At one time, riots have become rampant in the country. In this regard, responsibility for such events has been tightened. Punishment is provided for in Art. 212 of the Criminal Code.
Corpus delicti
Common symptoms are given in part one. Responsibility established for the riots, accompanied by:
- Pogroms.
- By violence.
- Destruction of property.
- Arson.
- The use of poisonous, explosive and other means and objects that pose a danger to others.
- By resisting using weapons to government officials.
Article 212 of the Criminal Code provides for sanctions in the case of preparation of an entity for organization or participation in such acts. Guilty faces from 8 to 15 years in prison.
Qualifying Compositions
In Art. 212 part 2 of the Criminal Code of the Russian Federation establishes liability for participation in the events cited in the first part. Guilty faces 3-8 years in prison. Subjects calling for violence against the civilian population and the riots specified in part one, as well as for participation in them, are charged with:
- Restriction of freedom.
- Imprisonment.
- Correctional work.
The duration of any of the sentences is up to 2 years.
A special case
Article 212 of the Criminal Code of the Russian Federation also provides for punishment for undergoing training by a person who obviously knew that preparations are being made for organizing the events indicated in part one, or for participating in such acts. This, in particular, is about obtaining knowledge, practical skills in the process:
- Psychological and physical fitness.
- Studying the rules for using weapons, explosive devices and other means and objects that pose a threat to others, methods of organizing unrest.
For such acts punishment in the form of imprisonment for 5-10 years is established. In addition, a pecuniary penalty of up to 500 thousand rubles may be charged. or in an amount equal to income / salary for 3 years.
Note
Article 212 of the Criminal Code of the Russian Federation allows for exemption from liability of persons for the acts provided for in part 4 if they informed the authorities about the conduct / training. The punishment may not apply to entities that assisted law enforcement agencies in detecting violations of the law, identifying other persons who have undergone special training, as well as entities that organized and financed it. Exemption from liability is also provided in case of assistance by these persons in the establishment of training venues. This note applies if there are no other signs of a criminal act in the person’s behavior.
Norm No. 212 of the Criminal Code: comment
The objective sign established in the first part is the organization of illegal activities. In particular, this refers to planning and preparation, as well as crowd management. The objective part of the act in part two is participation - the direct commission of actions established in part one. A mere presence in a crowd organizing a riot without them cannot be considered a criminal act. If in the process of taking place there was violence, including murder, causing intentional physical harm with aggravating circumstances, then the behavior of the perpetrators is considered in conjunction with the relevant standards.
Delineation of Acts
212 article of the Criminal Code of the Russian Federation as another qualifying attribute establishes a call for illegal actions. These, including those established in part one, include the incitement to use violence against citizens. Such actions must be delimited from the organization. Calls should include distribution of leaflets, inflammatory and provocative shouts, other forms of influence on the crowd. At the same time, such actions do not discern the general nature of the management of human behavior. They do not act as a signal of the immediate onset of unrest.
Public danger
Mass riots are regarded as a violation of security and order. They are committed by a large number of people (crowd). In such cases, there is often a blockage of transport, the destruction of private, public and state property. Attacks and other acts that pose a real threat to citizens may also be committed. Perpetrators often show armed resistance to law enforcement. As a result, the activity of governance structures and authorities may be suspended.
Additionally
The riots can be accompanied by pogroms, violence, the use of weapons, explosive devices. Often during such events arson is arranged. As a result of these actions, fires occur in vehicles, administrative and residential buildings. Riot violence can be both mental and physical. Pogroms are the destruction or destruction of property, vehicles, structures, communications. Often they are accompanied by bullying, violence against people, murders, robbery and so on.
Subjective part
The riot can only be in the presence of direct intent. This means that both the organizers and the participants themselves, people who call for disobedience to the requirements of the authorities, violence, clearly realize the danger of their behavior, its consequences and wish them to come. Any sane, guilty individual who is 16 years old or older may be held liable.