What is the punishment for setting a car on fire?

Vehicle arson

Setting a car on fire is an illegal act. If damage was caused to someone else's property, the violator of the law will face punishment. The sanctions applied in the current situation are fixed by the Criminal Code of the Russian Federation. The type of punishment depends on the nuances of the current situation. A citizen who breaks the law may get away with a fine or imprisonment. In order to know in advance all the features of the procedure and ways to protect your rights, you should familiarize yourself with the latest information on the topic in advance.

Article of the Criminal Code of the Russian Federation

The punishment for setting a car on fire is set out in Article 167 of the Criminal Code of the Russian Federation. According to the provisions of the regulatory legal act, such an action is regarded as the deliberate destruction of someone else's property. Arson of a vehicle is a generally dangerous act and entails punishment. Damaging your own property is not considered a crime.

However, there are exceptions to the rule. There are known cases when, having insured a car under CASCO, its owner independently set fire to the car in order to receive payment. Such an act is also illegal and punishable. However, the action does not fall under Article 167 of the Criminal Code of the Russian Federation. Such manipulation is classified as fraud.

Liability under Article 167 of the Criminal Code of the Russian Federation occurs after the commission of arson. If there was a threat to carry out an action, punishment is applied, but in accordance with another legal act. In this situation, the citizen will have to bear responsibility for the threat of damage to someone else’s property.

Punishment and liability for setting a car on fire

The grounds for prosecution are enshrined in Article 167 of the Criminal Code of the Russian Federation. According to the provisions of the regulatory act, punishment is applied if the car has suffered significant damage. However, the exact amount is not indicated. The damage can be considered significant not only because of the high cost of the car, but also because of its special value.

You can be held accountable for arson of a car from the age of 16. If there are aggravating circumstances, then punishment can be applied to a 14-year-old citizen.

Article 167 of the Criminal Code of the Russian Federation applies if the arson of a vehicle was committed intentionally. For an illegal action, a fine of 40,000 rubles may be imposed on a citizen. or income for 3 months. The regulatory legal act also provides for criminal liability. It occurs when damage occurs on a large scale. A person who has broken the law can:

be sent to compulsory work lasting up to 360 hours;
subject to correctional labor for up to 12 months;
oblige to perform forced labor for 24 months;
arrest for up to 3 months;
imprisoned for 2 years.

If the citizen did not plan to intentionally cause damage, the punishment is mitigated. It is applied in accordance with the provisions of Article 168 of the Criminal Code of the Russian Federation. Damage may be considered unintentional if someone else's property was damaged as a result of inept handling of fire or other sources of increased danger. The fine in this case will be 120,000 rubles. or the annual salary of the person responsible for the incident.

How to insure a car against arson?

If a car owner wants to insure his car against arson, he must purchase a CASCO policy. To do this, you need to contact the insurer that provides such a service. Some organizations include arson as a standard risk. In the event of a fire, the car owner will be able to freely receive compensation.

However, you need to understand that the possibility of providing payments depends on the nuances of the current situation. The insurer will provide compensation only if there is direct or indirect evidence of illegal actions of third parties.

The name of the risk is also important. If the documentation indicates that the car is protected from fire, in the event of arson the insurer may refuse to pay compensation. Wanting to save money, the company can refer to the fact that the car was set on fire intentionally, and the policy provides protection against fire caused by natural phenomena or force majeure. It is better to clarify this nuance before purchasing a policy.

Car theft and arson

Theft and subsequent arson of a car significantly increases the severity of the punishment. The liability to which the violator may be held is set forth in Article 166 of the Criminal Code of the Russian Federation. According to the provisions of the legal act, a person who takes possession of someone else's property can be imprisoned for up to 12 years. The exact duration of the punishment depends on the individual nuances of the current situation. When analyzing the case, the following circumstances are taken into account:

If a citizen takes possession of someone else's car without the purpose of stealing, he faces up to 3 years in prison. When a car is stolen by a group of people using violence, the duration of the punishment will increase to 12 years.

Fines may also apply. As with imprisonment, their amount depends on the circumstances of the incident. The maximum amount of recovery is 200,000 rubles. or wages or other income for 18 months.

Expertise

If a car is set on fire, an examination is ordered. Its purpose is to identify the circumstances of the crime. The specialist must determine:

whether the car was set on fire intentionally;
where the fire was located;
what caused the incident;
how the flames spread;
the amount of damage caused to the car.

Based on the results of the examination, a punishment is selected for the criminal.

If a crime has been committed, the initial examination is assigned free of charge. If a citizen is dissatisfied with the results of the manipulation, he may request that the manipulation be repeated. The law does not prohibit the performance of subsequent examinations. However, you will have to pay for it. The cost of the manipulation is 10,000-45,000 rubles. The fee for its implementation is paid by the participant in the process who initiated the re-examination.

Nuances when setting a car on fire

If a car is set on fire, punishment can be applied not only in accordance with Article 167 of the Criminal Code of the Russian Federation. When analyzing the situation, the judge will take into account all the features of what happened. The violator may be held accountable:

under Article 213, if the actions of the offender are regarded as hooliganism;
under Article 158, if a person has stolen a vehicle and, through arson, tried to hide traces of the crime;
under Article 30, if the citizen was unable to commit arson, but an attempt to commit an illegal act was recorded;
under Articles 111 or 112, if harm to human health was caused in the process of committing a crime.

Intentional arson of a car will also be recognized if a citizen committed an offense by order or for a certain fee. All the nuances of what happened will affect the severity of the punishment. Its exact size and variety are determined depending on the individual characteristics of the situation.

Punishment for setting a car on fire in Russia, fine, article of the Criminal Code and possible sentence in 2019

Car owners face a variety of dangers not only on the roads. Thefts, hijackings, all kinds of frame-ups, and mistakes by public utility workers lead to financial losses, damage or loss of the car. In large cities, outbreaks of insanity are recorded with alarming frequency, resulting in mass and isolated cases of arson of vehicles. Setting a car on fire is a dangerous crime. His motives may be different, but he will have to pay with both money and freedom.

Main causes of arson

The statistics of solved crimes of this kind clearly indicate six main reasons:

Exacerbations of nervous disorders in mentally inadequate people.
The fight for social justice. Homegrown Robin Hoods and Detochkins openly consider themselves guardians of the highest justice. A new expensive car can provoke them at any moment.
Revenge or envy. Cases of car arson for these reasons are quite common.
Yard showdowns. Lack of parking spaces, noise and simply unfriendliness of neighbors become the cause of crimes.
Business showdowns. Although the 90s are far behind us, they are little by little reminding us of ourselves.
Concealing traces of a crime.

Agree, all these motives do not stand up to criticism. It’s easy to set a car on fire, you can even try to avoid responsibility, but putting the lives of other people at risk is completely unacceptable. to content

Punishment for intentional and unintentional arson

Arson of a car is regarded by Article 167 of the Criminal Code of the Russian Federation as the intentional destruction or damage of someone else's property. The act is considered a crime because it is committed in a generally dangerous manner and the damage caused is usually determined by considerable amounts. Responsibility under this article begins at the age of 14:

Part one involves liability for planned harm and causing significant material damage.
Part two provides for liability in cases where arson is regarded as hooliganism.

Intentional arson involves causing damage to someone else's property. Damaging your own property is not a crime if the property is not insured. If the car is insured, the article for fraud applies.to contents

Amount of fine

Penalties for setting fire to a vehicle typically include damages. The fine under the above-mentioned article of the Criminal Code of the Russian Federation is determined in the amount of 40 thousand rubles. It is clear that this is often not enough, and therefore it is better to insure the car. This is the only way to protect yourself from serious financial losses.

If the court finds the arson unintentional, it will make a decision on damages. But the size of monthly payments, as a rule, in such cases will be negligible.

Can there be criminal liability?

Intentional damage to property is punishable by imprisonment for up to two years. If the action is found to have been committed in a dangerous manner, by explosion or deliberate arson, criminal liability for up to five years or forced labor is provided. True, intent still needs to be proven.

In general, responsibility directly depends on the consequences. If the fire leads to death, the article for premeditated murder will be applied.

Arson examination: when is it needed, how much does it cost?

It is clear that the punishment imposed on the criminal does not compensate for the cost of the car. Therefore, if a car is set on fire, the victim can file a civil lawsuit asking for compensation for the harm caused. Often, and quite rightly, huge moral damages are included in the claim. At this stage, it is important to correctly assess the damage. Without an examination it is impossible to do this and you will not be able to receive decent compensation.

Upon the fact of a fire, the first step is to conduct an inspection, based on the results of which a criminal case is initiated or not. If the arson was intentional, a case will be opened. At the investigation stage, an examination is appointed. Experts will determine the source, dynamics of the fire and the extent of damage.

The initial examination is free of charge. The secondary one is paid for by the interested party who initiated it. On average, it costs 25 thousand rubles and two days of time. When assessing material damage, the value of the vehicle is taken into account. Therefore, this examination will allow the case to obtain clear financial outlines. Well, the rest is the prerogative of a competent lawyer.

Liability for arson of a car under the Criminal Code of the Russian Federation

Liability for arson of a car is provided for in Art. 167 of the Criminal Code of the Russian Federation. More precisely, it may occur under this article, since this norm covers any intentional destruction or damage to someone else’s property that caused significant damage.

Since we are considering the arson of a car, such an action is qualified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation. Similar liability will apply if the crime is committed out of hooligan motives or results in the death of a person through negligence, as well as other grave consequences.

Mandatory conditions for liability for arson of a car

The corpus delicti under Art. 167 of the Criminal Code of the Russian Federation, both part one and part two, contains many evaluation criteria, which creates difficulties for correct qualification. A critically important condition is the severity of the damage caused. And not always and not every destroyed or damaged car can cause significant damage to the victim. The second often controversial point is the intentionality of the arson. Intent also needs to be proven, and often everything is based on the testimony of a guilty person who still needs to be found.

How is the damage assessed and its significance:

The damage caused by setting a car on fire is the (market) price of the destroyed car at the time of the arson or the cost of repairing (restoring) the damaged vehicle. Primary, at the time the victim submits a statement and (or) initiates a criminal case, the damage is often determined from the words of the applicant, sometimes - according to the conclusion of the appraiser. If the car was insured against the actions of third parties, including arson, the results of an assessment of the vehicle (its remains) carried out by the insurance company must be taken into account. However, in any case, during the investigation it is necessary to carry out a forensic auto technical (vehicle merchandising, auto appraisal) examination to assess the vehicle and the amount of damage. Only such research allows us to dot all the i's.
The significance of the damage is determined in accordance with Note 2 to Art. 158 of the Criminal Code of the Russian Federation. However, an evaluative approach is inherent here: the property status of the victim must be taken into account. The said Note establishes only the minimum threshold of significance - at least 5,000 rubles. Anything lower cannot in principle cause significant damage. And everything that is higher is at the discretion of the investigation and based on data on damage in comparison with the income and value of all the property of the victim.

Significance of damage

It is the determination of the significance of the damage that creates the greatest problems. It’s one thing when a credit car burns down, and it is also the main source of income for a family of low or medium income. Here, as a rule, everything is obvious. It’s a different matter when it comes to a car owned by a legal entity or a person with a high level of income or several cars in the garage. The investigation and the prosecutor's office sometimes play it safe and, if the situation is controversial, do not want to risk receiving an acquittal - the case is not initiated or is dropped.

Unfortunately, judicial practice in arson cases does not allow us to give a categorical answer as to what damage (in comparison with the property status of the victim) can be considered significant. It still remains quite controversial. A lot depends on the circumstances of a particular case, the approaches and positions of the investigation and the court, the initiative of the injured party and the defense. If there is a reason to challenge the significance of the damage in the case, a good lawyer will definitely “seize” on this opportunity. Moreover, the victim, as a rule, calls any arson of a car significant damage to himself. At the same time, I am ready to give a bunch of arguments in support of my position, even if there is a whole fleet of vehicles in the garage.

Given possible disputes, it is important:

assess the damage as accurately as possible;
for the purpose of assessing property damage, take not only the income and property of the victim, but also his debts and expenses;
take into account the lifestyle of the victim, his marital status, the importance of the car;
to separate situations when a car is the only necessary means of transportation, a source of income, purchased on credit, is not a cool sports car, with expensive tuning, or when a car is simply a luxury acquisition, one among others.

Arson intent

With intent, everything is, as a rule, somewhat simpler than with proving the amount of damage and its significance. The mere fact of arson already speaks volumes: you need to prepare for it, use flammable liquids or other substances, set it on fire with something (match, lighter, etc.).

Accidental (negligent) arson seems an unconvincing argument. The only thing that can create problems is the arson of another object, as a result of which the car also burned down. There are three possible options here:

Indirect intent. The guilty person foresaw the possibility of destruction (damage) to the victim’s car and, although he did not want it, was indifferent to such consequences or allowed them. Arson must be classified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation.
Carelessness, negligence – unintentional damage (destruction) of a car. In this case, the actions are qualified under Art. 168 of the Criminal Code of the Russian Federation. Significance of damage is not required. True, the cost of the car must be more than 250 thousand rubles, otherwise there will be no crime.
Qualification of arson of another object under Art. 167 part 2 of the Criminal Code of the Russian Federation, and the car - under Art. 168 of the Criminal Code of the Russian Federation. This happens if there is a combination of two crimes in the actions of the guilty person.

Liability for intentionally setting a car on fire

If a car is set on fire, the perpetrator faces criminal and civil liability (responsibility for damages).

Maximum punishment under Part 2 of Art. 167 of the Criminal Code of the Russian Federation – up to 5 years in prison. Its alternative is up to 5 years of forced labor.

First-time offenders are rarely given the maximum sentence. Usually the maximum period is discussed when a person died in a fire, other serious consequences occurred, or when the arsonist acted systematically and destroyed (damaged) several cars.

In most cases, for the first time and for the destruction (damage) of one car, a suspended sentence is given. If the person has a previous conviction (not necessarily for arson), they may give a real sentence of 2-3 years.

You can seriously make your life and punishment easier if you compensate for the damage at the investigation stage of the case or before the verdict. At least partially. Article 167 part 2 is a crime of medium gravity, therefore the criminal case can be terminated in connection with the reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation). In addition, in cases of this category, a court fine may be imposed instead of criminal punishment (Article 25.1 of the Code of Criminal Procedure of the Russian Federation).

As part of civil liability, the guilty person will be required to pay for all damage caused by the crime. A civil claim can be brought either as part of a criminal case or separately, usually after a conviction.

Punishment for setting a car on fire in Russia, fine, article of the Criminal Code and possible sentence in 2019

Main causes of arson

The statistics of solved crimes of this kind clearly indicate six main reasons:

Exacerbations of nervous disorders in mentally inadequate people.
The fight for social justice. Homegrown Robin Hoods and Detochkins openly consider themselves guardians of the highest justice. A new expensive car can provoke them at any moment.
Revenge or envy. Cases of car arson for these reasons are quite common.
Yard showdowns. Lack of parking spaces, noise and simply unfriendliness of neighbors become the cause of crimes.

Agree, all these motives do not stand up to criticism. It is easy to set fire to a car, you can even try to avoid responsibility, but putting the lives of other people at risk is completely unacceptable.

Punishment for intentional and unintentional arson

Responsibility under this article begins at the age of 14:

Part one involves liability for planned harm and causing significant material damage.
Part two provides for liability in cases where arson is regarded as hooliganism.

Intentional arson involves causing damage to someone else's property. Damaging your own property is not a crime if the property is not insured. If the car is insured, the article for fraud applies.

Amount of fine

If the court finds the arson unintentional, it will make a decision on damages. But the size of monthly payments, as a rule, in such cases will be negligible.

Can there be criminal liability?

In general, responsibility directly depends on the consequences. If the fire leads to death, the article for premeditated murder will be applied.

Arson examination: when is it needed, how much does it cost?

5 years for setting a car on fire: Video

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How the Criminal Code punishes arson of a car

If an attacker sets fire to the car of you or someone you know, you should know that he will be held accountable by law. In this material we will look at what articles are punishable for setting fire to a car and what types of penalties are provided for in individual cases.

Punishment for intentional arson

The grounds on which charges are brought against a person who deliberately set fire to a car are set out in Article 167 of the Criminal Code of the Russian Federation. It states that punishment follows if the car is destroyed or damaged with significant damage. The amount of damage does not have a clear interpretation and is assigned taking into account the specific circumstances of the crime. Damage can be considered significant not only because of the high cost of the car, but also because of its special value.

A car is considered destroyed if it is rendered completely unusable from the point of view of its intended purpose (cannot move), or when its economic value is lost.

Damaged - when the suitability is partially lost and further operation is impossible without repair.

Persons over 16 years of age can be held accountable for arson. If there are aggravating circumstances described in Part 2 of Article 167 of the Criminal Code of the Russian Federation (arson through explosions or other generally dangerous methods, as a result of which a person died or other serious consequences occurred), then teenagers over 14 years of age are also allowed to be involved.

Comments to Art. 167 describe individual cases that can be interpreted as crimes under other articles.

What other articles can they punish?

If the action was committed out of hooligan motives, arson of a car is classified under Article 213 of the Criminal Code of the Russian Federation. When a car is set on fire after theft (in this way the criminal hid the traces of the crime), charges are brought under Article 158 “Theft”.

The defendant may also be assigned a mercenary motive if the car was set on fire for a reward or on someone else's order.

When it was not possible to set the car on fire, but an attempted arson was recorded, they will be judged under Article 30 of the Criminal Code of the Russian Federation “Preparation for a crime and attempted crime.” An attempt occurs if the criminal deliberately acts or fails to act with the aim of setting fire, but the act was not completed due to circumstances that were beyond the control of the attacker.

If, as a result of arson, serious harm to human health is caused, the arsonist will be judged under Art. 111 or 112 of the Criminal Code of the Russian Federation, depending on the severity of the harm.

Punishment for unintentional arson

If the fire is regarded as an unintentional act, this case falls under Art. 168 of the Criminal Code of the Russian Federation. It determines the punishment for destroying or damaging someone else’s car if this was done due to careless handling of fire or other sources of increased danger.

other vehicles;
various mechanisms;
electrician;
explosives;
liquids with flammable properties;
weapon.

Only citizens over 16 years of age can apply under this article.

Amounts of fines

Under certain articles of the Criminal Code of the Russian Federation given above, fines are provided as punishment under certain circumstances:

Article 167 of the Criminal Code of the Russian Federation – fine up to 40,000 rubles. (sometimes - wages or other income for three months);
under article 168 - up to 120,000 rubles, as an alternative - salary for the year;
Article 158 – 80,000 rubles. or wages (other income) for a period of up to six months. In the case where a car was stolen and set on fire in order to hide traces by a group of people, the fine can be set at up to 200,000 rubles. or salary (other income) for 18 months.

Is criminal liability established?

Criminal liability arises if the arson of a car is associated with large-scale damage. The above articles, in addition to fines, provide for various types of criminal penalties.

Under Article 167 for arson it is possible:

assignment of compulsory work - up to 360 hours;
correctional - up to 1 year;
forced - up to 2 years;
arrest for up to 3 months;
rendering a verdict of imprisonment - up to 2 years.

Compulsory work implies that the convicted person performs actions useful for society in his free time from work (study). Correctional sentences are assigned at the place of employment or, if there is none, in special places. Forced labor is used as an alternative to imprisonment if the severity of the crime is small or medium.

In case of unintentional arson, the penalty is restriction/imprisonment for a period of 1 year or labor:

mandatory - up to 480 hours;
correctional - up to 24 months;
forced - up to 12 months.

According to Article 111, when harm is caused to a person’s health, imprisonment for a term of up to 8 years is only possible). Article 112 provides for arrest for up to six months, forced labor (maximum 3 years), restriction or imprisonment for up to 3 years.

Article 213 requires compulsory work (up to 480 hours), corrective work (maximum 2 years) or forced labor - up to 5 years.

How is an arson examination carried out?

If criminals set fire to a car, an examination is ordered to establish the status of the crime (intentional, unintentional).

With the help of an expert assessment, they find out what served as the source of the fire, what the dynamics of the flame movement were, and most importantly, the amount of damage caused.

Based on the last condition, the degree of punishment is determined.

As part of the initial examination, which is appointed during the investigation of a crime, the assessment of arson is carried out free of charge. There is a fee for requesting a secondary examination. It is paid for by the person who insisted on carrying out the procedure.

The price of such a study depends on the object of expert assessment and can vary from 10 to 45 thousand rubles.