Criminal Code. Hooliganism, article 213

Criminal liability for such a crime as hooliganism (art. 213, part 1) comes only if the person uses a weapon or some items that can be interpreted as such. If an individual is assaulted without the use of weapons (such as beatings or harm to his health), such actions qualify as crimes directed against the person, in this case hooligan motivations are considered as a qualifying sign.

Violation of public order, expressed in disrespect to others, characterizes such a crime as hooliganism, the article considers as standards of public order certain standards established by the state, and moral requirements. Under the obvious disrespect to society, it is customary to understand a demonstrative violation (intentional) of established rules. As manifestations of hooliganism, for example, you can call a humiliating treatment of others, excess and long-term encroachments, as well as persistent actions that pose a threat to society.

Article 213 (hooliganism) indicates that it is not possible to report the qualifications of hooligan actions only to inflicting bodily injuries or to beatings. There are other manifestations of violence, for example, when one person pushes another into uncleanness. In any case, the physical effect on the victim is taken as the main sign of such motives.

Another article of the crime that qualifies as hooliganism, the article calls the presence of direct intent, therefore violence can not be classified in this way because of personal hostility in a circle of closely-acquainted persons, in a deserted place and with the use of weapons. However, if such actions are committed in a public place, and the perpetrator realizes that in this way he violates the established order in society, interferes with the normal functioning of the enterprise, public transport, they fall under the qualification of hooliganism, and criminally punishable.

There are a number of actions that qualify as hooliganism. The article points to the crimes, the cause of which was an insignificant occasion, which is incommensurable with the violence caused. This can be, for example, an accidental collision in public transport, or a banal refusal to give way.

Article for hooliganism indicates that as a basis for the recognition of a criminal act committed by a group of persons and by prior agreement, it is necessary to have an agreement between them even before the commencement of the crime. It does not require collusion only the use of weapons in criminal activities. However, if one individual who is a member of the group saw that his accomplice intends to use weapons and did not stop hooliganism, then he is subject to criminal liability under the article in question, part 2.

Part one of Article 213 provides liability for hooliganism, in the commission of which a weapon was used (or an object used as such). Responsibility for this part of the article comes if not only firearms, pneumatic, gas or cold weapons were used, but also all sorts of household or household items that are considered to be capable of hitting live force.

If resistance to police officers was provided already after the commission of criminal acts, they can not be considered hooliganism, and qualify as part of the second 213th article. They are singled out as an independent crime and qualified depending on the severity of the consequences.

Responsibility to Part 1 comes from 16, and the second part - from 14 years.