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Vandalism

Verified 26 April 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Vandalism is the set of acts that constitute a willful attack on private or public property and are committed without legitimate cause. Such acts are punishable by law according to their circumstances, the nature of the property under attack and the extent of the damage caused. These may be, for example, broken windows, tags... In all cases, the victim may seek compensation for the damage suffered.

The act of vandalism consists in willfully destroying, degrading or damaging the property of others.

Examples of acts of vandalism:

  • Tags, graffiti and other unauthorized inscriptions on a wall, in the metro, on a bus...
  • Damage to a radar or traffic sign
  • Any other damage to a vehicle (fire, broken windows...)
  • Destruction of bus shelters
  • Deterioration of public buildings
  • Breaking of windows or shop windows without theft
  • Damage caused by the unauthorized occupation of communal land or private property by people gathered for an illegal party, a music festival....

Please note

urinating in an elevator is an act of vandalism.

The act of vandalism must be committed without legitimate cause. For example, it is permissible to break a window to save a person in danger.

One can be convicted for destroying one's own property and the property of others. This is the case, for example, if a person destroys the common car in a couple separation dispute.

Tags, graffiti

If this results in only slight damage, the maximum penalty for making a tag or graffiti is a fine of €3750 and one work of general interest. The latter penalty may consist in repairing damage to public equipment.

Minor damage is damage that requires little repair, with superficial damage. For example, if the paint is erasable.

In case of serious damage, a tag or graffiti is punishable by up to 2 years imprisonment and €30,000 of fine.

Significant damage is that which causes heavier or even permanent damage. For example, if an indelible painting is propelled onto an expensive art object.

The penalties are increased if the tag or graffiti is committed with the following circumstances:

  • Against property belonging to a police officer, a gendarme or a magistrate (or his spouse, cohabiting partner, Civil partnerships: titleContent, to a descendant or ascendant) in order to intimidate him
  • In a dwelling place or a link for the storage of funds or goods by breaking into the premises
  • To several
  • By a person willfully concealing his face

In such cases, the penalty shall be €15,000 of fine and one work of general interest, which may consist in repairing damage to public equipment.

Other act of vandalism

If this results in only slight damage, the maximum penalty for an act of vandalism is €1,500 of fine and a general interest work (TIG). The latter penalty may consist in repairing damage to public equipment.

Minor damage is damage that requires little repair, with superficial damage. For example, a broken mirror or a single broken window tile.

In case of serious damage, any act of vandalism is punishable by up to 2 years in prison and €30,000 of fine.

Significant damage is damage causing heavier or permanent damage. For example, destroy an entrance door.

Penalties are increased if the degradation is used to intimidate a witness or a victim of an offense.

They are also affected if the degradation occurs in the following cases:

  • Against property belonging to a police officer, a gendarme or a magistrate (or his or her spouse, cohabiting partner, Civil partnership partner, descendant or ascendant) in order to intimidate him
  • In a dwelling place or a link for the storage of funds or goods by breaking into the premises
  • To several
  • By a person willfully concealing his face

It may also be the case of degradation aimed at a public good (bus shelters, public bench...).

In such cases, the penalty for an act of vandalism that caused extensive damage is 5 years in prison and €75,000 of fine.

In case of cumulative aggravating circumstances (e.g. destruction of a cultural object in a museum), it is punishable by 7 years' imprisonment and €100,000 of fine.

The victim of an act of vandalism may complain and seek redress for his damage.

On the spot

You must go to a police station or the gendarmerie of your choice.

Who shall I contact

The police or gendarmerie services are obliged to register the complaint.

The complaint is then forwarded to the public prosecutor for a decision on further action (investigation, closure without further action...).

If you don't know the perpetrator, you can fill out an online pre-complaint before traveling.

You will then get an appointment and the police or gendarmes will already have the elements of your complaint upon your arrival.

Online Pre-Complaint

By mail

You can file a complaint with the public prosecutor.

We need to send a free-form letter the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

The letter should specify the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Names and addresses of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Evidence: medical certificates, work stoppages, miscellaneous invoices, findings ...
  • Willingness to take civil action

File a complaint with the public prosecutor

Who shall I contact

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

It is possible to use online pre-complaint.

The victim may also obtain compensation for his or her loss during the criminal trial.

Material damage is equivalent to the value of the property destroyed or the repair made to restore it. It is therefore necessary to keep the invoices, the expert reports.

If the objects destroyed were of emotional value, the non-material damage suffered may be compensated.

It is also possible to request a compensation to the Commission for the Compensation of Victims of Crime (Civi).

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