Article 213 of the Criminal Code. Hooliganism. Criminal Code

Hooliganism is a gross violation of the rules of conduct in public places. It is expressed in clear contempt for citizens and is accompanied by the use of violent actions or the threat of their use. As one of the consequences of such misconduct is the spoilage or destruction of someone else's property. For such an act criminal provision 213 is envisaged. Let us consider it in more detail.

Part One: Punishment

The above definition reflects the general nature of the crime. Article 213 of the Criminal Code of Russia "Hooliganism" for the deed provides:

1. 120-180 hours of compulsory work.
2. 4-6 months. Arrest.
3. 6 months - 1 year of correctional labor.
4. Up to 2 years in prison.

Qualifying signs

Article 213 of the Criminal Code in part two indicates the likelihood of the commission of a crime:

1. A group of persons, including organized or by prior agreement.
2. In response to the actions of a representative of the authority or other person acting as a duty to maintain and protect the order or to prevent its violation.
3. Previously convicted person for the same crime.

In the presence of these qualifying signs, Article 213 of the Criminal Code ("Hooliganism") tightens the punishment and provides for:

1. 180-240 hours of compulsory work.
2. Up to 5 years in prison.
3. 1-2 years of correctional labor.

In the third part, Article 213 of the Criminal Code of the Russian Federation contains another qualifying feature. For the acts established by Part 1 and Part 2, committed with the use of weapons or objects used as such, the perpetrator is deprived of his liberty for 4-7 years.

Commentary by

Article 213 is applicable in cases where a subject uses weapons or objects acting as such. The encroachment on 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 mandatory element of the crime is a flagrant violation of law and order. The behavior of the person expresses obvious disrespect to the citizens.

Object of Crime

The perpetrator violates public order. It is a formed set of interactions between citizens, through which the inviolability of the person, the tranquility and integrity of the property, as well as the normal activities of public and state institutions are ensured. Article 213 does not establish criteria in accordance with which a public order should be formed. In this regard, when considering the act it does not matter whether the norms are established by the state or by moral principles.

Obvious disrespect

Article 213 provides this element in the composition. Explicit disrespect is expressed in willful violation of the rules of conduct established in society, and has a demonstrative nature. This can be manifested, for example, in humiliating treatment of people, outrages, prolonged encroachment, persistent, contrary to remarks, committing acts that pose a certain threat to citizens and property.

Violence

Article 213 does not consider it only as the infliction of beatings or bodily harm. Violent actions can be expressed in different ways. For example, it can be a collision in sewage, garbage and so on. However, regardless of the form of manifestation, violence consists in the physical impact on the victim.

Specificity of the act

Hooligan actions are committed in the presence of direct intent. In this connection, according to the norm in question, violent actions can not be characterized with the use of weapons in uninhabited places, in the circle of relatives against a background of personal dislike. At the same time, if these actions are committed in a public place and lead to the disruption of any activities, the disruption of the normal functioning of public transport, institutions, organizations, etc., then Article 213 applies to them. This norm also applies to actions initiated by insignificant Cause, disproportionate violence caused. For example, it may be a refusal to give way in public transport and so on.

Preliminary agreement

For the qualification of the offense under Part 2, there must be an advance agreement between the offenders. To use weapons collusion is not required. However, if a member of the group saw that it was being used, but did not stop its actions, then its behavior falls under part 2.

Rendering resistance

As representatives of the authorities within the framework of the article, police officers, members of people's squads, servicemen who are involved in the protection of law and order, and other persons performing similar functions are considered. The responsibility for resisting arises from physical counteraction to these persons during the suppression of hooligan actions. The prohibition of committing a violation of the rule of law in society can be expressed by direct application to the guilty force, an attempt to call the police, the protection of the victim and so on. Requests and comments from other citizens are not a cessation of hooliganism.

Use of weapons or objects used as a weapon

This is another important qualifying feature. Responsibility arises not only when the perpetrator uses pneumatic, firearms, gas or cold weapons. The article in question covers hooligan acts with household and household items, which the offender armed with during the commission of the crime, and then used them against the victim. At the same time for the qualification of the act, attempts are made to inflict damage using weapons or items that replace it. You can not bring to justice a person demonstrating these things, threatening to use them without a real attempt to use them. The use of uncharged or non-working weapons does not qualify as a crime.

Additionally

The actions, expressed in resistance to a representative of the authorities or to other persons in the event of a violation after the completion of hooliganism, are not considered under part 2. Such behavior is qualified independently, taking into account its nature and the severity of the consequences that it entailed. To bring to justice the subject must be 16 years old. The punishment under Part 2 of the article in question comes from the age of 14.