Hooliganism is ... Article 213 of the Criminal Code: hooliganism

Hooliganism is behavior that is considered unacceptable for any public place. It implies the infringement of human rights and a pronounced disrespect for people. Article 213 of the Criminal Code of the Russian Federation says that hooliganism is punishable by correctional labor, arrest or imprisonment of up to two years.

The origin of the word "hooligan"

In the XVIII century in Britain lived a lord named Hooligan. His life was boring and monotonous. In order to bring fun and mischief to his daily routine, the lord periodically broke the public order, committing hooligan actions. These were socially dangerous acts, causing some harm to people. But in those days they were not called hooligans. Its name was inadmissible public actions due to its main instigator - Lord Hooligan. The newspaper Brewer's Dictionary has its own version of the origin of the word "hooligan". A well-known publication says that at the end of the century before last, the family of the Hooligans lived in Southwark, which "animated" the monotonous life of the townspeople with amusing, even unacceptable actions for society. In today's world, a hooligan is a person who commits socially dangerous acts.

Criminal liability for hooliganism

In the 20s of the last century hooliganism "blossomed" in full. Similar actions were carried out in Russian cities everywhere. It was also chanting obscene songs in the streets of the city, and molesting girls, and obscene expressions, and damaging monuments and other objects, and drunken fights. This is an incomplete list of possible hooliganism that has been disastrously spreading throughout the country. In this regard, the government decided to take measures to combat such an offense. In 1922, for the first time, criminal responsibility for hooliganism was established. The article was universal in nature. It provided for punishment in the form of forced labor or imprisonment for up to one year. But it could only be used for not too serious offenses. Punishment for acts of a serious nature had to be established under other articles of the Criminal Code. In 1924, hooligan actions were recognized as an administrative delict. For repeated public dangerous acts were provided for punishment in the form of imprisonment. In 1926, according to the Criminal Code for committing hooliganism for the first time the offender was deprived of liberty for a period of up to three months. If these actions were accompanied by violence, excess or committed repeatedly, then they could receive 24 months imprisonment. In early 1926, the government launched a company to combat this violation of order. In 1935, for malicious hooliganism, it was possible to "earn" five years of strict regime.

Article 213 of the Criminal Code of the Russian Federation

Today, hooliganism is understood as a violation of public order in a rude form. A full definition of this concept is provided by the Criminal Code of the Russian Federation (Article 213). Hooliganism there is described as a dangerous act committed with the use of weapons (items replacing weapons) and expressing disrespect for people. The Russian Criminal Code provides for the following types of punishment :

1. Forced labor for a period of 120 to 180 hours.
2. Corrective labor for a period of 6 to 12 months.
3. The arrest period is from 4 to 6 months.
4. Deprivation of liberty up to 24 months.

For malicious hooliganism, including the use of weapons or items of its substitutes, imprisonment from 4 to 7 years is foreseen. If the act is committed by an organized group, including by prior conspiracy, and also involves resistance to the representatives of the authorities or committed already convicted in the same case, then for him the articles of the Criminal Code provide for compulsory work (180-240 hours), correctional labor (For 1-2 years), imprisonment (up to 5 years). Hooliganism does not call insults, beatings and other acts that are based on personal hostile attitudes. This does not include domestic quarrels. In some cases, such actions may be considered hooligan, if they have intentions, suggesting a violation of the established public order and norms. Hooliganism is intentional crime, which is committed with direct intent. This means that the offender consciously commits acts that violate the established social order.

Object and the subject of the offense

The Criminal Code of the Russian Federation provides for liability for hooliganism. But in the theory of criminal law there is still no common opinion about the object of such a crime. Today, the object is a social order that represents the totality of relationships and determines the behavior of people, which can not be violated. Any crime to some extent affects the social order, but in the case of hooliganism it does not have a purposeful character: the offender does not seek to cause harm to an individual or his property. The subject is any person who is 16 years old. The subjective side of crimes is characterized as follows. The offender realizes that his actions violate the established social order, and also expresses contempt for society, but he wishes to commit a crime. From the logical point of view, the actions of the bully are completely meaningless. The perpetrator seeks to assert his own exclusivity and consolidate it in the minds of certain people. He wants to surprise others with his rude, strange deeds and indecent utterances.

Minor hooliganism

Such actions can be considered a criminal offense or an administrative offense. The second concept refers to petty hooliganism. It is understood as encroachment on public order, calmness of the population of the country. The composition of petty hooliganism is described in Article 158 of the Code of Administrative Offenses. The following actions are meant by it:

• Obscene words in public places;
• Insulting citizens;
• Insulting people;
• Deliberate infliction of indecent inscriptions on fences and walls;
• Damage to monuments of culture and other actions.

This list includes quite a few acts that violate the established social order. As a rule, petty hooliganism is deliberate actions that are committed in the presence of other people. And they are committed only in relation to a stranger or an unfamiliar person. Offenses based on personal dislike for a familiar person are not considered minor hooliganism. Responsibility for administrative offenses related to violation of the established public order is borne by persons who have reached the age of 16. The Code of Administrative Offenses provides for liability for hooliganism. This may be an administrative fine of 5-15 minimum wages, or arrest (for up to 15 days). The decision to impose a fine is taken by the chief of the ATS or his deputy. Administrative arrest is applied by the judge.

Hooliganism as a criminal offense

A criminal offense differs from an administrative violation by the nature of the acts committed and the degree of public danger. The criminal liability for hooliganism comes in the event that:

1) it is committed with the use of weapons, as well as items replacing it;

2) it is committed on ideological, political, racial, national grounds;

3) it is based on religious hatred or enmity towards one or more social groups.

Under the weapons used as a result of hooliganism, it means gunshot, gas, cold. The Criminal Code of the Russian Federation explains that in the process of such violations, violence related to the restriction of human freedom can be used. It can be expressed in the binding of hands, beatings and other harm to human health. All actions in such a crime must be committed in public, in the presence of witnesses, only in this case they can be classified as hooligan. In committing a public offense, a person demonstrates his contempt for society. However, in some cases, hooliganism is recognized as dangerous to society actions committed in the absence of people. Articles of the Criminal Code explain these points. A socially dangerous act is recognized as a crime if:

• There is a violation of the established public order in a rough form;
• Manifestly apparent disrespect to society, manifested in ignoring the basic rules of decency, decency, accepted in society.

Hooliganism by phone

The phone is a great blessing of civilization. Thanks to him we can hear a man who is several thousand kilometers away from us. But sometimes the telephone can ruin life. How? Today, telephone hooliganism is widespread in the world. Often people begin to call people from unfamiliar rooms in the middle of the night and annoyingly keep silent in the phone. There are also those who, through the telephone, blackmail or threaten competitors in business. But even more often telephone hooligans become unhappy or offended lovers who pester their "victim" with phone calls with incomprehensible accusations. What does the police recommend in these situations? Telephone hooliganism is not so difficult to calculate. Therefore, "smart" violators rarely use this method to cause harm to another person. More often such hooliganism is engaged in children and teenagers for the sake of fun. In this case, the telephone hooligan can be threatened that when you call again you will tell your parents everything or contact the police. As a rule, this is quite enough for teenagers to stop calling you. If this does not stop, the police recommends doing the following:

1. Purchase a voice recorder.
2. At the next call, turn on the sound recording equipment and attach it to the handset.
3. Try to delay the conversation with an unknown subscriber, so that he could lay out as much information about himself as possible.
4. Record the date, time and duration of the telephone conversation.
5. Come to the police station with a dictaphone and write a statement to stop the fact of telephone hooliganism. Police officers need to tell the date, time of the call, its duration and give the cassette from the sound recording device.

Hooliganism and crime against the person

The objective and subjective aspects of hooliganism and crimes against the person practically do not differ in any way. In judicial practice, it is rather difficult to distinguish between these two types of offenses. But there are a number of criteria that allow us to distinguish hooligan and personal motives in the commission of a crime. To understand this, you need the Criminal Code - hooliganism (213). If you analyze the information presented in it, you can see that hooligan motives are almost always blurred.

1. In the crime against the person, the instigator plans and prepares for him. Each of his actions is thought out and logical. The actions of hooligans do not differ in logic and consistency.
2. The bully does not have a personal dislike for the victim; As instigated, he provokes the victims to the conflict. In a crime against a person, actions are characterized by deliberate calculation. Here the offender pursues personal motives.
3. If you carefully look at the composition of hooliganism, you can understand that the offender by his actions does more harm to public order, rather than to a specific person. He has no purpose to achieve any result. In crimes against the individual, there is always a specific goal. If an act is committed with the use of weapons, it is prepared in advance and used specifically for the purpose.

Hooliganism and crime against property

With many crimes, hooligan actions are similar. The Criminal Code of the Russian Federation, Article 167, gives explanations of crimes against property, which are often confused with hooliganism. Intentional damage (damage) of another's property is characterized by certain signs:

• Purposeful destruction or damage to property;
• Object of property relations;
• The motives of such actions are of a household, moral, economic nature.

In hooliganism, such signs are not observed. Other property may also be destroyed here, but public order is the object. The motives of such a crime are directed only at the violation of the established public order, and not at causing harm to the property of a particular person. The task of law enforcement officers is to correctly classify crimes and classify them as hooligans or personalities. Otherwise, there is a violation of the main principle of criminal law, which is the fairness of punishment for the crime committed.

Development of legislation in the field of hooliganism

Throughout the world, hooliganism is considered an "elementary school" of criminal activity, especially violent and mercenary. Now the state recognizes that the person is of the highest value. Human priority gives rise to the need for friendly relations between people, respect for the rules of caring attitude and the creation of conditions that will ensure a healthy nation. To achieve these goals, every citizen is required to comply with the rules of public conduct and safety established by the state. People also must comply with rules that are aimed at preserving human health. When these conditions are not respected, the balance in the society is disturbed: accidents occur, people are ill, material assets are dying. Therefore hooliganism is characterized by a high degree of danger. The Criminal Code of the Russian Federation prescribes norms that provide for responsibility for encroachments aimed at public order and security. This group of crimes has its own characteristics. These actions involve the violation of established duties and rules of civil behavior.

1. Hooliganism is a crime against the established public order.
2. It is a socially dangerous act.
3. Such actions are recognized as a multifaceted crime, in the course of which public order and security are violated.
4. Hooliganism implies active actions, leading to the violation of public order.

Such criminal behavior violates the conditions of rest, work of each person. And if it is accompanied by violent methods, then there is a threat not only of public order, but also of people's lives. In addition, hooliganism is the first step in the path of serious crimes. Most experts believe that legislation in this area needs to be improved and improved. For example, article 213 of the Criminal Code of the Russian Federation should introduce the responsibility of persons who facilitate the commission of hooliganism in the form of inaction. Today, ATS officers often take a crime against property and personality for such violations. As a result of incorrect qualification, unfair punishment for hooliganism is imposed. Therefore, crime problems require careful analysis. Criminal responsibility for this offense should be strengthened, and the article dedicated to it should be finalized in order to properly qualify the ultimate crimes. Then the punishment for hooliganism, which is being brought to justice, will be fair.