Punishment for setting a car on fire in Russia, fine, article of the Criminal Code and possible sentence in 2021

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The legislative framework of the Russian Federation classifies arson of a vehicle as an illegal act. And the violator bears criminal liability for damaging someone else’s property. Let's try to understand this issue and find out what punishment awaits an attacker for setting a car on fire. And also what to do if it is discovered that a car has been set on fire.

Article in the Criminal Code of the Russian Federation

The punishment that awaits an attacker for setting fire to someone else's vehicle is clearly regulated in Article 167 of the Criminal Code of the Russian Federation. The preventive measure directly depends on the degree of damage caused, as well as the consequences that resulted from the illegal actions.

Attention

In some cases, arson of a car can be classified not as damage to someone else's property, but as fraud. This happens if a CASCO policy was issued for the vehicle and the owner, independently or in collusion with another person, set fire to the car. In this case, the illegal act will be considered by the judge as fraud.

Also, when assessing the illegal actions of attackers, the judge can impose punishment under Article 213 of the Criminal Code of the Russian Federation, which charges the perpetrator with violating public order and setting a car on fire for this purpose. For example, during street riots.

In a number of cases, it is possible to convict the perpetrator, in addition to Article 167 of the Criminal Code of the Russian Federation, also under Article 158 of the Criminal Code of the Russian Federation. This article provides not only for the arson of someone else's property, but also for its preliminary theft. That is, if your car was stolen and burned, the culprit will be punished under Articles 158 and 167 of the Criminal Code of the Russian Federation (theft and arson).

Basic information

Arson is the intentional destruction of property that does not belong to the perpetrator. Arson of a car poses a danger to society. But if the owner of the car himself caused damage to his property, then such an action is not criminally punishable.

Often, car arson occurs due to envy or revenge, squabbles between neighbors or businessmen, struggle for social injustice, exacerbation of mental disorder in sick people, concealment of traces of a crime. At the same time, such crimes are often committed on the principle of “just because”, and teenagers and people under the influence of alcohol become guilty.

Thus, in 2011, cases of arson of expensive cars became more frequent in Moscow. Anarchists posted information on the Internet that they are involved in such arson, but they do not cause damage to cars up to 1 million rubles. No information about the arrest of members of this group has ever appeared.

And in 2014, in the capital, a certain 25-year-old waiter set fire to 10 cars on neighboring streets one night. When he was caught and interrogated, he could not answer anything intelligible - he only said that he was intoxicated.

Punishment and responsibility

Punishment and liability for setting a car on fire directly depends on how the unlawful actions of the attacker are classified. The classic arson scheme includes:

• assignment of forced labor for up to 2 years;
• imprisonment for up to 2 years;
• arrest for up to 3 months;
• sending the culprit to compulsory work for up to 360 hours.

If, as a result of illegal actions (arson of a car), the death of a person or other serious consequences follows, then the court may impose punishment in the form of:

• Correctional labor for up to 5 years;
• Imprisonment for up to 5 years.

The wording “significant damage” deserves special attention. If the judge admits that significant damage has been caused to the car, then punishment will inevitably follow. But Article 167 does not regulate the amount of damage caused. The judge makes a decision regarding "significant damages" based on the circumstances of the case, the financial situation of the victim, and the injuries sustained.

If we are talking about theft or hooliganism, then the judge makes a decision based on all related factors and circumstances. The decision is made on a case-by-case basis and the court takes into account both aggravating and mitigating circumstances.

It should also be understood that damage can be caused as a result of unintentional actions. For example, the culprit handled the fire carelessly (burned the grass) and this resulted in damage to the injured party. During the trial, a verdict is passed on causing unintentional damage in the form of arson of a car (Article 168 of the Criminal Code of the Russian Federation). In this case, the culprit faces a fine of 120,000 rubles or an annual salary.

IMPORTANT

Responsibility under Article 167 of the Criminal Code of the Russian Federation occurs for persons over 16 years of age. If aggravating circumstances are revealed during the investigation, a 14-year-old teenager may also be held accountable by the court.

Practice Reviews

> P. V. Nikonov Associate Professor of the Department of Criminal Law Disciplines of the Irkutsk Law Institute (branch) of the Academy of the Prosecutor General's Office of the Russian Federation, Associate Professor of the Department of Criminal Law of the Law Institute of ISU, Ph.D.
167 of the Criminal Code of the Russian Federation) and destruction or damage to property due to negligence (Art.

https://www.youtube.com/watch{q}v=-hUq-YmUSA8

168 of the Criminal Code of the Russian Federation). Causing property damage as a result of the commission of these crimes is not associated with the illegal enrichment of the perpetrator at the expense of property belonging to

How to prove arson of a car?

A special investigation can be used to prove that a car was set on fire. After the victim submits a statement to the police, officers initiate a criminal case. During the investigation, the reason for the illegal action must be established, the culprit must be found, and the guilt of the attacker must be proven.

The investigator is obliged to provide the court with material evidence on the basis of which a conclusion is made about the intentional or unintentional arson of a vehicle. Of no small importance is the expert opinion, which is necessarily carried out at the initiative of the investigator or other authorized person.

Step-by-step instructions for action after a car is set on fire

After discovering that a car has been set on fire, the owner must follow a certain algorithm of actions:

• Call the Ministry of Emergency Situations brigade to the scene. For a mobile phone, 112 (a single number intended for calling emergency services) or 101, and for a landline phone - 01.
• Try to limit access to the burning car by unauthorized persons.
• Check with the Ministry of Emergency Situations employee in which department you can obtain a document confirming the fact of a vehicle fire.
• Call the nearest police station to the scene of the car arson.
• Notify the insurance company representative about the incident.
• Obtain a fire report and submit it to the insurance company.
• File a report at the nearest police station.
• Obtain a certificate from a police officer about the incident (for a representative of the insurance company). The certificate must clearly indicate the time and place of the arson.
• Do not refuse to initiate criminal proceedings. Even if the vehicle suffered minor damage and the cost of repair work will be only a few thousand rubles.
• If the district police officer accepted the application and initiated a criminal case, then you should receive a copy of this paper.
• In case of refusal to initiate a criminal case, the police officer is also obliged to issue a copy of this document. The victim has the right to familiarize himself with the results and materials of the inspection.
• Having in hand an official refusal to initiate a criminal case, you need to write a statement to the prosecutor's office in order to appeal the police decision. After 30 days, the prosecutor's office must officially notify the victim of the actions taken.

Please
take the help of a qualified lawyer. He will not only suggest the optimal solution in the event of a car being set on fire, but will also help to correctly draw up an application to the prosecutor’s office or ensure that the received certificates contain all the information necessary for the insurance company and the court.

What should the victim do?

The victim has the right to file a civil claim demanding compensation for damage caused to his property. You can also demand compensation and moral damages from the court.

In order to qualify for compensation, it is necessary to objectively assess the damage. This requires an examination.

Upon the fact of a fire, the authorized bodies check all the circumstances, after which, if necessary, initiate a criminal case if the arson was planned. The examination begins at the investigation stage. Experts establish the source of the fire, its dynamics, and the amount of damage.

There is no fee for the primary examination, but for the secondary examination the initiator will need to pay about 25 thousand rubles . The secondary examination is carried out within 1-2 days. When assessing material damage, experts take into account the cost of the car.

After the examination, you should contact a competent lawyer who will advise you on further actions, help you draw up a claim and prepare evidentiary documents.

When and how is a car arson examination carried out?

After the victim contacts the police, an examination should be scheduled. The expert’s task includes answering questions such as:

• As a result of intentional actions or an accident, the car caught fire.
• Which part of the vehicle became the source of fire.
• The reasons that caused the occurrence and spread of fire.
• Paths of flame propagation.
• The amount of damage caused by the fire.

Attention:
If an examination of a car arson is carried out on the initiative of an investigator or other authorized person, it is performed free of charge. But if the owner doubts the authenticity of the conclusion or the professionalism of the expert, then he can independently order an independent examination. In this case, the cost of its implementation is paid by the customer in accordance with the price list of the organization accredited to provide this service. It can vary from 10,000 to 45,000 rubles.

If they set it on fire in the parking lot

The parking lot is responsible if the owner of the vehicle has an officially executed contract with it for the provision of services. It is possible to collect money from it only if there are written security obligations and proven failure to fulfill the duties of the parking lot.

The procedure is similar to the situation we described, but with its own characteristics: the owner of the car files a civil claim separately from the criminal case, and these claims will be addressed to the parking lot due to inadequate security, which caused him damage, and not to the arsonist.

In turn, the owner of the site has the right to file his claim within the framework of criminal proceedings or separately after it against the suspect of arson. Thus, he will be able to reimburse his payments that were made according to the requirements of the car owner.

An important point for a successful process against a parking lot is that the documents drawn up with it for the provision of property storage services must clearly indicate that the organization is responsible for damage caused to the client’s personal transport. This will make things easier.

How to insure a car against arson?

The desire to protect your car from arson is completely justified. But how to do this as competently as possible, so that in case of damage you receive the due payment?

It will not be possible to receive payments under compulsory motor liability insurance if the car is set on fire. Therefore, it is necessary to choose a CASCO policy that can cover possible losses.

So, what to pay attention to when applying for a CASCO policy:

• Formulation. If the contract contains the word “fire”, and the acts of the attackers were classified as “arson”, then receiving payments will not be easy, and sometimes even impossible;
• Indicate in the contract the reasons for a possible fire. Ideally, it is necessary to indicate arson, fire as a result of an accident, spontaneous combustion, etc. the chances of subsequent receipt of payments increase if the maximum number of causes of damage is indicated.

For your information,
the help of a professional lawyer when drawing up a CASCO agreement will not be superfluous. You should not count on an insurance company employee to offer you the optimal package of services.

Once a CASCO policy has been issued, you should not calm down. The owner should carefully monitor the condition of his own car. After all, if the vehicle is in poor condition, the electrical wiring is faulty, or an oily rag is constantly placed under the hood to wipe your hands, then this may be a reason for the insurance company to refuse to pay. Insurers will refer to inappropriate operating conditions and simply refuse to compensate for the damage. They will be able to justify their refusal by the fact that if the car was in proper technical condition, setting it on fire could have caused less damage.

Claiming CASCO insurance in case of car arson

If the car was insured under a CASCO contract, how can you receive the required payments from the insurance company? You need to follow a simple algorithm of actions:

• collect a package of documents for contacting the insurance company;
• write an application for payment of compensation;
• obtain a decision from the insurance company on payment of compensation.

Let's look at what certificates and papers should be provided to an insurance company employee:

• PTS;
• registration certificate;
• a document from the police about the recorded incident;
• an expert report indicating the reasons for the arson;
• document confirming the initiation of a criminal case.

If the owner has a court decision on the complete arson of the car indicating the culprit, this will significantly shorten the period until compensation is paid. An application for payment of compensation under CASCO can be obtained at the office of the insurance company.

Car theft and arson

If a car was stolen and subsequently set on fire, you must file a police report. After the initiation of a criminal case and its investigation, the culprit of the incident will be identified. If the insurance company made payments under the CASCO policy, then after a court decision the insurer has the right to demand compensation for losses from the violator in court.

The punishment for the attacker will be more severe than for the simple fact of arson. If the theft was committed by a group of people using violent actions, then the perpetrators face up to 12 years in prison. In other cases, when a vehicle is stolen, the attackers face a less severe punishment. It can be imposed in the form of a fine from 120,000 to 200,000 rubles, as well as imprisonment for a period of 5 to 10 years, depending on aggravating factors. (Article 166 of the Criminal Code of the Russian Federation).

Nuances

When collecting documents for processing insurance payments under a CASCO contract in the event of a vehicle being set on fire, you should take into account the need to call the Ministry of Emergency Situations team. Even if the owner independently extinguished a minor fire, then for the insurance company a mandatory condition for providing payments is a document from the Ministry of Emergency Situations about the recorded fire.

Attention

If the car was not insured under a CASCO contract, then you can receive compensation for the damage caused from the person responsible for the incident. To do this, you need to file a statement of claim with the court and attach an expert opinion to it. It must reflect the amount of damage caused. The help of a qualified lawyer will allow you to competently file a claim and receive compensation.

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Destruction or damage to someone else's property through negligence: elements and features of the crime

It often happens that as a result of careless, negligent handling of fire or flammable substances or objects, property belonging to another person is damaged (partially), and sometimes even completely destroyed.

So, a large-scale infliction on the victim, albeit through negligence, is a crime, as is a similar act committed with intent (Article 167 of the Criminal Code).

Of course, the punishment for it is more lenient, but it still exists. The Code of Administrative Offenses also mentions damaging someone else’s property through negligence.

Article 168