According to statistics, the most common crime among all those specified in the law is hooliganism. The Criminal Code of the Russian Federation has devoted one of its articles to this illegal act. People who violate this rule are usually young. The sad fact is that hooliganism often becomes the starting point for more serious crimes. What is the composition of this illegal act?
Details are below.
An object
This basic feature is intended to describe those social relations that are harmed in the process of crime. First of all, public order and public morality suffer from hooliganism. Art. 213 of the Criminal Code "Hooliganism" is located in the chapter along with other crimes that violate the security of mankind. Additional objects of this unlawful act include the health of specific people and property.
Objective side
The action by which hooliganism is expressed is described by the Criminal Code of the Russian Federation as a gross violation of the established order in society. It always expresses open disrespect for all individuals.
But these signs are not enough to qualify an illegal act as hooliganism. In the special paragraphs of the article, the Criminal Code of the Russian Federation indicated alternative, but mandatory attributes. So, such an act must be committed with the use of a special weapon, namely weapons or other items like him. Or it is necessary that the perpetrator has a special motive. It can be understood as hatred or hostility towards a certain group of people (social, ethnic, racial, and so on). Thus, the hooliganism of the Criminal Code of the Russian Federation is not defined in the sense that people usually put into this word. In legal terms, it is significant negative.
Subjective side
The article of the Criminal Code of the Russian Federation “Hooliganism” quite clearly describes the guilt of the criminal. It is unlikely that a violation of the order accepted in society can be committed with indirect intent or in general by negligence. The guilty person always realizes that he violates the law by his actions. However, he wants to act in this way. Therefore, in such cases only direct intent takes place. The second obligatory sign is the motive. It is understood not as the incitement to hooliganism, which was mentioned above.
The previously described motive is not mandatory if the crime was committed using weapons. However, regardless of the form of this unlawful act, a
hooligan motivation is mandatory
. It takes place when the offender clearly contrasts himself with other people and society as a whole and wants to demonstrate his disregard for the generally accepted rules of behavior.
Subject
In order to bring a certain person to justice for this crime, it is necessary that he possesses two mandatory characteristics. The first, of course, is age. A person is subject to criminal punishment only for those acts provided for in the Criminal Code, which he committed after the onset of 16 years. The second sign is the criminal sanity.