- My son in high school drew doodles on the shutters. He got caught by Akabane Police Station of the Metropolitan
Police Department on suspicion of damage to property… - I damaged a car of a resident in the condo where I live with a key. I got called by Ōzaki Police Station of the
Metropolitan Police Department in allegation of damage to property…
▼Punishment of Damage to Property
Imprisonment with work for not more than 3 years, a fine of not more than 300,000 yen or a petty fine (punishment to collect money not less than 1,000 yen not more than 10,000 yen).
▼Points in Case of Damage to Property
- Case of damage to property can be categorized into relatively petty one in criminal offenses.
The Penal Code prescribes the punishment for damage to property: imprisonment with work, a fine, and a petty fine.
Thus, once a public prosecutor prosecuted the suspect, and then the suspect was ruled guilty, he will be have criminal record.
However, it is possible to get a decision not to prosecute if you consult with lawyer and ask him/her to make defense such as apologizing to the victim, paying for damage, etc. - Crime of damage to property can be established when a person damages or injuries property by intent.
- Damage to property cannot be established when a person damage or injuries property through negligence or per incuriam.
- Crime of damage to property (Article 261 of the Penal Code) is complaints.
- Damage to property can be prosecuted only upon complaint. (Article 246 of the Penal Code)
▼What is Crime of Damage to Property?
Damage of property (Article 261 of the Penal Code) is a crime of “damaging or injuring” “property of another”.
A) “Property of Another”
It is necessary to damage or injury “property of another” for the crime of damage to property to establish.
“Property of another” includes everything that could be object of property right irrespective of the type or nature.
For instance, it includes a car, bicycle, cloth, pets such as dog and cat, potted plant (bonsai in Japanese).
However, “property of another” in terms of damage to property does not include “a document or electromagnetic record of another that concerns rights or duties” nor “a building or vessel of another”.
“A document or electromagnetic record of another that concerns rights or duties” and “a building or vessel of another” are prescribed separately from damage to property, and heavier punishments are set.
| Damaging of Documents for Government Use (Article 258 of the Penal Code) [Punishment] imprisonment with work for not less than 3 months but not more than 7 years Damage of Documents for Private Use (Article 259 of the Penal Code) [Punishment] imprisonment with work for not more than 5 years Damage to Buildings; Causing Death or Injury (Article 260 of the Penal Code) [Punishment] imprisonment with work for not more than 5 years *The statutory penalty of these offenses is only imprisonment with work, unlike that of damage to property. |
B) “Damage or Injury”
“Damage” means not only material damage but also that a person, in effect, cannot use a thing in its original usage.
For example, an act of physically destroying a cellphone of another meets the definition of “damage” because the act brings with material damage.
Besides, the precedent permits that passing urine into a dish for business use at a restaurant falls into “damage”.
This act can be “damage” in terms of damage to property because that the dish factually cannot be used in its original usage at the
restaurant.
“Injury” in terms of damage to property indicates injury against mainly animals like pets.
This does not limit to material killing, neither. Therefore, an act of letting fish broaden by another out of a cage can constitute the crime of damage to property.
~Defense in Case of Damage to Property & Causing Damage to Buildings~
If you are afraid of or worry about cases of damage to property and causing damage to buildings, please come to AICHI Criminal Cases Law Firm to consult with our lawyers as soon as possible.
- I got called from the police on suspicion of damage to property.
- My family got arrested and detained on allegation of damage to property.
At times like these, it’s a fight against time.
If you consult with lawyers about cases of damage to property or causing damage to buildings right away, lawyers can make fruitful defense.
For instance, in case that you may be arrested on suspicion of damage to property or causing damage to buildings, lawyer will explain that there is no need and reason to arrest to the police and court, and persuade them to accept the claim; which may avoid physical restraint.
Depending on the case, there is a possibility to get a decision not to prosecute. If a public prosecutor decides not to prosecute, the case is over without holding a trial, neither will the suspect have criminal record.
The suspect under custody will be released.
Lawyers of AICHI Criminal Case Law Firm will deal with cases of damage to property or causing damage to buildings expeditiously and accurately.
They will give appropriate advice based on the future view of the case and provide with the best defense for the early settlement of the case.
