Intentional Damage to a Vehicle
In general usage, damage refers to destruction, ruin, or harm. Under the Islamic Penal Code, damage to both public property and private property is criminalized. Accordingly, intentionally damaging another person’s property is subject to legal punishment, as explained below.
Penalty for Damaging a Vehicle
Under the Islamic Penal Code, the offense of damage may be described as follows: where a person intentionally destroys, renders unusable, or wholly or partially damages movable property such as an automobile or other vehicle, or immovable property belonging to another person, that individual commits an offense and may be sentenced to imprisonment.
Based on this definition, the intentional nature of the act is a key element of the offense.
A second essential element is that the damaged property must belong to someone other than the injured party. Therefore, if a person damages their own property or damages property believing in good faith that it belongs to them, they will not be regarded as criminally liable. In such circumstances, the person may be responsible only for compensating for the loss, and criminal liability will not apply—vehicles and other means of transportation fall within the scope of this legal rule.
Punishment for Intentional Damage to a Vehicle
The Islamic Penal Code provides a term of imprisonment ranging from three months to one year and six months for this offense. Upon the complainant’s request for damages and losses, the court may also order compensation.
It should also be noted that under the Law on the Reduction of Imprisonment Sentences for Ta’zir Offenses, if the amount of damage is up to 10 million tomans, the imprisonment sentence may be converted into a monetary fine equal to twice the amount of the damage.
Whether the Offense Is Waivable
Whether this offense is subject to private pardon depends on whether the damaged vehicle is private property or public property.
If the damaged vehicle belongs to a private individual, the offense is generally waivable, meaning that the criminal prosecution will stop if the complainant withdraws the complaint.
However, if the damaged vehicle is public property, the offense is generally non-waivable, and withdrawal by a private complainant may only result in a mitigated sentence rather than termination of the prosecution.
Competent Authority for Handling Intentional Vehicle Damage
The competent authority for initiating proceedings is the Public Prosecutor’s Office in the jurisdiction where the offense occurred. After a preliminary investigation, an indictment is issued, and the matter is referred to the criminal court.
Common Examples of Intentional Vehicle Damage
Acts such as puncturing tires, striking the vehicle, scratching the body, and breaking the vehicle’s windows may fall within the legal definition of intentional vehicle damage.
Frequently Asked Questions About Intentional Vehicle Damage
Intentional damage to a vehicle refers to deliberately harming, destroying, or impairing a vehicle or means of transportation belonging to another person. Under the Islamic Penal Code, this conduct is considered a criminal offense. It is subject to legal penalties.
The main elements include the intentional nature of the act and the fact that the vehicle belongs to another person. If a person damages their own vehicle or damages a vehicle believing in good faith that it belongs to them, criminal liability generally does not apply. However, civil liability for compensation may remain.
Under the Islamic Penal Code, the punishment is imprisonment from three months to one year and six months. If the complainant requests compensation, the court may also order payment of damages. Where the damage is up to 10 million tomans, imprisonment may be converted into a fine equal to twice the damage amount under the relevant law.
If the damaged vehicle is privately owned, the offense is generally waivable and prosecution may stop upon withdrawal by the complainant. If the vehicle is public property, the offense is generally non-waivable. Withdrawal may only reduce the penalty rather than end the case.
The Public Prosecutor’s Office initially handles the case in the jurisdiction where the offense occurred. After investigation and issuance of an indictment, the matter is referred to the criminal court.
Examples include puncturing tires, hitting the vehicle, scratching the surface, or breaking the vehicle’s windows, all of which may be treated as intentional damage under the law. What is intentional damage to a vehicle?
What are the required elements of the offense of vehicle damage?
What is the punishment for intentional damage to a vehicle?
Is intentional damage to a vehicle a waivable offense?
Which authority has jurisdiction over intentional vehicle damage?
What are examples of intentional vehicle damage?
