Article 213 of the Criminal Code of the Russian Federation with comments. Part 1, part 2 of Art. 213 of the Criminal Code

The Criminal Code contains articles that provide not only penalties for murder or other serious crimes, but also for other acts. As an example, we can cite the provision of 213 of the Criminal Code of the Russian Federation - hooliganism.

The administrative code already has a definition of petty hooliganism. This is a violation of order among the public, which is expressed in foul language or in the fact that the guilty person sticks to the citizens, including damaging someone else's property. In these cases, the Code of Administrative Offenses provides for a fine or arrest of up to 15 days.

The Criminal Code describes, in fact, the same hooliganism, only in terms of greater danger to society. It's no secret that the more pronounced the negative side of the crime, the more it is negative for others.

If to compare with other acts, it is possible to note the illegal turnover of intoxicating or psychotropic drugs. Depending on the size and manner of such turnover, administrative or criminal punishment is imposed upon detection of an offense or criminal act .

So in the case of hooliganism. To understand what is the difference, you can consider the description of the act in Article 213 of the Criminal Code of the Russian Federation, a comment to it and types of punishments.

An object

The public order that is the object of the crime , which must first of all be taken into account when considering a crime of this category, implies a certain established custom of the behavior of all people in society. In addition, the qualification of the deed has an open and meaningful meaning, that is, an obvious disrespect to others, which can be expressed in acts of varying severity.

Hooliganism can be considered as such, as noted in Article 213 of the Criminal Code of the Russian Federation with comments, if committed against random passers-by, that is unfamiliar or unfamiliar people in public places. As a rule, the actions of the guilty person are connected with the allegedly unworthy behavior of the victim or victims. However, the actions of the offender in this case are clearly disproportionate with the possible insult or obscene behavior of the victim.

Weapon Use

Article 213 (Part 1) of the Criminal Code of the Russian Federation specifies the points that explain in detail what actions can be considered a criminal offense.

Point A states that hooliganism should be punished if the perpetrator uses a weapon or an object similar to him. This does not mean that a person should use it when committing this act, since otherwise it will be another crime.

The use of weapons here is supposed to be an intimidating tool, if in reality such a threat, that the criminal will still use them, exists. For example, if an unknown person on the street scares those around him with a gun, swinging them to the left and to the right, insults people and commits other similar actions, this is hooliganism falling under point A of part 1 of Art. 213 of the Criminal Code.

Crime from hatred

Point B of the part under consideration presupposes, perhaps, similar actions, but the motive foresees a completely different one. So, if, in carrying out the above act, the offender could not have any motives at all, but wanted simply to scare people or become angry with someone, here the same actions must be of a different nature in order to be qualified specifically for this section: political, racial , Ideological or religious hatred of another person or people.

At the same time, it should be said that if a weapon or an object similar to it is used, but there is hatred or enmity for the above reasons, then the crime is qualified for this item (or several). 213 of the Criminal Code.

What is threatening in part 1

The sanctions of the criminal article on the first part are:

• Fine payments up to 500 thousand rubles;
• Compulsory, corrective, forced labor punishments, respectively, up to 480 hours, up to 2 years or up to 5 years;
• The real term in a regime institution is up to 5 years.

A qualified act

As regards part two of Article 213 of the Criminal Code of the Russian Federation, hooligan behavior of a whole group of people may be classified by prior agreement, including, if this is expressed in relation to representatives of structures having power, or another person who tries to prevent a negative change in public order. Here it is necessary to note a person who is trying to stop hooligans. According to the comments, they can be any citizen who suppresses the actions of a group of criminals, even if it is not a police officer or an employee of another state structure related to law enforcement agencies.

Special notes

For example, if some law-abiding citizen tries to stop the guilty persons by a shout or actions, he calls the police, but criminals do not allow him to complete what he started, this may not be considered a hooliganism. An attempt to suppress the actions of perpetrators implies active intervention in criminal behavior, in which there is resistance. At the same time, if disobedience of hooligans manifests itself after they have ceased their actions, this can not be included in hooliganism under art. 213 part 2 of the Criminal Code. This is stated in the comments to the code.

Sanctions for the second part

The penalty, which is provided for under Part 2, implies the following:

• Fines from 500 thousand to one million rubles;
• Forced labor obligations or being in the colony, respectively, up to 5 or up to 7 years.

Other types of punishment are not provided for in this case.

Particularly qualified act

A more serious type of crime in relation to the public is such actions as described in part 1 and 2 of Article 213 of the Criminal Code of the Russian Federation, but if they are committed with the use of explosives, a single punishment is provided - only being in a regime organization up to 8 years.

What is the reason for this? The fact is that the use of explosives, even from hooligan motives, can lead to negative consequences that threaten the life or health of others. Such dangerous behavior of the guilty or a group of perpetrators is commensurate with the appointment of a prisoner, as the level of possible consequences may be unpredictable.

Amendments

Earlier, Part 3 in Article 213 of the Criminal Code was not. It was introduced by amendments from 2014. The same can be said for other articles, supplemented, amended, where illegal use, manufacture, transportation and other actions with respect to explosive, radioactive substances, as well as weapons are prescribed. Tightening measures also took place both in 2014, and earlier, in other amendments.

As new methods of committing terrorist acts arise, the law changes in accordance with the situations that are taking place at present.

This is necessary to prevent the ability of various groups to carry out criminal acts without hindrance.