of April 28, 2006 No. 4
About some questions of court practice on criminal cases about the careless destruction or damage of alien property made in total with other crimes
For the purpose of elimination of noted shortcomings and due to the need to make explanations on the questions which arose in court practice, plenum of the Supreme Court of the Kyrgyz Republic, being guided by Art. 15 of the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts",
This crime can be committed as actions, and owing to failure to act. Application of article about careless destruction or damage of property requires availability of causal relationship between actions (failure to act) of person and the come harmful consequences.
The responsible person who reached by the time of crime execution of 16 years can be involved in criminal liability for careless destruction or damage of property.
The crime under article 176 of the Criminal code is ended from the moment of approach specified in Article disposition posledstviyunichtozheniye, damage of property.
3. Destruction of property is understood as its reduction in complete worthlessness when it forever loses the economic economic value and cannot be used according to the destination.
Damage is understood as causing such harm of thing when economic value goes down so that the thing cannot be suitable without recovery or correction to use on the regular appointment.
12. On cases on careless destruction or damage of property the civil action about compensation of the caused damage can be made to the person accused or person who bears property responsibility for actions of the last (item 2 of Art. 1002 of group of companies). As the defendant can be involved physical person or legal entity - owners of vehicles (source of enhanced danger) on the property right, economic or operational management, and also on other bases (by proxy, to the lease agreement, hire, etc.) (item 1 of Art. 1007 of group of companies).
In case of trial of cases on careless destruction or damage of alien property courts should take measures to permission of civil actions.
Change of the extent of damage and the amount of claim, for example, in connection with inflation, lowering or value increase of recovery, correction of the destroyed or damaged property, shall not influence change of qualification of act on the basis of the large extent of the damage determined at the time of crime execution.
By consideration of the civil action and scoping and the amount of the indemnification caused by destruction or damage of alien property direct valid harm, and also the suffered losses, in particular loss of trade dress of the corrected property is considered.
13. Considering that destruction or damage of property causes damage to economy of the state, business entities and citizens, courts should find out the reasons and conditions promoting crime execution to react private determination about their elimination.
To judicial boards on criminal cases of regional courts, the Bishkek city court, Military court and Supreme Court of the Kyrgyz Republic by hearing of cases of this category to strengthen control of justification, legality and justice of the made decisions, to timely correct the made mistakes.
Chairman of the Supreme Court
Secretary of plenum,
Judge of the Supreme Court
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