What is an act of vandalism and how is it different from hooliganism?

Types of vandalism

This crime is classified according to objects that are subject to desecration or destruction. The division is as follows:

• grave desecration or cemetery vandalism;
• arson of churches, religious objects, icons;
• graffiti with anti-social content;
• graffiti in prohibited places and in front of passers-by (bombing);
• graffiti with hastily signed signatures (tagging);
• burning of printed editions of literature;
• damage to cultural objects and monuments;
• unintentional vandalism that occurred during restoration activities with objects of art and culture.

Nuances of the case consideration

When considering a particular act, it is necessary to know exactly the details of a particular case and consider each situation separately. In practice, there are quite a few cases where vandalism is essentially confused with hooliganism.

Few people understand that in the case of hooliganism, the objects against which illegal actions are committed can be people. In the case of vandalism, only objects are damaged.

In addition, in order for a particular action of a person to be incremented under Article 214, it is necessary to prove the fact that his act was aimed at undermining the spiritual and moral state of society, at his emotional action in relation to what was committed. For example, if a person writes something on an abandoned building, it will not be considered an act of vandalism. However, if he does the same thing at a monument or some religious site, then this action will entail general indignation.

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Real life examples

One of the famous acts of vandalism, which is called the Portland Vase. The vase was made in the 1st millennium BC, on February 7, 1845, William Lloyd, arriving drunk at the British Museum, broke the vase, explaining the behavior by saying that he wanted to see how the ancient vase would break.

The next example of desecration is called “The Good Parishioner.” From the title it is already clear that the case relates to the church. More precisely, to the icon with the image of Christ “Ecce Homo”. The 19th century fresco was located in a church not far from the city of Zaragoza. The image faded over time, and one woman from the parish decided to restore the icon. Unfortunately, the restoration ended unsuccessfully due to the woman’s lack of professionalism. And instead of Christ, something unknown was depicted on the icon.

The third case of vandalism dates back to 1985 and the object of destruction was the famous painting by Rembrandt “Danae”. Bronius Maygis destroyed the canvas by dousing it with acid and then cutting it with a knife. As a result of consideration of this crime in court, the defendant was declared insane and released in the courtroom. The painting was restored, but not everyone recognizes this object as a work of art, because the author’s feelings have sunk into oblivion along with “Danae.”

The painting “Ivan the Terrible kills his son” was also not ignored by vandals. On January 16, 1913, Abram Balashov dealt 33 blows to the painting, so that the artist had to re-paint the faces of the characters depicted in the painting.

The attempt on the Mona Lisa is not one crime, but 3 actions regarded as vandalism. In 1956, the piece of art was damaged by acid; twenty years later it was doused with paint. Recently a ceramic mug flew into her. Currently, the painting is protected by armored glass.

The next act of desecration is referred to as the Church of Fanforte. Associated with the arson of a religious structure. This act was committed by Kristian Vikirnes, now called Varg Vikirnes. He believed that paganism was the true faith, and Christianity was imposed by the highest circles of power.

Another not-so-well-known vandalism is the Copenhagen Mermaid. Like the Mona Lisa, she was subjected to criminal acts more than once. In 1961 - doused with paint, after a while - she had underwear. In 1963, the mermaid was left without a head, 30 years later, Jorgen Our writer and artist from Denmark, admitted to what he had done in his memoirs. In 1998, the sculpture lost its head again. In 2003, she was sent on a free voyage. The final act was to paint it pink in front of onlookers.

Distinctive features of the crime

As mentioned above, an act of vandalism has many similarities with other illegal acts. For this reason, crime statistics rarely record cases of the crime in question.

Distinctive features from hooliganism

When committing vandalism and hooliganism, attackers with their behavior oppose themselves and society, challenging established traditions, rules, and customs. Hooliganism always occurs openly, while acts of vandalism are carried out secretly with the obligatory damage to property.

Difference from damage to property

A crime resulting in damage to property belonging to a certain citizen is regulated by Article 167 of the Criminal Code. Vandalism involves causing damage to property located in public places.

Liability under Article 167 of the Criminal Code arises in the event of damage to property in the amount of more than 5,000 rubles. There is no minimum amount of damage caused by vandals; even if it is insignificant, attackers can be prosecuted.

Differences from other acts

Article 267 of the Criminal Code is used extremely rarely in judicial practice. It regulates the act as a result of which communications or means of transport were damaged. The difference from vandalism is that the attacker does not have the goal of disrupting the existing public order. Its main goal is to damage the vehicle or communication routes. The consequences of such a crime can be much more serious than vandalism.

If a criminal intentionally damaged objects that have the status of a cultural monument, then the punishment will be imposed under Article No. 243 of the Criminal Code. In case of desecration of burial places or desecration of the bodies of deceased citizens, punishment will be imposed under Articles 243 or 244 of the Criminal Code. Desecration of slabs on graves, monuments and sculptural compositions at burial sites and monuments dedicated to the fight against fascism will not be considered vandalism. Such actions will be classified under the articles indicated above.

Is graffiti vandalism?

When answering the question, do not forget that graffiti and street art are two different concepts. More often than not, graffiti is an inscription expressed in a style characteristic of a particular person. Don't forget that this is a big risk. But still, if it does not fit into the urban design, then it is vandalism. Street art is a direction of fine art associated with increasing the role of the city in public life and increasing the number of urban population.

Please note that street art is based on graffiti.

How to treat graffiti is something everyone decides for themselves, but we are talking about the legal side. Therefore, any desecration or damage is punishable by law.

Administrative liability for an act of vandalism

If the inscriptions are applied to structures that are located in sparsely populated areas, then such actions will not be classified as vandalism. An example of such an act could be an obscene inscription on the gate of one of the boxes of a garage cooperative. For committing such acts, the attacker will be held accountable in accordance with Article 7.17 of the Code of Administrative Offences. The owner of the property who suffered the damage may seek compensation through civil proceedings. The fine for committing a lien on someone else's property is up to 500 rubles.

Difference from hooliganism

Vandalism, like hooliganism, has its own distinctive features by which the crime is classified. Hooliganism is the behavior of an individual that contradicts the norms and principles of order in society. The second distinctive feature suggests that vandalism is always aimed at damaging property, and hooliganism, in turn, does not in all cases lead to damage or destruction of property. Punishment for vandalism is provided for in Article 214 of the Criminal Code of the Russian Federation.

Differences are also found in the composition of the crime:

1. Object of crime. Hooliganism is against social relations, which constitute the content of public order. Vandalism is against relations to protect public order, as well as morality and property.
2. The objective side of the crime. Hooliganism is expressed as a gross violation of public order, when a person clearly shows disrespect for society, regardless of motives. In vandalism, this element of the crime is expressed in the commission of actions to desecrate buildings and structures and damage property in public places, including transport.
3. The subjective side of the crime. In both types of crimes it is characterized only by direct intent.
4. Subject of the crime. In both cases, the subject will be a sane person who has reached 14 years of age (Part 2 of Article 213 and Article 214 of the Criminal Code of the Russian Federation), and 16 years of age (Part 1 of Article 213 of the Criminal Code of the Russian Federation).

Damage to property of public places

Not only real estate objects, but also all types of public transport can be the target of an act of vandalism. An example of such actions is damage to seats on a tram, breaking handrails on a bus, and damage to glazing in subway cars. To qualify a crime under Article 214 of the Criminal Code, the degree of damage to property does not matter. An illegal act will be considered committed from the moment of causing at least some damage to property. The manner in which the damage was caused is also not taken into account. Destructive actions can be the following:

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• breaking;
• deformation;
• arson;
• demolition.

The amount of damage caused may vary and must be indicated in the claim from the city administration, but this fact also does not affect the qualification of the crime. Persons over 14 years of age are held accountable under the article of vandalism.

Article 214

Due to the fact that vandalism is considered a less serious crime than hooliganism, penalties for it are reduced.

A person who desecrates monuments can receive three months of arrest, a year of correctional labor, no more than 360 hours of mandatory labor, or a fine of about 40 thousand rubles. If the violator is unable to provide the full amount, the court may force him to give some share of the salary within 3 months.

Actions classified as vandalism can be carried out either by a group of people or by an individual citizen. If they are carried out with the desire to infringe on a certain race, political direction, nationality, and so on, then the court can use one of three punishments (restriction of freedom, complete deprivation of it, forced correctional labor). Which one is chosen depends on the severity of the crime. The maximum term of each sentence is 3 years.

Article 213

Hooliganism, which is committed with the help of weapons or any other objects that can cause harm, in order to show one’s racial, ideological, national hatred or enmity towards any group of people, is punishable by three types of restrictions. Which one will be applied depends on the severity and intent of the crime. Criminal liability for hooliganism (and vandalism too) in Russia is not truly serious:

• Mandatory duties may be assigned. The minimum period is 180 hours, the maximum is 240 hours.
• Corrective labor is often used. They are appointed for a period of 1 to 2 years.
• If the violation is too severe, the court may impose imprisonment. The maximum period is 5 years.

If the action is carried out by a group of people as a result of a conspiracy with the desire to resist the current government (or with the aim of causing harm to any other person involved in maintaining order), then imprisonment is used as a punishment. The maximum period is 7 years.

Penalties for minors

In our country, you can be punished under Article 214 from the moment you receive a passport, i.e. from the age of 14. According to data from last year, more than 75% of people prosecuted for vandalism in the Russian Federation were under the age of 20. What does it have to do with it? Young people often do not think about the consequences of their actions and are ready to express their point of view in specific actions. As a result, the victims of their actions are broken monuments, painted buildings, toppled information stands, broken lamps and everything else that can show their attitude to specific things. Thus, in the course of the above actions, public indignation occurs, people’s dissatisfaction with their actions.

Using judicial practice in relation to minors, we can say that most cases related to vandalism are not continued or are subject to reclassification from the article on hooliganism.

Decisions on the case occur only in extreme cases, when the person’s actions could lead to general unrest among people about the actions taken. For example, if during the committed act, mass unrest began regarding the actions of the police or people began to feel unsafe.

In this case, the minor may be punished as follows:

1. Fine of up to 40 thousand rubles. In most cases.
2. Correctional work from 3-12 months.

The punishment will be determined by the individual situation and the consequences of the committed act. It will be possible to find out more accurately when charges are brought against the person.

Vandalism and extremism among teenagers

Most often, extremism among teenagers arises as a result of constant quarrels or conflicts at home. Other motives may include the following factors: influence from authority figures for the child, peers, parents with radical opinions. In addition, the causes of hooliganism or vandalism can be tension, stress and mental characteristics (strong suggestibility or excessive aggression). The state is actively working to reduce the spread of extremism among teenagers, as this is the most vulnerable link in society. In order for preventive measures to be successful, you need to understand where the thoughts of engaging in such acts come from. Hooliganism and vandalism are types of extremism that are so popular among young people.

Vivid examples of teenage rebellion: graffiti, street fights, strikes, arson, violence of various types, and so on.