In the Vitebsk region, the fewest criminal cases related to property damage are initiated

The regional prosecutor's office, in connection with emerging issues of qualifying the actions of persons who causelessly damaged another's property, has analyzed the prevailing law enforcement practice in resolving applications and reports of this category.

It has been established that in the Vitebsk region, compared to other regions of the republic, the smallest number of criminal cases under Article 339 of the Criminal Code related to property damage are initiated.

For example, in the first quarter of the current year, in the Brest region, 23 criminal cases were initiated for damage to vehicles; in the Grodno region - 13; in the Mogilev region - 23; in the Gomel region - 30; in the Minsk region - 24; in the city of Minsk - 30; and in the Vitebsk region, only one criminal case.

At the same time, paragraph 6 of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus "On Judicial Practice in Criminal Cases of Hooliganism" also stipulates that the destruction or damage of another's property during hooligan actions may consist in rendering it completely or partially unusable or in the loss of the property's consumer qualities.

Causeless damage (slashing) of all tires of a vehicle simultaneously renders it unfit for further operation without repairs comparable to their cost, in connection with which such an act is a criminally punishable act, for which liability is provided for by Article 339 of the Criminal Code.

Damage to vehicle tires can have more serious consequences, as further operation of such repaired tires may also lead to their damage while the vehicle is in motion, creating emergency situations or road traffic accidents, which must be taken into account when qualifying the actions of the persons being checked and ensure the inevitability of their punishment for committing a crime.

For instance, one of the regional Internal Affairs bodies conducted a check on the fact of damage to 4 tires of an Audi A-6 vehicle in January of the current year. The vehicle was left unattended near the railway tracks in a populated area.

It has been established that the victim had no animosity or conflicts with other persons. The abandoned vehicle did not create obstacles for other road users, therefore the actions of the unidentified person were of a hooligan nature, for which liability is provided for by Article 339 of the Criminal Code.

Under the specified circumstances, the regional prosecutor's office has instructed the inquiry body to qualify the actions of the unidentified person under Article 339 of the Criminal Code.

In further law enforcement activities, internal affairs bodies must pay special attention to the timely identification of persons committing such acts, ascertain the motive for their actions, qualify them correctly, if necessary, under the relevant articles of the Criminal Code, which will have a certain preventive effect.

Deputy Head of the Regional Prosecutor's Office Department Yuri Ambros.