cash payments are relied upon. True, in real life it is the fines that are in great demand.
Most citizens have criminal responsibilityis associated with restricting freedom to some extent. In some ways this is really a correct interpretation of the penalties imposed for any violations.
Article 168 of the RF (CC), in addition to the above measures, for the destruction or damage to the property of another citizen due to negligence provides for the restriction of freedom.
This is the so-called conditional term.Conditional conviction can last up to 12 months. And nothing more. True, sometimes this period is able to increase. For example, when there was a violation associated with the "destruction". In this case, the court is able to extend the restriction of freedom. But in practice, such phenomena are not very common.
Also, article 168 of the Criminal Code provides for a fullThe deprivation of freedom for damage to another's property in especially large sizes. The same goes for the destruction of this by negligence. That is sometimes for these acts, despite the lack of seriousness of the crime, it is necessary to serve a sentence in places of deprivation of liberty.
True, the duration is not too long. "Plant" a citizen for our violation today can not more than a year. In any case, so says 168 articles in the Criminal Code of the Russian Federation.
In principle, many are afraid of this measure.Although it is not so common in the case of damage through negligence. There is no evil intent. It is the basis for the toughening of any crime. It's one thing when you accidentally violated the law. And quite another - a violation committed consciously.
This concludes the possible measures, appointed for the destruction or damage to someone else's property through negligence. But the features that the court must take into account begin, and the citizens know.
For example, it is important to understand what is "withthe objective side of the crime. "The object of the violation are public relations, which can be classified as" property. "The objective side is the immediate destruction or damage to someone else's property if these outcomes were caused by carelessness of" contacting "with fire or sources increased danger.
Article 168 of the Criminal Code implies that the subjectviolation is someone else's property. And both movable and immovable. Criminal responsibility will come only with the complete destruction of this. Or, when the damage caused can be called particularly large - from 250 000 rubles or more.
In the comments to the article the features are indicatedcrime. For example, what is meant by careless handling of fire. In general, fire is a source of increased danger. But carelessness 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 specifies,that under negligence you can understand some other concepts. For example, the operation of equipment with defects. Or the improper handling of easily flammable objects near an open fire.
Who can be a criminal?Article 168, or rather a comment to it, indicates that the subject of the crime is a citizen who has reached the age of 16. Juveniles of a younger age are not punished under this article.
The intention of the offense takes place to be.It is pointed out that damage to another's property, as well as its destruction, can conceal certain motives. Intent may be direct or indirect. Even specific.
The goals and motives of the committed crime are also often highlighted. But they do not play the most important role. It is necessary to separate the violation from related crimes (for example, hooliganism).
What if, due to destruction ordamage to someone else's property in especially large amounts through negligence the death of a person? In this case, it is common to consider two crimes simultaneously.
Which ones?Firstly, Article 109 of the Criminal Code takes place. Secondly, Article 168. The punishment will be imposed on the defendant in the aggregate. That is simultaneously on two articles. Not the most common case, but in practice it still occurs.
Usually, in this situation, deprivation is assignedfreedom for a particular period. These are all the features that you need to know about a crime called "Destruction or damage to someone else's property through negligence." Pay attention to the fact that you have to prove direct carelessness. Otherwise, this crime will be punished by other principles.
Try to follow the rules of the firesafety, and also with caution to contact with sources of increased danger. Then and only then will it be possible to prevent the destruction or damage to the property of strangers.
