Sample statement to the police for damage to common property article

Very often we are faced with a problem such as intentional destruction or damage to property. The human right to private property is protected by law, as stated in Article 35 of the Constitution of the Russian Federation:

1. The right of private property is protected by law. 2. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons. 3. No one can be deprived of his property except by a court decision. Forced alienation of property for state needs can only be carried out subject to prior and equivalent compensation. 4. The right of inheritance is guaranteed.

Punishment for encroachment on it is provided for in Article 167 of the Criminal Code of the Russian Federation. This norm is a government instrument that helps fight criminal elements who encroach on what belongs to honest citizens. However, the guilt of the person who has stumbled is not always so clear.

Liability for property damage

The law of the Russian Federation provides for criminal and administrative liability for causing damage to someone else's property.
Which jurisdiction a particular case falls under is determined by the size of the loss and the intentions of the attacker. A crime can be committed intentionally, out of hooligan motives or for other purposes. This is regulated by Article 167 of the Criminal Code of the Russian Federation. Or the harm may be caused unintentionally, for example, due to negligence or due to an accidental coincidence; the penalty is specified in Article 168 of the Criminal Code of the Russian Federation. In the administrative code, Article 7.17 of the Code of Administrative Offenses is responsible for this.

Damage to property can be partial, when repairs can restore the function of the object. If the item is completely damaged, it cannot be restored.

Criminal liability applies to cases where the loss was caused in the amount of:

2,500 rubles if the crime is intentional;
250,000 rubles if there was negligence.

If the amount of loss is lower than specified, then the illegal action is regulated by the administrative code.
The age at which responsibility begins is 16 years. In case of criminal liability, the court may impose the following penalties, depending on whether premeditation has been proven:

payment of a fine of up to 120 thousand rubles;
arrest for up to 2 years;
public Works;
deduction of wages for the year.

Classification

Property located in an apartment building may have the following types:

Premises that are not included in the apartment. These include attics, elevators and equipment for them, stairs and flights, corridors, basements. Despite the fact that in new buildings the ground floors are sold and used as premises with non-residential purposes, their parts where communications are located belong to the common property.
Premises that are located in the house and do not belong to anyone, according to official documentation. You, together with other residents of the house, can equip a gym in the basement, while ownership will not belong to any of you, that is, anyone can use it.
Structures that have load-bearing value, roofs, or equipment located in the house itself or outside it. Provided that it is used not by one apartment, but by several.
The land on which the house structure is located. This also includes elements that have as their function landscaping, parking, playgrounds, etc. Boundaries are determined in accordance with the legislation in force in urban planning and land development.

Sample statement to the police about property damage

In today's conditions, almost every citizen of the Russian Federation is trying to acquire property values and improve their well-being. When even minor damage is caused to personal property, its owner perceives it extremely harshly. Even if the value of the damaged property is small, the citizen who owns it can contact law enforcement agencies for help. An application to the police about damage to property, a sample, which can be found in the article, is submitted at the victim’s place of residence.

Procedure for accepting applications

Complaints about property damage are accepted at the police department, and the application can be brought ready-made or drawn up at the place of application. In any case, applications are considered within 10-15 minutes, the applicant is given a coupon confirming the fact of registration.

An application may be refused in the following cases:

there is no contact information for the victim;
the application is submitted anonymously;
the body of the document does not set out the facts defining the crime.

In addition, if a court decision is made on this fact of property damage, the application will also be refused.

Reporting property damage to the police

In the event of intentional damage to property by attackers, the first authority to turn to is law enforcement agencies. To do this, you must write and submit an application to the official. To ensure that a citizen’s appeal is accepted for consideration and not forced to be redone, it is recommended that you familiarize yourself and study the sample application for damage to property in advance.

Precinct police station no.

Moscow police department

From citizen Alexander Nikolaevich Ivanov

Living at Dzerzhinsky Avenue 5, apt. 3

Telephone

Statement

I ask you to accept and register a statement on my behalf regarding the fact of the unlawful act committed and to consider the possibility of initiating a criminal case in accordance with Article of the Criminal Code No. 167, which was expressed in the deliberate destruction of my property, which caused significant material damage. Based on Article No. 145 of the Code of Criminal Procedure, Part 2, I ask you to notify me of the decision made. Based on the circumstances of the crime, the following can be explained:

Where to contact

In general, applications for damage to property are accepted by three authorities, depending on the goals of the victim. It looks like this:

application for criminal or administrative liability - the application is accepted at the police department at the place of residence;
if the police refuse, you can bring the perpetrators to justice and file a complaint about the inaction of the employees through the prosecutor’s office;
compensation for damage - courts.

Important! You can submit an application to any of the listed authorities, and they must register it and take appropriate action.

How to compose?

As is clear from the previous section, a statement and a claim are drawn up differently. Let's consider the principles of their creation separately.

Sample statement to the police about property damage

In principle, both an application for administrative liability and an application for a crime are created using the same template:

“Hat” is written at the top right. It is indicated to whom the application is addressed (full name, title and position of the head of the department), as well as from whom it was received. Here, in addition to personal information, you must provide contact information so that you can be contacted;
Descriptive part. Here you need to succinctly and briefly state the essence of the matter. Just the facts. There is no need to describe your emotions;
Actually a request (for prosecution, capture, etc.). In an administrative case, the requirement may also be indicated at the beginning of the descriptive part.
Signature with transcript and date.

For sample applications to the district police officer regarding damage to property and theft, see the appendix.

Sample statement to the police

Sample statement to the police - 1

Sample statement to the police - 2

Sample statement to the police about property damage

In Russian legislation, property damage means causing damage to someone else's property. Based on the nature of the offender’s actions, damage is divided into intentional and unintentional, and based on the amount of financial losses - into causing minor and major losses.

Damage to property.

Criminal intent consists of deliberately causing harm, destruction or destruction of property belonging to individuals. If an attacker does not realize the illegality of his actions and the likelihood of damaging someone else’s property, Article 167 of the Criminal Code does not apply to him.

The legislation of the Russian Federation provides for the punishment awaiting an offender who intentionally causes damage to the personal property of citizens:

fine up to 40 thousand rubles. or withholding three months' earnings in favor of the state budget;
unpaid correctional labor;
administrative arrest or imprisonment for up to 24 months.

If criminal actions related to damage to property led to the death of a person or other serious consequences, the perpetrator is convicted under clause 2 of Art. 167 of the Criminal Code of the Russian Federation and sentenced to 5 years in prison. A similar amount of punishment awaits attackers who cause damage to someone else’s property for hooligan reasons. The same sanctions are imposed when a crime is committed in a socially dangerous manner.

Damage to someone else's property.

Damage to property due to negligence in the Criminal Code of the Russian Federation is regulated by Article 168. Unintentional damage occurs as a result of a fire, explosion, car accident and other situations not related to purposeful actions. An offender found guilty by a court under this article will face the following sanctions:

Fine to the state budget. The amount is determined based on the results of the procedural proceedings. The maximum amount is the annual salary of the defendant or 120 thousand rubles.
Unpaid work - forced labor for up to 12 months or correctional work for up to 2 years. In some cases, the judge imposes a sentence of 480 hours of compulsory voluntary work.
Imprisonment or restriction of freedom for a period of up to 12 months. Such sanctions await the offender who, through careless actions, has caused damage on an especially large scale.

Types of liability

If a person legally owns property assets, he or she can seek redressal of any irregularities associated with such ownership. In case of intentional damage to someone else's property, the following types of liability may arise:

civil liability - by filing a claim in court for damages;
criminal liability - by filing an application with law enforcement agencies about damage to property assets and initiating a case on this fact.

For initiating civil proceedings, the amount of damage caused has no legal significance, since the right to judicial protection arises for any amount of damage. Criminal liability is another matter, Art. 167 of the Criminal Code of the Russian Federation directly regulates that the use of state penalties is allowed only in the event of significant harm.

In addition, this provision of the law also contains a description of the special methods that the offender used to cause damage to property:

hooligan urges;
socially dangerous actions in the form of deliberate arson, explosion, etc.;
actions that simultaneously led to the death of citizens or other grave consequences.

Where can I submit a sample application for property damage?

All activities of people throughout their lives are aimed at acquiring property, improving their well-being and a comfortable existence. Therefore, damage, and even more so the destruction of personal property by a stranger, is perceived very harshly by the owner, even if the value of the damaged item is small. What to do if your property has been damaged by someone?

There are several options. Depending on the amount of damage and the circumstances under which it was caused to the victim’s property, the act is classified under the criminal or administrative code.

In addition, when it comes to a poorly performed service, the law on consumer rights is involved.

Damage or destruction of someone else's property on a large scale, committed intentionally (), is punishable by Article 167 of the Criminal Code of the Russian Federation.

In this case, you should contact the nearest police station.

Although, you can contact the wrong address. In this case, the application will be accepted, but its consideration will take more time.

In order to receive compensation for your damages, you must file a claim in court. In principle, compensation for damages can also be considered during a meeting dedicated to a criminal case. But in order to be sure to receive compensation, you should still take care of it.
The prosecutor's office is usually contacted when a complaint about property damage has been refused at the police station.
For accidental, that is, damage or destruction of property, the penalty is specified in Article 168. If an act committed against your property falls under this article, you should also contact the police.
When the value of the damaged property is small (up to 2,500 rubles), but you still want to punish the offender, you should write a statement to the police, but with a request to bring the offender to administrative responsibility.

Next, we will talk about the form for reporting property damage to the police.

When it comes to a statement sent to the police, you should know that you do not have to write it, especially in advance. When you arrive at the department, you can tell the employee about what happened, after which he will draw up a protocol from your words, which you sign.
Otherwise, the situation will be with the claim. This paper must be submitted in writing. In addition, in order for it to be accepted for consideration, it is necessary to comply with the requirements established by law and the deadlines for filing an application for damage to property.
If you want to personally make sure that the application will definitely get the case moving, you can write it according to the sample provided by the police or fill it out at home by finding the appropriate form on the Internet. After submitting it, ask for the corresponding coupon.

How to prove the amount of damage

Confirmation of ownership or other legal right of possession is important and can be supported by the following documents:

in relation to real estate - an extract from the Unified State Register of Real Estate, a certificate of title, lease agreements, etc.;
in relation to movable things - sales receipts, sales contracts, warranty cards, etc.

It is also necessary to confirm the significant amount of damage. According to the law (Art.

158 of the Criminal Code of the Russian Federation) such damage must be at least 5,000 rubles, but it also depends on the property status of the owner. Consequently, if the amount of damage caused was less than the specified amount, citizens can only apply to a civil court with a claim for damages.

Determination of the value of damaged property assets will be carried out at the stage of investigation and judicial investigation. The application must confirm this amount by referring to documents confirming the fact of acquisition of things and objects. If the purchase and sale agreement specifies the cost of an item in excess of 5,000 rubles, it may change significantly due to natural physical wear and tear and operating conditions.

After receiving the application and starting a criminal case, law enforcement agencies may order an examination to establish the true extent of the damage caused. At the same time, documents for things or objects will be examined, as well as actual inspection and examination of movable and immovable objects will be carried out.

The following have the right to submit an application:

citizens who own assets by ownership or other right (for example, lease);
legal entities in relation to their property;
authorities - if the damage occurred in relation to a state or municipal fund;
owners of apartment building premises in relation to common property.

The application and attached documents must be registered upon submission. It is from this moment that the procedural deadlines for initiating a case or denying such a claim begin.

Identifying the perpetrators will make it possible not only to apply criminal sanctions against him, but also to file a civil lawsuit. The damage caused is subject to compensation in full, regardless of the application of criminal sanctions.

If, based on the results of consideration of the application, a refusal to initiate a case is issued, citizens can challenge such a decision by filing a complaint with senior management of law enforcement agencies, or with judicial institutions. The key point when challenging will be confirmation of legal ownership, as well as the total amount of damage caused.