Criminal liability for vandalism. Vandalism: Article 214 of the Criminal Code of the Russian Federation. Liability, acts of vandalism, damage to property

Vandalism

The objective side of vandalism (Article 214 of the Criminal Code of the Russian Federation) is characterized by actions that offend public morality. The behavior of the perpetrator is accompanied by desecration, which involves various manipulations. When they are carried out, public structures, buildings or parts thereof, as well as other public property are given a disfiguring appearance. This can be expressed in the application of obscene inscriptions, drawings, and profanity. Acts that offend morality include pasting reproductions, poems, and posters with immoral content, damaging cultural monuments, signs, bas-reliefs, doors and their artistic parts, and contaminating structures with sewage and dyes. Vandalism is also recognized as mockery of historical and spiritual values accepted in society. For example, this could be the placement of Nazi symbols on a monument to fighters against fascist invaders, or the application of images or inscriptions on religious buildings that offend the feelings of believers.

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Types of vandalism

The classification of types of vandalism is based on the variety of actions of violators who commit such a crime.

The main types are:

desecration of buildings and structures of various kinds;
damage to property in public places and public transport.

An act of vandalism is considered a crime, the signs of which are quite similar to other illegal actions. Therefore, it is worth understanding these methods in more detail.

Desecration of buildings and structures

First of all, it is worth paying attention to the concept of “defilement.” This is understood as disfigurement, mutilation of an object or part of it. Accordingly, an act of vandalism committed against a building or other structure involves the implementation of precisely this type of action.

In this case, a structure means buildings of various types, the purpose of which is to ensure the livelihoods of people.

It can be:

transport stops;
bridges;
stands for advertising messages;
underground passages;
monuments of historical significance;
fences, fences, etc.

A building can be any structure erected for any public purpose.

This group includes:

Buildings erected for work activities. For example, office premises, enterprises, firms.
Leisure buildings - libraries, museums, galleries, cinemas.
Buildings created for the provision of medical services. These could be hospitals, clinics, emergency rooms.
Churches, chapels and other buildings of religious significance.

In terms of methods of desecration, the most common manifestation of vandalism against structures is graffiti.

You can give the following example: a man on the reconstructed facade of a clinic carved an obscene word with a drill at his ex-girlfriend, whose house is located opposite. A criminal case was opened and the court recognized such actions as vandalism, namely desecration of the building. Moreover, the small scale of damage did not play any role in this case.

However, in practice there are often situations where the actions of vandals are still considered insignificant. For example, an inscription a few centimeters in size left on the outside of a building will not be a reason to initiate a criminal case. But a curse of the same size written on the inside wall of a building may well entail criminal liability. Especially if the wall of a temple or, say, a museum of world significance is desecrated.

In general, the crime is characterized by the following features:

the crime is considered completed from the moment the combination of letters is applied to the wall of the building;
the motive of the criminal usually lies in contrasting his behavior with the principles of morality enshrined in society (rarely in causing major damage);
usually desecration does not entail the need for expensive repairs or elimination of any danger (for example, the collapse of a building);
desecration can be expressed not only in the application of swear words, but also in the depiction of symbols (for example, a swastika) or, conversely, covering up existing inscriptions.

For example, deliberately obstructing the opening hours and opening date sign engraved on a stone slab in front of a museum would be considered an act of vandalism.

To qualify a criminal act, it does not matter how the structure was desecrated (spray paint, emulsion, knife or other method). The main thing is that the building is located in a public place, and the inscription is in the field of view of people.

In some cases, during the investigation process, additional examinations are carried out with the involvement of linguists, psychologists, religious scholars and other specialists.

Damage to public property and transport

Among the ways of damaging public property, the following are the most striking examples:

breaking windows;
deformation of part of the property (for example, a dent on the wall of a bus);
making cuts (for example, on a theater seat);
arson;
demolition of objects (tipping over a dry closet, telephone booth).

In addition to damage to real estate, the law provides for liability for acts of vandalism expressed in the form of damage to other types of property. In particular, we are talking about public transport. This category does not include school buses, rental limousines, or transportation for employees to work.

For example, if a seat in a service vehicle is damaged, the culprit will not be prosecuted under the article “Vandalism.” However, the person will still have to cover the damage.

Destructive actions of vandals in relation to public transport can be expressed in the following:

broken handrails;
damage to seats;
damage to racks in trams, trolleybuses, buses;
damage to windows, etc.

In this case, the crime is considered completed at the moment of damage to property. The method by which the act of vandalism was committed, as well as the degree of damage caused - complete or partial - do not play a role.

Also, to qualify the crime, the amount of damage that will subsequently be recovered from the culprit does not matter. But the presence of intent is considered the determining factor. That is, if a person inadvertently damaged an object, then he cannot be found guilty of vandalism.

Article 214

Desecration involves various actions leading to giving public buildings, structures or parts thereof a disfigured appearance, offending public morality. This is expressed in the application of obscene drawings, inscriptions of cynical content, obscene words, pasting of posters, reproductions, poems of immoral content, contamination of buildings and structures with dyes, sewage, damage to historical and cultural monuments, their artistic elements, bas-reliefs, signs, doors, etc. mockery of generally accepted spiritual and historical values, for example, placing fascist symbols on monuments to fighters against fascism and Nazism, applying inscriptions or images to religious buildings that offend the feelings of believers, etc.

Similar crimes

There are a number of similar illegal actions with which vandalism is often confused. Here, much depends on the composition of the specific crime.

Similar violations include:

Hooliganism. In this case, the actions of the violator consist of a gross violation of law and order, and not necessarily causing damage. A distinctive feature is demonstrativeness. Violators behave openly, operating directly in full view of citizens. Whereas vandalism involves desecration or damage to property without drawing attention to the person of the criminal. For example, obscene language expressed in a state of intoxication towards participants of a rally in the central square and, say, towards Lenin, accompanied by throwing stones and bottles at them, will be recognized as hooliganism under Article 213 of the Criminal Code. But inscriptions expressing disagreement with the actions of politicians, applied at night to the same monument, without the presence of third parties, are already vandalism (214 of the Criminal Code).
Destruction of property (paragraph 167 of the Criminal Code). Here we are talking about damage to personal property, while vandalism involves damaging public facilities. Moreover, to qualify a crime under Article 167 of the Criminal Code, damage in the amount of at least 5 thousand rubles is required. For vandalism, in principle, there is no framework for material damage.
Disruption of transport. Here we are talking about a crime committed under Article 267 of the Criminal Code. Unlike vandalism, such actions imply the removal of transport or communication routes from working condition, which can lead to disaster and loss of life. Whereas vandalism aims to disrupt public order.
Damage to monuments of cultural significance (243 Criminal Code). The corpus delicti of such an act is similar to vandalism, however, in the latter case it means damage or desecration of only buildings and structures. But when monuments are damaged, the attention of violators is directed exclusively to sculptures, inventions, works of art or other objects whose historical and other value is extremely high. Usually, to qualify a crime under Article 243 of the Criminal Code, an examination is required.
Desecration of burial places and bodies of the deceased (244 Criminal Code). In this case, we are not talking about a violation of public order, as with vandalism, but about non-compliance and ignoring moral norms and traditional foundations.

There is a separate article in the legislation for desecration of objects located in the cemetery. If gravestones, architectural structures, or sculptures at a burial site dedicated to the fight against fascist foundations were desecrated, then the culprit will be prosecuted under Article 243 of the Criminal Code.

Vandalism, as a criminal offense, is the deliberate desecration and damage of any objects. In particular, we are talking about real estate and public transport. Moreover, if a person has violated the law for the first time, then there is a high probability that he will be given a suspended sentence. But the systematic carrying out of acts of vandalism is fraught with more stringent measures, up to the real loss of freedom with a transfer to a colony-settlement.

Human behavior can be divided into constructive and destructive. As they say, it is easier to destroy than to create. Often, dissatisfied and unhappy people who have no other means of self-expression resort to vandalism. What is this concept? The article will look at the difference between vandalism and hooliganism. There is generally criminal liability for vandalism in the cemetery.

Various reasons and motives push people to commit immoral acts. Depending on what property is being damaged, there are different types of vandalism. Let's look at their examples.

Vandalism

Deviant behavior is always associated with some kind of discrepancy between human actions, actions, and activities common in society or groups with norms, rules of behavior, ideas, stereotypes, expectations, attitudes and values. At the same time, some scientists prefer to use expectations (expectations) of the corresponding behavior as a reference point (“norm”), while others prefer to use attitudes (standards, samples) of behavior. Some believe that not only actions, but also ideas (views) can be deviant.

What is vandalism?

Any desecration of real or movable property can be called vandalism. What is vandalism in psychology? This is a person’s mental state that pushes him to destroy, mutilate or desecrate monuments, sculptures, and public property. In contrast to this phenomenon, we can put patriotism - the state of a person in which he is proud of his country, people and tries with all his might to preserve the integrity of his state.

Vandalism is attributed to one of the forms of deviant (immoral) behavior. A person in this state commits senseless acts, which are characterized by desecration, destruction, mutilation and other types of damage to various property of individuals or society as a whole. It can be:

Monuments.
Graves.
Fences (inscriptions on them).
At home.
Public transport.
Public buildings.
Garbage bins.
Attractions.
Elevators.

Various inscriptions, often with obscene language, also refer to vandalism.

A vandal is a person who intentionally or emotionally destroys property belonging to another individual or society.

Historically, the concept originates from the East German tribe of Vandals, who invaded Rome in the summer of 455 and took away valuables and some prisoners. Although their behavior was associated with robbery rather than with the destruction of the city, the qualities of wild, merciless, uncultured “barbarians” were still attributed to them.

Vandalism includes not only the destruction of monuments, but also the desecration of icons and other religious and cultural values. This side of human manifestation is actively interested in criminal law, which has specific reasons to sometimes punish those who have caused this or that harm to others.

Depending on what was damaged or destroyed, there are different types of vandalism. Here are the most common ones:

Graffiti is inscriptions and drawings applied to any smooth surface: walls, fences, asphalt, etc. Paints or ink are used for this.
Tagging is the author's signature left in a public place. A type of graffiti.
Bombing - simple pictures or light fonts, printed in one color or framed in one color and painted over with another.
Inscriptions containing obscene language and immoral phrases.
Book burning.
Desecration of graves.
Damage or destruction of paintings and cultural monuments.
Burning of churches.

Experts have ambivalent views on people's desire to draw on public property. Some perceive street art as a person’s desire to show their artistic skills, which cannot be expressed in other ways. Others believe that in this way “vandals” try to become part of society, while themselves often being ignored.

Other types of vandalism include damage to private property, such as setting a house or car on fire. This does not apply to situations where the owner of the property commits such actions. Vandalism is characterized specifically by the destruction and damage of other people's property.

In criminal law, this concept is given many names, depending on what the person did:

Hooliganism.
Abuse.
Deliberate destruction, damage or destruction.

Anything can be damaged or destroyed:

Benches.
Lanterns.
Lawns.
Glass.
Seats in public transport.
Surveillance cameras.
Garages.
Entrances.

E. Evmenova gives the following classification of vandalism:

Ideological.
Selfish.
Desecration of graves.
Ecological.
Actions based on the desire for revenge.
Electronic computing.
Regarding small architectures (parks).
Music and sports fans.
Anti-cultural (monuments).

Criminal vandalism is divided into the following types:

Domestic.
Ideological.
Terrorist.
Criminal.
Shocking.
State official.

Vandalism

Vandalism differs from hooliganism in that in the actions that constitute vandalism, the violation of public order is not demonstrably rude and does not in all cases express open disrespect for society. When vandalism occurs, first of all, the norms of public morality are violated, on the observance of which, like legal norms, public order is based. In vandalism, the violation of public order may remain unknown until the consequences of the criminal act are discovered. The obviousness of a violation of public order is the main criterion for distinguishing between vandalism and hooliganism. Those. breaking glass in a carriage located at the depot, discovered after some time, is vandalism, and breaking glass in a carriage while passengers are present is hooliganism.

Vandalism: the essence of the crime

Human nature is such that in most cases its essence manifests itself in one of two directions - creation and destruction. And if constructive behavior does not harm anyone, rather, on the contrary, it maintains the usual order of things, then destructive activity can cause considerable damage.

Vandalism in its essence refers specifically to destructive activities. Moreover, this concept arose quite a long time ago. The historical interpretation of the word is robbery and barbaric behavior, the deliberate destruction of art and culture. Such activity did not surprise anyone during the years of wars, raids, conquests and battles.

In the modern understanding, an act of vandalism also means desecration, damage and destruction of private and public property. True, robbery belongs to a different category of crimes.

People who commit acts of vandalism are usually driven by dissatisfaction with themselves, their lives, anger and even hatred of the world around them. In this case, a person deliberately indulges the desire to harm, spoil and destroy any object in order to fuel the internal craving for destruction and disrupt social order. For this reason, psychologists define vandalism as a form of deviant or immoral behavior.

True, there are a number of special motives on the basis of which vandals can presumably act.

Namely:

racial or national hatred;
political or ideological motives;
religious beliefs;
personal animosity;
hatred towards a specific social community.

As for the legal aspect, in Russia vandalism as a criminal offense arose only in 1997. Now, according to statistics, about 4,000 crimes of this nature are committed per year. Moreover, unsolved cases, of which there are approximately the same number, are not taken into account.

What is vandalism

Vandalism is a form of destructive behavior that pushes a person to damage, desecrate and destroy objects of public importance. When committing an act of vandalism, an individual:

consciously or unconsciously spoils beautiful things;
destroys cultural monuments for reasons of protest (maybe even official);
damages public property due to national, ideological, religious hatred and other types of intolerance towards a certain social group;
launches an attack on an Internet resource, littering it with posts of dubious content (this type of vandalism is common on Wikipedia and similar information resources).

The definition of vandalism is broad and can be interpreted differently depending on its cultural or political meaning. The Criminal Code classifies it as a crime against morality.

For vandalism, synonyms will be such concepts as “barbarism”, “savagery”. These are more general concepts that do not reveal the specific features of the phenomenon.

Types of property damage can be classified according to the objects that are destroyed or desecrated by a vandal. The classification is as follows:

desecration of graves, vandalism in the cemetery;
burning of churches, icons, religious objects;
damage to monuments and cultural objects;
restoration vandalism (unintentional, occurring during the restoration of a cultural and art object);
graffiti with antisocial content;
tagging and bombing (subtypes of graffiti);
burning of books.

The object of vandalism must have social or cultural value. If you damage another person's personal item, this is a hooligan act aimed at the individual, not at society. You are guided by the desire to cause damage to a person, not to a direct object.

Other qualifying features are determined by motivation. Scientist S. Cohen identifies the following motivational types:

Acquisition.
Ideology.
Vengeance.
A game.
Anger, anger.
Tactical.

The main difference between vandalism and administrative offense is its global nature and motivation. Depending on the severity of the vandalism, punishment is assigned.

Bottom line

Vandalism is a manifestation of aggression towards society or a way of self-expression. Outspoken patriots or fans are also prone to damaging the property of their opponents. The result of a person’s inability to control his actions and choose legitimate ways to achieve his goal is imprisonment.

Vandalism often affects a person’s life expectancy. So, he may become a victim of the revenge of the one who was harmed. It should be understood that destructive actions are not admired or approved. Society has a clearly negative attitude towards any form of vandalism, which forces it to isolate itself even more from such individuals.

If a person wants to gain recognition from others, then vandalism will not help him with this. Committing criminal acts for the sake of joining a group of hooligans will only end in problems with law enforcement agencies. If a person chooses vandalism, then he becomes an object against which the whole society will fight. And this, perhaps, is not the path that a healthy person would like to take.

Reasons for vandalism

When considering the topic of vandalism, everyone may have a question about what reasons force a person to commit such acts. Everyone has faced the consequences of such acts. In many (if not all) cities you can see a form of vandalism called graffiti. In the news you can hear about the criminal actions of individuals who damaged someone's property. In public transport or in courtyards you can also see the consequences of the deviant behavior of vandals. What reasons can be identified in the desire to destroy something?

The psychological help website psymedcare.ru notes that each situation has its own reasons for the occurrence of certain actions. Teenage vandalism can be characterized by the following reasons:

Unfavorable relationships with parents.
Alienation from family.
Underdevelopment of positive interests and inclinations.
The desire for self-expression.
The influence of the company (friends) on the development of negative behavior patterns.
Lack of goals and meaning in life.
Violation of adaptation and the socialization process.

Shocking vandalism often manifests itself in teenagers and young people who:

They assert themselves.
Oppose social norms, rules of decency and morality.

Household vandalism often develops on the basis of hostile relations towards the subject whose property is destroyed or damaged. So, the vandal directs his anger not at the person, but not at the things and objects that belong to him. This is how he expresses his anger, which often occurs while intoxicated.

Certain types of vandalism are aimed at concealing other crimes, causing specific damage, or for the purpose of gaining profit. Here a person is guided by specific goals, the achievement of which is possible through damage to property.

Individuals commit illegal actions because they are strong adherents of a certain culture, religion, or movement. The two camps may damage each other's property in order to demonstrate their strength, power and other indicators of greatness.

Motives for vandalism

Motives mean the impetus that prompts a person to commit immoral acts. It is not possible to identify clear motives for vandalism, since they are different for each criminal. However, the act of vandalism itself is always committed when a person wants to restore, regain control over a situation or people.

S. Cohen identified the following classification of motives for vandalism:

Vandalism-acquisition - acts as a type of theft, where the destruction of one property allows you to take possession of another.
Vandalism is a tactic – a person, through his destructive actions, wants to achieve a specific goal.
Vandalism ideology is the pursuit of social or political goals.
Vandalism-revenge - a person wants to cause harm after an insult or insult committed by the individual at whom the actions are directed.
Vandalism game is thoughtless acts committed by children or teenagers.
Vandalism-anger is based on dislike, hostility and envy of other people.

Vandalism is often a manifestation of propaganda that affects groups of certain individuals. This is often due to youth groups that create their own internal culture and adhere to certain stereotypes that are dictated by the media. Committing destructive and immoral acts is considered normal for teenagers, which is initially taken from the media, where there is no punishment for committing such acts.

D. Kanter identified the following motives for vandalism:

Anger.
Study.
Aesthetic experience.
Boredom.
Existential research.

The presence of vandalism indicates the imperfection of social structures that educate new generations. Emotional stress, psychological problems, lack of help and support develop internal aggression in a person, who can direct it not at people, but at their property or objects of public importance in general.

Vandalism and hooliganism

For many centuries, such concepts as vandalism and hooliganism have been formed. Some believe that these concepts are synonymous. However, this is not quite true. Each phenomenon has its own specific pattern of behavior, which determines the name of the person - vandal or hooligan.

Vandalism is not always marked by a clear desire to offend someone or go against society. Hooliganism manifests itself when a person goes against the norms of society, violates law and order and demonstratively insults the social order. These include sports fans who attack those who do not join them and destroy government property.

Both hooliganism and vandalism violate public order. However, hooliganism always involves the commission of illegal and criminal acts.

Hooliganism involves committing actions that express disrespect for other elements of society. Vandalism occurs when cultural monuments or state property are desecrated. Vandalism involves the destruction of inanimate objects, not the humiliation of living people.

Another striking difference between the concepts under consideration is that with vandalism, property is damaged, which means that this often happens secretly, secretly, and with hooliganism, everything is aimed at demonstrating one’s disrespectful attitude towards others. The bully acts for show.

Hooliganism is a general term that includes a variety such as vandalism.
Vandalism has been known since ancient times, and hooliganism since the 18th century.
A vandal causes damage to property, and a hooligan causes damage to citizens.
Vandalism is carried out covertly, while hooliganism is carried out demonstratively.

People begin to bear criminal responsibility at the age of 14 for specific offenses, and at the age of 18 for more serious ones.

Vandalism at the cemetery

Cemetery vandalism falls under a special category. Even in the criminal code, all vandalism is covered under one article, and the desecration of graves – under another.

The cemetery is considered the final resting place of those who have died. People find their peace there. Relatives who are still alive have the only way to see them again - at the grave. They come to them, clean the graves, leave flowers and sweets. This is a kind of way of peace of mind and acceptance of the fact that a person is no longer alive, but you can meet with him at any time and communicate unilaterally.

Vandals who destroy graves (dig up for profit, destroy tombstones, trample the ground, leave swastikas or obscene inscriptions) often express their protest against established social norms or thus wish to cause emotional pain to the loved ones of the deceased. In some cases, they carry out their actions for religious, satanic or national purposes, wanting to offend those who are not part of their group.

Criminal liability for vandalism in a cemetery begins at the age of 16. It is often committed by teenagers while intoxicated in order to assert themselves and gain favor with their peers. The following actions are considered criminal:

Any violation of the integrity of the grave: destruction of the tombstone, digging up the grave, breaking the coffin, etc.
Any humiliating or desecrating actions with the body.
Placing obscene or offensive inscriptions at burial sites.

Depending on the severity of the crime, a person is sentenced to 360 hours of work, correctional labor for up to a year, and arrest for up to 3 months. If the person who committed the crime is under 16 years of age, then the parents pay an administrative fine and the child is registered with the juvenile affairs department. A more severe punishment is restriction of freedom from 3 months to 3 years or correctional labor for 5 years.

Examples of vandalism

Examples of vandalism include the following situations:

Burning elevator buttons or walls.
Destruction of benches in front of entrances.
Destruction of benches in playgrounds.
Graffiti on shop walls, fences and bridge columns.
Removing the monument from its pedestal.
Cutting soft seats in public transport with a knife. This also includes various inscriptions on the walls of vehicles or seats.
Destruction of graves, digging them up or destruction of monuments.
The use of swastikas, magical and other religious or ritual signs on the walls of public buildings.
Breaking glass or lights.
Damage to someone else's car.
Destruction of church relics and buildings.
Throwing bottles against the walls of buildings.

Any destruction, desecration, damage, partial or complete destruction of someone else's property is vandalism. This group may not include items that belong personally to a person. If the individual is in a public place or on the territory of another person, then any destruction is considered vandalism if it was committed without the knowledge and consent of the owner.

Separately, situations that combine vandalism and hooliganism should be highlighted. Such an example could be the behavior of sports fans, who can humiliate their opponents, beat up their fans, damage property, and throw alcohol bottles. Often, two forms of delinquency manifest themselves under the influence of psychotropic drugs and substances that turn off a critical assessment of the situation.

Graffiti: art or vandalism?

Any inscriptions and drawings made on the walls of buildings, bridges, and other construction sites are classified as graffiti. Even the inscription on the brick wall, written with a marker. The debate about what graffiti, art or vandalism is has not subsided for many years.

Street art made for the purpose of artistic expression should not be considered an act of vandalism. His task is to bring his own, and not to destroy the object. Graffiti artists sometimes create paintings on the walls that become their real decoration. Tagging is much closer to the actions of vandals - quickly applying your signature wherever you need to.

Graffiti is considered vandalism in cases where its purpose is to desecrate a public object. Thus, applying rude inscriptions or vulgar drawings to cultural or grave monuments is vandalism as it is. Creating a painting with artistic content on a blank wall of the house is not (although it is an illegal violation for which punishment is expected).

When trying to understand what street art is - vandalism or art - try to determine the artist's motivation. The desire for artistic expression distinguishes it from a hooligan destructive act.