212 Article of the Criminal Code: signs, punishment

At one time, riots took on a threatening scale in the country. In this regard, the responsibility for such events was toughened. Punishment is provided in art. 212 of the Criminal Code.

Corpus delicti

General characteristics are given in part one. Responsibility is established for mass riots, accompanied by:

1. Pogroms.
2. Violence.
3. Destruction of property.
4. Arson.
5. The use of poisonous, explosive and other means and objects creating a danger for others.
6. Providing resistance with the use of weapons to government officials.

Article 212 of the Criminal Code of the Russian Federation provides for sanctions in the event that a person is prepared to organize or participate in such acts. Guilty faces from 8 to 15 years in prison.

Qualifying compounds

In Art. 212, part 2 of the Criminal Code establishes responsibility for participating in the first events listed in part one. Guilty faces 3-8 years in prison. Subjects calling for violence over the civilian population and the riots listed in part one, as well as to participate in them, is made:

1. Restriction of freedom.
2. Imprisonment.
3. Corrective labor.

The duration of any of the punishments is up to 2 years.

A special case

Article 212 of the Criminal Code of the Russian Federation also provides for the punishment for the passage of training by a person who knowingly knew that preparations are being made for organizing the activities specified in part one or participating in such acts. Speech, in particular, is about gaining knowledge, practical skills and abilities in the process:

1. Psychological and physical training.
2. Studies of the rules of the use of weapons, explosive devices and other means and objects that threaten others, ways of organizing unrest.

For such acts, a sentence of imprisonment for 5-10 years has been established. In addition, the guilty can be imputed a pecuniary punishment up to 500 thousand rubles. Or in the amount equal to the income / salary for 3 years.

Note

Article 212 of the Criminal Code of the Russian Federation allows for exemption from responsibility of persons for the acts provided for in Part 4, if they informed the authorities about the conduct / passing of training. Punishment may not apply to the subjects that assisted law enforcement agencies in the disclosure of violations of the law, the identification of other persons who have received special training, as well as the subjects who organized and funded it. Exemption from liability is also provided if assistance is provided by these persons in establishing training venues. This note is applied in the event of the absence of other signs of a criminal act in the conduct of a person.

Norm No. 212 of the Criminal Code: comment

The objective feature, established in the first part, is the organization of illegal activities. In particular, it means planning and preparation, as well as crowd management. The objective part of the act in part two is participation - the direct commission of the actions established in part one. A mere presence in a crowd that arranges unrest without their implementation can not be considered a criminal act. If in the course of the acts there was violence, including murder, causing intentional physical harm with aggravating circumstances, the behavior of the perpetrators is considered in conjunction with the relevant norms.

Delimitation of acts

212 clause of the Criminal Code of the Russian Federation as another qualifying feature establishes the call for the commission of illegal actions. Among them, among those established in part one, are the urge to use violence against citizens. Such actions need to be delimited from the organization. Appeals should be considered the distribution of leaflets, inflammatory and provocative cries, other forms of influence on the crowd. However, such actions do not discern the general nature of the leadership of people's behavior. They do not act as a signal about 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 (the crowd). In such cases, there is often a blocking of transport, the destruction of private, public and state property. There can also be attacks and other actions that pose a real threat to citizens. The perpetrators often provide armed resistance to law enforcement agencies. As a result, the activities of governance structures and authorities may be suspended.

Additionally

Disorders can be accompanied by pogroms, violence, use of weapons, explosive, explosive devices. Often, during such events arson is set. As a result of these actions, fires occur in vehicles, administrative and residential buildings. Violence in disorders can be both mental and physical. Pogroms are the destruction or destruction of property, transport, facilities, communications. Often they are accompanied by bullying, violence against people, murders, robbery and so on.

The subjective part

Mass riots can be committed only in the presence of direct intent. This means that both the organizers themselves, and the participants themselves, those who call for disobeying the demands of the authorities, violence, clearly realize the danger of their behavior, its consequences and desire their offensive. Any responsible guilty individual who is 16 years of age or older can be brought to responsibility.