Hooliganism is a gross violation of the rules of conduct in public places. It is expressed in a clear disrespect for citizens and is accompanied by the use of violent acts or the threat of their use. One of the consequences of such unlawful behavior is the damage or destruction of another's property. Criminal article 213 is provided for such an act. Let us consider it in more detail.
Part One: Punishment
The above definition reflects the general corpus delicti. Article 213 of the Criminal Code of the Russian Federation "Hooliganism" for the deed provides:
- 120-180 hours of compulsory work.
- 4-6 months arrest.
- 6 months - 1 year of correctional labor.
- Up to 2 years in prison.
Qualifying signs
Article 213 of the Criminal Code in part two indicates the likelihood of a crime:
- A group of persons, including those organized or by prior agreement.
- In response to the actions of a representative of the government or another person who is responsible for maintaining and protecting the order or preventing its violation.
- Previously convicted person for the same crime.
In the presence of these qualifying features, Article 213 of the Criminal Code of the Russian Federation (“Hooliganism”) toughens the punishment and provides:
- 180-240 hours of compulsory work.
- Up to 5 years in prison.
- 1-2 years of corrective labor.
In the third part, Article 213 of the Criminal Code of the Russian Federation contains another qualifying attribute. For the acts established by Part 1 and Part 2 committed with the use of weapons or objects used as such, the guilty person is deprived of liberty for 4-7 years.
UK commentary
Article 213 is applicable in cases where the subject uses weapons or objects acting as such. Infringement with harm to health or beatings without their use is considered a crime against the person. At the same time, hooligan motives are a qualifying sign. A compulsory element of the crime is a gross violation of law and order. The behavior of a person expresses a clear disrespect for citizens.
Object of crime
The guilty person violates public order. It is a formed complex of interactions between citizens, through which personal integrity, peace and integrity of property, as well as normal activities of public and state institutions are ensured. Article 213 does not establish the criteria by which public order should be established. In this regard, when considering the act it does not matter, the norms are established by the state or moral principles.
Sheer disrespect
Article 213 provides for this element in the composition. Explicit disrespect is expressed in the deliberate violation of the rules of conduct established in society, and has a demonstrative character. This can be manifested, for example, in humiliating treatment of people, outrage, prolonged assault, stubborn, contrary to comments, committing acts that pose a certain threat to citizens and property.
Violence
Article 213 does not consider it only as the infliction of battery or bodily harm. Violent actions can be expressed in different ways. For example, it can be pushing into sewage, garbage and so on. However, regardless of the form of manifestation, the violence consists in the physical impact on the victim.
The specifics of the act
Hooligan actions are committed with direct intent. In this regard, according to the considered norm, violent acts using weapons in uninhabited places, in a circle of relatives against a background of personal hostility, cannot be qualified. At the same time, if the specified actions are performed in a public place and lead to the disruption of any events, the disruption of the normal functioning of public transport, institutions, organizations, etc., then Article 213 applies to them. This rule also applies to actions provoked by insignificant a disproportionate cause of violence. For example, this may be a refusal to give way in public transport and so on.
Preliminary conspiracy
For qualification of the offense under Part 2, an advance agreement between violators is required. Collusion is not required to use weapons . However, if a member of the group saw that it was being applied, but did not stop his actions, then his behavior fell under part 2.
Resistance
As representatives of the authorities, the article considers police officers, members of popular squads, military personnel who are involved in law enforcement, and other persons performing similar functions. Responsibility for resistance arises in the event of physical opposition to these individuals during the suppression of acts of a hooligan nature. Prevention of a violation of law and order in society can be expressed by the direct use of force against the perpetrator, an attempt to call the police, protection of the victim, and so on. Requests and comments from other citizens are not a suppression of hooligan actions.
Use of weapons or items used as him
This is another important qualifying attribute. Responsibility arises not only when the perpetrator uses pneumatic, firearms, gas or cold weapons. The article under review covers hooligan acts with household and household items that the offender armed himself with during the commission of the crime, and then used them against the victim. At the same time, an attempt to inflict damage with the use of weapons or objects replacing it is sufficient to qualify an act. It is impossible to bring to justice a person who demonstrates these things, who threatens to use them without a real attempt to use them. The use of unloaded or non-working weapons is not qualified as a crime.
Additionally
Under part 2, actions that are expressed in resistance to a representative of the government or other persons in the suppression of violation after completion of hooliganism are not considered. Such behavior is qualified independently, taking into account its nature and the severity of the consequences that it entailed. To be held accountable, the entity must be 16 years old. Punishment under part 2 of the article under consideration comes from the age of 14.