Article 214 of the criminal code. The state's attitude to vandalism

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2019-08-20 07:20:32

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Vandalism is considered to be a human behavior, which is destroyed or defiles private or public property, as well as historical monuments and other objects of art and culture. Article 214 of the criminal code provides for a certain punishment for one who was seen committing such acts.

The actions of vandals

Historians say that about the vandalism of people first began in the year 455. A situation occurred in Rome and, according to the head of the clergy Pope Leo the First, caused irreparable damage to the great ancient city. Existed in those days the tribe of the vandals stole a lot of people, taking with them a large number of historical and other values. In fact, it was an ordinary robbery. But since then any senseless actions, causing serious damage to property are of 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. On this article 214 of the criminal code focuses its attention.

article 214 of the criminal code

It is not a question of theft, as fifteen hundred years ago. Here rather refers to the fact barbaric attitude to values. It can be works of art, objects which are the cultural heritage of society.

Causes of vandalism

All the actions of the people, have their logical explanation. In this case, it is difficult to imagine what could cause a person to destroy what others have created. But if we are talking about historical value, then there is another question: "Why are they doing this?" I want to know what makes people turn into these monsters. These actions are very reminiscent of hooliganism with only one difference that in most cases they are not so demonstratively, although sometimes reminiscent of a real performance. If we talk about the age of the criminals, for the most part, it's teenagers. In the old days everyone wants to assert themselves and to seem more important in the eyes of others. That's probably why the article 214 of the criminal code provides for liability already fourteen. Teenager are always encouraged to demonstrate their courage and strength. He was unfamiliar sense of fear enough to understand what it all might lead. In addition, it is a time when young people are trying by all means to attract attention. Their desire to be popular and sometimes makes you do the most unpredictable things.

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Punishment

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

art vandalism

For example, the young man decided to scribble his name on the wall of the building, which is considered a historical monument. His only desire at the moment – to declare itself. His actions, he wants to gain credibility among peers, to make about it. At this time he seems to imagine a hero who is ready for any reckless act. And the greater the damage, the more he is proud of it. But this does not justify his actions. The public should not suffer from the fact that one of its members knows no bounds of acceptable. This can lead to permissiveness and chaos. Therefore, an article appeared called "Vandalism", with which the state has the option to suspend this evil practice. For damage to structures, buildings and other property which on transport or other public places, the offender risks punishment in the form:

  • Fine, the amount of which can vary from 40,000 rubles to the amount of its total revenue in three months;
  • Compulsory work (but not more than 360 hours);
  • The arrest for 3 months;
  • Forced labour for up to 1 year.

These measures are of a more educational nature. With their help, the government is trying to explain to the citizen the inadmissibility of such actions.

The Aggravation of the guilt

Vandalism can carry mass character. These issues are discussed in part 2 of article 214 of the criminal code. If the case involved a group of individuals, the situation takes on a completely different look. The actions of the collective, tend to be thought out in advance and prepared. It only aggravates the guilt. In addition, in paragraph, there are additions. They give explanations on the possible motives. Criminal acts may be committed because of religious, ideological, racial, political or ethnic enmity. In addition, we cannot rule out the hatred against a certain social group. In this case, the vandalism can be expressed in the collapse of monuments, houses of worship and other objects, which for some persons are sacred and inviolable. As a sign of disregard to other people's ideals criminals can use graffiti with Nazi symbols or obscene expressions, to cause most opponents a strong moral trauma.

part 2 of article 214 of the criminal code

For such actions they will be punished in the form of forced labor, and restrictions or complete deprivation of liberty for a term not exceeding three years.

Interestingdetails

Comments to the article 214 of the criminal code help to better understand the problem. It allows if not to justify, at least to understand the perpetrators.

the commentary to article 214 of the criminal code

The First part of this article is sometimes confused with bullying. Of course, because in both cases lead to full or partial destruction. The only difference is that the vandal, unlike the bully, their actions not only damage property, but also disturbs public order. For example, one person had scratched a bad word on the wall in the entrance of a house, and another was chosen for this monument in the center of the city. They are both breaking the law. But in the second case, there is a blatant challenge to society, the desire to put his act on display for everyone around. Regarding the second part of this article, the issue was ripe. The government has decided to rebuff those who don't respect other people's feelings. For example, the inscription on the temple, not only spoils its appearance but also offends the dignity of believers. To determine the penalties should also consider the size of the offense, as well as funds that can be spent on its removal.

Upon closer examination

To render a proper verdict, the court must identify the offense.

the offense article 214 of the criminal code

St. 214 of the criminal code, like all the others, provides for the main features:

  1. The Object of the crime in this case is the same social order which tried to disrupt the vandals.
  2. As the objective side are the buildings, structures and property located in public transport and other crowded places.
  3. The Subject in this situation is a natural person who at the time of Commission of the acts already reached the age of fourteen.
  4. The crime has a subjective side, which, as a rule. Is characterized by intent. That is, actions were premeditated. Moreover, the intent must be straight. Here we are not talking about the idea that randomly came to mind.
  5. The design of the corpus delicti is formal.

On this Basis, the representatives of the parties in court will have to plan their actions.

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