Damage to property: concept, types, responsibility

Table of contents:

Damage to property: concept, types, responsibility
Damage to property: concept, types, responsibility
Anonim

We go to school, then we get higher education, then we work. Everyone does this mainly in order not to deny themselves anything, to be able to acquire this or that thing. However, what is in our possession is not always safe at the same time. Damage to property is one of the most common causes of litigation today. Read about the concept itself and its features below.

damage to property
damage to property

Property damage

First, let's define this legal concept. Damage to property is the partial or complete destruction (destruction, burning or dissolution) of an object (or objects) of someone else's property. There are many examples here. For example, flooding of neighbors. Persons living on the floor above may forget to turn off the faucet in the bathroom, and the water will ruin the ceiling, wallpaper, furniture, and so on. In this case, we can say that the neighbors did not do it on purpose, they did not have the goal of spoiling someone else's apartment.

intentional damage to property
intentional damage to property

Article 168 of the Criminal Code of the Russian Federation

However, any investigator who received a statement asking to look into this issue must definitely find out whether the damage to property was actually random. If this is indeed the case, then the perpetrator is punished in accordance with Article 168 of the Criminal Code. Let's take a closer look at its content. So, the article talks about damage or destruction of property through negligence. If the damage is really significant, then the amount of up to 120 thousand rubles is charged from the perpetrator. An alternative option is to be forced to do compulsory work for up to 480 hours or corrective labor for up to 2 years. In addition, in relation to the perpetrator, restriction or even complete imprisonment for up to 12 months can be applied. As you can see, even if you damage or destroy someone else's property without malicious intent, the punishment can be quite severe.

act of damage to property sample
act of damage to property sample

Article 167 of the Criminal Code of the Russian Federation

Article 167 of the Criminal Code considers a different situation. It talks about how to punish a person if there was intentional damage to property. The intent of the action must be proven. Sometimes it's difficult. However, almost always persons are responsible to the fullest extent of the law. And if the situation with the flooding of neighbors is ambiguous, then, for example, the arson of someone else's house or car must be considered based on Article 167. Depending on the degree of harm caused, the perpetrator is obliged to pay up to 40 thousand rubles. Or it can be forced to corrective labor for up to 12 months. In addition, the perpetrator can be imprisoned for two years. There is also a second point in this article. It refers to a situation in which a person or a group of persons cause damage to property out of hooligan motives by means of an explosion, arson, and other means that have caused or could have caused the death of people. If this motive is proven, imprisonment for up to five years is imposed.

In conclusion

If your personal belongings or property have been damaged or destroyed, it is important to draw up and submit an act of property damage to the prosecutor's office in time. A sample of this document is easy to find in electronic legal reference systems.

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