Have you damaged someone’s property, either accidentally or deliberately, and now you are wondering what compensation you are entitled to? Or do you need to recover the damage? We will explain the differences between damaging someone else’s property as a misdemeanour and a criminal offence, the claims for compensation and the procedure for successfully obtaining compensation.
Damage to someone else’s property can occur subtly, just by careless handling, a crash in a car park, a colleague’s broken mobile phone or a ruined facade during renovation. In law, however, it can be a misdemeanor, a civil liability for damages, but sometimes it can also be a criminal offense of damaging someone else’s property.
Damage to another person’s property is when someone interferes with another person’s property in such a way as to reduce its value, its useful function, or to destroy the item altogether. This could be a car, a mobile phone, a bicycle, a building component or even an animal (which has a special legal status but is also subject to claims for damages).
The basic rule of the Civil Code is simple: whoever breaches a legal obligation and thereby causes damage to another must compensate for it. As a rule, liability arises both in case of intent and negligence – if the conditions for liability are met (in particular, breach of duty, damage and causation). However, the difference is whether it is only a private law obligation to compensate for damage or whether it is also damage to another’s property as an offence or a criminal offence.
Our client, Mr Roman, left his car parked outside his house. In the morning he found a broken headlight and a scratch across the door. But the perpetrator fled, leaving no contact. The police initially postponed the case because the damage seemed small. However, the client contacted us and we helped him reopen the case as a suspected misdemeanor criminal damage to property, pinpointed the culprit through CCTV footage, and then pursued a claim for damages for the property damage against the insurance company and the culprit directly. Dozens of such situations arise every year and each requires a different legal procedure.
If there is intentional damage to someone else’s property, but it is not a criminal offence (typically because the damage has not reached the threshold of criminal liability), it may be a misdemeanour against property. The offence is then dealt with by the administrative authority.
Examples for misdemeanour:
It is importantfor the victim to report the offence as soon as possible, to secure and prove the amount of the damage – for example, by means of photographs, invoices or an expert’s report – and to be prepared to claim compensation in the proceedings.
It is essentialfor the person who caused the damage to cooperate and make good the damage as quickly as possible. If he or she is in doubt as to whether the amount of the damage has been correctly assessed, he or she can defend against it and demand accurate proof.
In our client’s case, the authority initially argued that it could not prove fault. Following our input, we secured CCTV footage from the surrounding area, developed a legal argument as to why the offence could be investigated and helped our client to claim damages. As a result, the client was awarded compensation of £18,500, including the cost of a replacement car.
We can help you recover compensation for damage to someone else’s property – quickly, efficiently and without unnecessary stress. Our lawyers will evaluate your case, help you determine the correct legal course of action, prepare notices, notices and damage calculations, pursue your claim in misdemeanor or criminal proceedings, and represent you in negotiations with the insurance company or at-fault party.
The offence of damaging someone else’s property under Section 228 of the Criminal Code is typically committed when the perpetrator acts intentionally and causes damage of at least CZK 10,000 (not negligible damage). A special exception is spray/graffiti damage, which is also punishable as a separate offence. Those who commit this offence are liable to up to 1 year’s imprisonment, a ban on activity, a fine and an obligation to compensate for the damage in criminal proceedings. Anyone who damages another person’s property by spraying, painting or marking it with paint or any other substance will be punished in the same way.
In the case of intentional damage (e.g. breaking a neighbour’s windows, scratching a car with a key, intentional destruction of a partner’s property), criminal liability is judged more strictly. If the damage is of a large scale (over CZK 1 million), it is a qualified offence with a higher criminal rate.
If the perpetrator damages someone else’s property in more serious situations, he or she may receive 6 months to 3 years in prison. This applies when he or she damages the property of a witness, expert or interpreter because he or she is performing his or her duties, damages someone’s property because of his or her real or perceived race, nationality, religion, political opinion or because he or she is without religion, damages a property that is protected by a special law (e.g. a cultural monument) or when he or she causes substantial damage.
If the offender causes damage on a large scale, he or she faces a more severe penalty – 2 to 6 years in prison.
In criminal proceedings, the victim can claim damages directly from the court in what is known as an adhesion procedure. In order for the court to recognise the claim, it is necessary to quantify the damage accurately, usually by means of a corrective calculation, an expert’s report or receipts, and to formulate the claim correctly in law. It is important to keep an eye on deadlines and the procedure, because if the claim is filed late or inaccurately, the court may not accept it and the victim would then have to recover the damages again in civil proceedings.This is what we try to prevent with our clients. The claim needs to be made at the main hearing at the latest before evidence is taken, otherwise the court will usually refer you to the civil proceedings.
Tip: Have you been a victim of a crime and suffered damages? Are you thinking about claiming it in criminal proceedings? Read our article and find out what the adhesion procedure entails.
The key is to determine the extent of the damage. There are two main items:
In addition to the loss itself, the injured party may also seek reimbursement for the costs of dealing with the loss, legal costs and the cost of a replacement item (car, equipment).
In practice, the biggest problem is proving the amount of damage and dealing with insurance companies, which often increase depreciation or refuse technical procedures. This is where people turn to us most often, because legal representation in this case really pays off.
In another case of negligent damage to property, our client’s insurance company only awarded her CZK 12,000 in damages to her car. After legal input and securing an expert opinion, we proved the actual value of the repairs and the insurance company eventually paid out CZK 17,000 + representation costs. The client avoided litigation and received full compensation.
When damage to someone else’s property occurs, it is advisable as a victim to take photographs or video of the scene as soon as possible and to make sure that witnesses are contacted. You should quantify the damage without delay and, depending on the situation, report the offence or crime. Consulting a lawyer will also be very helpful, as a properly filed and substantiated claim greatly increases the chances of successful compensation.
If, on the other hand, you caused the damage, it is important not to leave the scene and to communicate openly. You should contact your insurance company to find out if they cover the damage. If the extent of the damage is clear, it is advisable to offer compensation. In cases where the act may be considered criminal, it is advisable to seek legal advice as soon as possible.
TIp: Construction work around your property can have unpleasant consequences – ruined crops, compacted soil, rutted roads or damaged fences. But who is liable for damage caused by construction activity and how can you get fair compensation? Find out in our article.
Although many cases of damage to property look trivial at first glance, the legal reality is often more complex. An attorney is especially recommended when:
These are all situations in which legal aid significantly increases the chances of success. In practice, we help clients not only with the preparation of documents, but also with dealing with authorities, police, insurance companies and courts.
Depending on the circumstances, damage to someone else’s property can be a mere civil obligation to compensate for damage, a misdemeanour or even a criminal offence, with the amount of damage and the intent of the perpetrator being the main determining factors. Damage must always be accurately quantified and documented, both in misdemeanour proceedings and in criminal proceedings in the context of an adhesion claim. Misdemeanours are typically dealt with for damages up to CZK 10,000, while higher damages or intentional acts can lead to criminal liability with a rate of up to one year in prison, or more for more serious forms. The victim should secure evidence, report the incident and consider legal advice as soon as possible, as making a proper claim greatly increases the chances of success. The person who caused the damage should communicate, identify insurance options and offer compensation quickly if necessary. In practice, disputes often revolve around proving the amount of the loss and dealing with insurance companies who tend to cut benefits – legal representation helps significantly here, as shown by the example of our clients for whom we have secured full compensation. In cases where criminal proceedings are imminent, the damages are higher or the evidence is complex, the intervention of a lawyer is crucial.
No. It is only an offence if the damage does not exceed CZK 10,000 and there is no intent. Greater damage or intent may constitute a criminal offence.
Most often by means of invoices, quotations, photo documentation or expert opinions. We will help you determine what is needed in your case.
Yes – sometimes the damage can be covered by insurance, sometimes the culprit can be traced. In a number of cases we have helped clients to obtain compensation even though the police initially postponed the case.
This is a common problem. After legal intervention, there is often a surcharge because the insurance company has to respect the actual amount of damage and case law.
Get compensation for harm or damage – quickly and without stress. We will assess your chances, propose a strategy and prepare a challenge. All within 48 hours of placing your order. If necessary, we will then file a lawsuit and arrange legal representation. We will stand up for you fully.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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