Article 214 of the Criminal Code. State Attitude Toward Vandalism

Vandalism is considered to be such behavior of a person, as a result of which private or public property is destroyed or defilements, as well as historical monuments and other objects of culture and art. Article 214 of the Criminal Code provides for a certain punishment for someone who was seen in the commission of such acts.

Vandals

Historians argue that people started talking about vandalism as far back as 455 AD. The situation occurred in Rome and, in the opinion of the head of the clergy of Pope Leo the First, caused irreparable damage to the great ancient city. The tribe of vandals that existed in those days abducted many people, carrying with them a large number of historical and other values. In fact, it was an ordinary robbery. But since then, any meaningless actions that cause serious harm to property, are just such a name. Article 214 of the Criminal Code describes in detail the actions of this kind. They have two distinctive features. First, such acts violate public order. Secondly, they threaten the protection of public property and morality. This is where article 214 of the Criminal Code of the Russian Federation focuses its attention.

It does not deal with theft, like fifteen hundred years ago. Here, rather, the fact of a barbarous attitude to values is meant. These can be works of art or objects that are the cultural heritage of society.

Causes of vandalism

All actions committed by people have their logical explanation. In this case it is difficult to imagine what can cause a person to destroy what is created by others. And if it is a matter of historical value, then another question arises: "Why are they doing this?" I want to know what makes people turn into real monsters. These actions are very reminiscent of hooligan acts with the only difference is that they are most often performed not so demonstratively, although they sometimes resemble a real performance. If we talk about the age of criminals, then for the most part they are teenagers. In their age everyone wants to assert themselves and seem more meaningful in the eyes of others. Probably, therefore, Article 214 of the Criminal Code provides for liability from the age of fourteen. A teenager is always ready to show his courage and strength with enthusiasm. He does not know the feeling of fear enough to understand what all this can lead to. In addition, this is the time when all young people try to attract attention by any means. Their desire to be in demand and popular sometimes makes one commit the most unpredictable acts.

Punishment of the guilty

Aggression of this kind is different. Therefore, the article "Vandalism" consists of two parts. The first one considers individual manifestations of ill-considered cruelty.

For example, the young man decided to scratch his name on the wall of the building, which is considered a historical monument. His only desire at that time was to declare himself. By his actions he wants to gain authority among peers, to make everyone talk about him. At this time, he seems to himself a hero who is ready for any reckless act. And the more damage is, the more he is proud of it. But this does not justify his actions. Society should not suffer from the fact that one of its members does not know the scope of the permissible. This can lead to permissiveness and disorder. Therefore, there was such an article "Vandalism", with the help of which the state has the opportunity to suspend such a vicious practice. For damage to buildings, buildings and other property found in transport or other public places, the violator risks receiving punishment in the form of:

• A fine, the amount of which can be from 40,000 rubles to the amount that makes up its total income for three months;
• Mandatory work (but not more than 360 hours);
• Arrest for 3 months;
• Forced labor up to 1 year.

These measures are more educational. With their help, the state tries to explain to the citizen the inadmissibility of such acts.

The aggravation of guilt

Vandalism can also be of a mass character. These issues are addressed in Part 2 of Article 214 of the Criminal Code. If a group of people participates in the case, the situation takes a completely different form. The actions of the collective, as a rule, are pre-planned and prepared. It only aggravates the blame. In addition, the paragraph has additions. They give explanations of possible motives. Criminal actions can be committed because of religious, ideological, racial, political or national enmity. Besides this, one can not exclude hatred towards any particular social group. In this case, vandalism can be expressed in the collapse of monuments, prayer houses and other items, which for some people are sacred and inviolable. As a sign of disregard for other people's ideals, criminals can use graffiti with fascist symbols or obscene expressions to inflict the most severe moral trauma on the opponents.

For such actions, they will be punished in the form of forced labor, as well as restrictions or full imprisonment for a period not exceeding three years.

Interesting details

Comments on Article 214 of the Criminal Code help to better understand the problem. This allows, if not to justify, then at least understand the offenders.

The first part of this article is sometimes confused with hooliganism. Of course, because in both cases, the actions lead to complete or partial destruction. The only difference is that the vandal, unlike the bully, not only spoils his property, but also violates public order. For example, one person scribbled a bad word on the wall in the entrance of an apartment building, and another chose a monument in the center of the city for this. They both break the law. But in the second case there is a demonstrative challenge to society, the desire to expose its act to all those around. Concerning the second part of this article the issue has been brewing for a long time. The state decided to repulse those who do not respect the feelings of others. For example, the inscription made on the temple not only spoils its appearance, but also offends the dignity of believers. To determine the punishment should also take into account the size of the deed, as well as the means that can be spent to eliminate it.

Upon closer examination

In order to render a correct verdict, the court must properly determine the composition of the crime.

Art. 214 of the Criminal Code of the Russian Federation, like all the rest, provides for the presence of basic signs:

1. The object of the committed crime in this case is the very social order that the vandals tried to break.
2. As an objective side, there are buildings, structures and property located in public transport and other places of congestion.
3. The subject in this situation is a specific individual who, by the time the act was committed, has already reached the age of fourteen.
4. The perfect crime has a subjective side, which, as a rule. Characterized by intent. That is, the actions were thought out in advance. Moreover, intent must be direct. It's not about the idea that came to mind.
5. By design, the offense is formal.

Based on this, the representatives of the parties in the court will plan their actions.