Criminal liability of minors for hooliganism and vandalism.

Criminal liability of minors for hooliganism and vandalism.

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municipal government educational institution "Naryshkinsky secondary school" (Tyoplo-Ogarevsky district of the Tula region) criminal liability of minors for hooliganism and vandalism of life safety, grade 10 Completed by: Tatyana Maizner. Teacher: Yu.D. Trump.

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Hooliganism, Article 213 of the Criminal Code of the Russian Federation Hooliganism is a gross violation of public order, expressing clear disrespect for society, committed with the use of weapons or objects used as weapons.

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Types of hooliganism The article for hooliganism in the Criminal Code of the Russian Federation establishes not only the sanctions applied to violators, but also distinguishes between the types of this crime. There are three of them in total: domestic hooliganism, it is committed with weapons or objects used instead of them; extremist, it lacks the characteristics characteristic of the first type, but there is a significant motive (ideological, national, racial, religious hatred or enmity); mixed, it is the most dangerous.

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Article for hooliganism: punishment Even despite the increasing legal literacy of the population, many teenagers do not know that some of their actions may well fall under the sanctions of the criminal law. It would seem that the not entirely serious word “hooliganism” is punishable by quite severe fines and even imprisonment. In the case of a simple crime, even for serious religious or national reasons, the sanction framework is the same. They provide for: a fine in the amount of 300 to 500 thousand rubles or in an amount similar to wages or other income for a period of two to three years; or up to 480 hours of compulsory work; or correctional labor for up to two years, but not less than one year; or imprisonment or forced labor for up to five years. With qualified personnel, the punishment naturally increases. Fine up to a maximum amount of 1 million rubles, and imprisonment (or forced labor) - up to 7 years.

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Vandalism, Article 214 of the Criminal Code of the Russian Federation Vandalism, that is, desecration of buildings or other structures, damage to property on public transport or in other public places.

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Punishment for vandalism is a fine of up to 40 thousand rubles; a fine in the amount of wages or other income of the guilty person for a period of up to 3 months; arrest for up to 3 months; compulsory work for a period of 120 to 180 hours; correctional labor for a period of 6 months to 1 year. If vandalism is committed by a group of people or has political, racial, ideological, national or religious motives, and the act implies hatred or hostility towards any social group, such a crime is punishable by: restriction of freedom for up to 3 years; imprisonment for up to 3 years.

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Vandalism is a minor crime, criminal liability for which begins at the age of 14.

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Article 244 of the Criminal Code of the Russian Federation Desecration of the bodies of the dead or destruction, damage or desecration of burial places, burial structures or cemetery buildings intended for ceremonies in connection with the burial of the dead or their commemoration is punishable ...

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Punishments under Article 244 of the Criminal Code of the Russian Federation: fine - 40 thousand rubles or the amount of wages or other income of the convicted person for a period of up to 3 months; or compulsory work for a period of 120 to 180 hours; or correctional labor for up to 1 year or arrest for up to 3 months

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Sources: — Fundamentals of life safety. 10 grades : textbook O-75 for general education. institutions / V.N. Latchuk, V.V. Markov, S.K. Mironov, S. N. Vangorodsky. -11th ed., stereotype. – M.: Bustard, 2010. – 318, [2] p. : ill. — http://psihomed.com/vandalizm/ — http://www.legalneed.ru/info/criminallaw/vandalizm/ — http://ppt.ru/kodeks.phtml?kodeks=20&paper=214 — http :/ /www.mosgortrans.ru/press/news/otdelnaja-novost/full/vandalov-na-transporte-opredeljat-videocamery/

The essence of the crime

In the Criminal Law of Russia, vandalism was absent as a crime until 1997, when liability for damage to property in public places was introduced by amendments to the code. According to statistics, more than 4,000 cases of crimes under Art. 214 of the Criminal Code of the Russian Federation. It should be noted that these figures do not take into account unsolved and unreported incidents, of which there are approximately the same number. Some experts are of the opinion that the rather high percentage of latent crime in this area is associated with the difficulty of determining the signs of a crime that is so similar to other acts.

Vandalism can be expressed in the following actions (alternatively):

1. desecration of structures or buildings.
2. damage to property in public places.

Let's look at these two methods of committing a crime in more detail.

How to write a statement about vandalism and where to submit it

An act of vandalism is reported not only in person or by telephone, but also by means of a statement. The law does not impose strict requirements on the form and content of this document. It is drawn up taking into account the general rules of official document flow. The form must have a “header” where the following is entered:

• name of the authorized body;
• Full name of the applicant and his address;
• passport details;
• Date of Birth;
• Contact details.

The descriptive part reflects the essence of the matter - the time and place of discovery of traces of vandalism and their nature. It is advisable to indicate what relation the author has to the damaged item (owner, eyewitness, etc.). At the end, the date of compilation and signature must be placed. You can also attach photographs from the scene of the incident.

The application is submitted to the police department located in the same area where the crime was committed. The period for its consideration, depending on the specific circumstances, can range from 3 to 30 days.

An appeal received without observing the rules of investigative jurisdiction is transferred for consideration to the authorized body for making a further procedural decision.

If during the preliminary inspection signs of vandalism are revealed, a decision is made to initiate a criminal case. It is then investigated and the case goes to trial. If there is no corpus delicti, no criminal case will be initiated.

Police investigators conduct inquiries into reports of vandalism and investigate cases of vandalism. This is relevant both for Art. 214, and for Art. 244 of the Criminal Code of the Russian Federation.

Damage to property in a public place

The legislator specifically clarifies that vandalism can manifest itself in damage not only to real estate, but also to public transport. Thus, a striking example of vandalism can be the damage to seats in the subway, trolleybuses, deliberate damage to handrails, racks on trams, buses, damage to windows on trains, etc.

In practice, modes of transport are differentiated in order to clearly define the attribute “public”. It is generally accepted that this is passenger transport accessible to the general public. This category does not include school buses, transport for employees in a particular organization, limousines for weddings, etc.

Example No. 3 . Rogov K.A. worked in a company producing and installing suspended ceilings. The head of the organization allocated a company minibus for permanent use by K.A. Rogov. and his partner, in order to conveniently move equipment from client to client. Having quarreled with his partner, Rogov K.A. Out of anger, he broke one of the bus seats; it could not be restored. The initiation of a criminal case on the fact of vandalism was refused, since official transport cannot be recognized as public, but later Rogov was held responsible for damage to property.

Property may be partially damaged or completely destroyed - to qualify a crime under Art. 214 of the Criminal Code of the Russian Federation, this does not matter; the act is considered completed from the moment of causing at least some harm. The method the attackers used is also not important. So, destructive actions can be like this:

• breaking (for example, windows in a trolleybus or train);
• deformation (dent on the metal surface of the bus);
• cutting (cuts from theater seats with a sharp object);
• arson (lighting garbage in public trash cans);
• demolition (tipping over telephone booths, outdoor dry closets).

The amount of damage from such actions may vary; all this is taken into account in the claims that the administration may bring against the perpetrator, but does not in any way affect the qualifications. In other words, if Petrov cut 25 seats in the interior of a regular bus and thereby caused damage to the municipality in the amount of more than 100,000 rubles, or if Ivanov cut one such seat, both will have the same corpus delicti - vandalism.

However, in some cases, damage to property is considered a minor act and does not entail criminal liability. Most often, this can be due to minor damage to a low-value item.

Example No. 4 . Noskov A.V. deliberately damaged a metro card on one of the subway trains, practically tearing it out of the inner lining of the car. The act was considered insignificant, since the very next day it was planned to remove this train from the flight due to its disrepair, and restoration work was planned. According to the restoration plan, it was necessary to completely renovate each car both from the inside and outside, with the installation of new metro cards to replace the outdated ones. Under such circumstances, the initiation of a criminal case was refused, since Noskov’s actions, although contrary to public interests, did not inherently cause any harm due to the dilapidation of passenger transport.

Both desecration and damage to property in public places are always committed with intent. A citizen who accidentally caused damage cannot be found guilty of vandalism.

Example No. 5 . Ignatov I.R. was at an appointment with a dentist. During treatment, Ignatov unknowingly, due to unbearable pain, damaged the microscope, accidentally touching it with his hand. The microscope was broken and could not be restored, that is, it was actually destroyed. The administration of the clinic recovered through the court from Ignatov the amount of damage caused, but a criminal case under any article, including Art. 214 of the Criminal Code of the Russian Federation, was not prosecuted - negligence excludes criminal liability.

Often, types of vandalism such as desecration of buildings and damage to property in public places occur simultaneously. In such situations, the actions of the perpetrator are qualified as one crime under Art. 214 of the Criminal Code of the Russian Federation, and the volume of criminal actions already affects the severity of the punishment.

Desecration of buildings

In the criminal legal sense, a structure should be understood as any building designed to support people’s livelihoods: transport stops, underground passages, historical monuments, bridges, fences. Even advertising stands are considered a structure, which, if damaged, may result in criminal liability for vandalism.

A building is any structure that is intended for the presence of people in it in connection with work (offices, manufacturing plants, companies), with leisure (cinemas, libraries, museums), with the provision of medical services (clinics, hospitals, ambulance stations, etc.) .d.), with religion (church, chapel, places of worship).

What is desecration? Experts in criminal law argue that to desecrate means to disfigure, to give an indecent appearance, and such actions can concern both the entire structure (building) and any part of it.

Example No. 1 . Prigozhin P.A. carved an obscenity addressed to his ex-girlfriend who lives opposite with a drill on the façade of a newly renovated clinic building. A criminal case was opened against Prigozhin for vandalism. At the court hearing, the lawyer tried to prove that the half-meter inscription of four letters on the facade of the building, which is over 80 meters long, is not desecration. According to the defense, Prigozhin’s act is insignificant and does not constitute desecration. The court did not agree with this position and condemned Prigozhin, drawing attention in the verdict to the fact that the ratio of the size of the building itself and the area where there is damage is not decisive for confirming the elements of a crime.

Turning to practice, it would be fair to note that in reality there are still cases where the actions of vandals are recognized as insignificant, that is, insufficient to initiate a criminal case. Thus, an inscription measuring a few centimeters almost never entails the initiation of a case under Art. 214 of the Criminal Code of the Russian Federation, if it is made on the outside of the building. But under certain circumstances, even such small inscriptions made indoors may be considered sufficient to bring criminal charges (for example, if such a thing was committed in a temple, a library of world significance, etc.).

Usually, desecration does not entail consequences in the form of expensive repairs, eliminating the danger of building collapse, etc. Here the motive of the criminal is not so much to cause major damage, but rather to contrast his behavior with the principles of morality and public morality. It does not matter whether such actions resulted in material damage - from the moment the inscription is applied, the crime is already considered completed.

Most often, inscriptions on walls, gates, and fences are considered desecration. These can be not only obscene words, obscene language, but also images, symbols indicating membership in a certain social group (for example, a swastika), or without meaning. Images are most often made using spray paint, sometimes using regular emulsion, less often by excision (as in the previous example). In some cases, vandals, on the contrary, do not apply an inscription, but cover up the existing one.

Example No. 2 . At the entrance to the building of the local history museum there was a marble slab on which information was engraved about the opening date of the museum, its honorary director, and opening hours. This slab was hopelessly damaged - scarlet paint was splashed onto it, covering all the words. Subsequently, a criminal case was initiated under Art. 214 of the Criminal Code of the Russian Federation, the student who confessed to the crime was found guilty.

For qualification, it does not matter how the building was desecrated, but the main sign must be confirmed - the object is located in a public place, within sight of other people. To determine the aesthetic damage to an object, an examination may be required, which is usually carried out during the investigation. Most often, this is a comprehensive study with the participation of several specialists, in which psychologists, linguists, specialists in aesthetics, religion, history, etc. can be involved.

Motives for vandalism

The legislator does not define a clear list of motives for the act in question, since each criminal has his own. The most common hooligan motives are when vandals challenge society, show disdain for its foundations and rules, and oppose themselves to them.

That is, the purpose of committing vandalism, one might say, is not specifically damage to property, not specific property and not its specific owner, but a challenge to society as a whole.

Below is a list of additional circumstances that encourage citizens to engage in negative behavior. So it could be:

• Ideological, social, political motives - damage to monuments of the Great Patriotic War, desecration of churches of other faiths, etc. In this case, the offender tries to give his act as much publicity as possible.
• Revenge. In this case, damage to things acts as a delayed response to any action that the injured party previously performed in relation to the destroyer.
• Game and boredom. Such motives are most characteristic of children and adolescents who are unoccupied and without parental supervision.