criminal liability for the crime of hooliganism (article 213, part 1), occurs only when the use of weapons or face some items that could be construed as such.If a person committed an infringement without the use of weapons (to the number of such crimes include assault or bodily injury), such activities as a crime against the person, in this case, hooliganism is considered as aggravating circumstance.
Breach of public order, expressed in contempt for others, characterizes the offense of hooliganism, the article considers as norms of public order as certain standards set by the state and the requirements of morality.Under a clear disrespect for society is commonly understood as demonstrative violation (intentional) rules.As a manifestation of bullying, for example, can be called humiliating treatment of others, revelries, and lengthy attacks, as well as the persistent commission of acts that carry a danger to society.
Article 213 (hooliganism) indicates nanevozmozhnost information signs qualifying hooliganism only to bodily injury or battered.There are other manifestations of violence, such as when one person confronts another in filth.In any case, as the main feature of such motives taken physical action against the victim.
Another sign of the crimes are classified as hooliganism, the article refers to the existence of direct intent, so in this way can not be characterized violence committed because of personal animosity among close friends of persons in a deserted place, and the use of weapons.However, if such acts are committed in a public place, and the perpetrator is aware that the way it violates the established order in society, interferes with the normal functioning of the enterprise, public transport, they are subject to the qualifications of hooliganism, and punishable.
There are a number of actions qualified as hooliganism.The article points out the crime, which was the cause of unimportant occasion, which caused excessive in relation to violence.This could be, for example, a chance encounter on public transport, or a banal failure to give way.
Article hooliganism indicates that as the basis for recognition of a criminal act committed by a group of persons, and by prior agreement, there must be agreement between them before the crime.It does not require the use of only the collusion of criminal acts weapons.However, if one individual, a member of the group, saw his accomplice intend to use the weapon, and did not stop hooliganism, it is subject to criminal liability under this article are a part of the 2nd.
The first part of the 213th article provides responsibility for hooliganism, the commission of which was used a weapon (an object to be used as such).The responsibility for this part of the article comes, if applied not only firearms, pneumatic, gas or knives, but also all sorts of household items or household goods that are deemed to be able to hit the manpower.
If the resistance of the police was rendered after the commission of criminal acts can not be regarded as hooliganism, and qualify the 2nd part of the 213th article.They were isolated in a separate crime and qualify, depending on the severity of the consequences.
liability under Part 1 comes with a 16, and the second part - from 14 years.
