Petty hooliganism, the Criminal Code of the Russian Federation: interpretation of the article in simple words
The Criminal Code does not regulate the type of crime in its articles. The said act explains the Code of Laws which determined that petty hooliganism is a violation of a person’s order in society. Such misconduct may be in the form of abusive harassment of citizens, obscene expressions in public places, as well as damage to someone else's property or its destruction.
In addition to the petty offense, the law provides for a crime in the form of hooliganism in the Criminal Code. Our article will consider these two types of atrocities, the differences between them and the preventive measures provided by law.
What is the difference?
Hooliganism of the Criminal Code of the Russian Federation defines it as a violation of order in society, expressed in a rude manner and demonstrating a disrespectful attitude towards citizens. How can this be expressed?
- The use of weapons or other things replacing it.
- Committing a criminal act based on racial, political, ideological hostility or hatred.
- According to Art. 213, hooliganism of the Criminal Code of the Russian Federation regulates as a commission of an act by a group having a clear organization or by pre-conspiracy.
- The commission of a crime with the use of substances or devices that provoke an explosion.
External manifestation of the offense and its object, Art. 20.1 of the Administrative Code
In petty hooliganism, order serves society as an object. What does it mean? The objective party is considered to be the commission by a person of a wrongful act that violates the calmness of citizens and public order. For example, obscene expressions in a crowded place. Petty hooliganism can disrupt order in society in any area of life. It can be any institution, street, shop, factory, etc. Simply put, the commission of an offense occurs most often in the presence of people.
For the presence of a corpus delicti it is not enough to commit it publicly. For example, petty hooliganism is also an obscene inscription on the fence, made in the absence of people.
External manifestation of a criminal act and its object, art. 213
Hooliganism of the Criminal Code of the Russian Federation defines as an object the order in a society violated by the guilty person. The objective side is expressed in gross disregard for the rules of behavior among people, which is a demonstrative disrespectful behavior towards others. Done it can be through the use of weapons or things that replace it. There is also a motive of racial and national hatred or enmity.
Internal manifestation of the offense and its subject, art. 20.1 of the Administrative Code
The subjective side is expressed in the intent, most often direct. But there are cases where the commission of a crime is possible and with indirect intent. An important part is the motive that encourages the offender to commit an illegal act. A person who has reached the age of sixteen may be held accountable as a subject.
The internal manifestation of a criminal act and its subject
Article 213 of the Criminal Code of the Russian Federation (hooliganism) as a subject of this crime provides for a person who has reached the age of fourteen. What is the offense? The subjective side is expressed in direct intent.Simply put, this is when the guilty person was aware of what the public dangerous act is doing, foresaw the possibility or inevitability of the onset of unlawful consequences and wanted it.
Punishment for minor violations
Hooliganism (Article 213 of the Criminal Code of the Russian Federation) implies a harsher punishment as compared with the offense under Article 20.1. The last point stipulates preventive measures in the form of a fine and administrative arrest. The maximum amount of the sanction in the first part is one thousand rubles. The arrest at this point reaches no more than fifteen days. The second part of the article provides for more severe punishment. The penalty in this section reaches over two thousand rubles, administrative arrest is also possible.
Punishment for hooliganism
For hooliganism of the Criminal Code of the Russian Federation in the first part of Article 213, the maximum sentence is provided. The preventive measure is imprisonment (up to five years). Fine may also be applied. The second part of the article defines the maximum punishment, depriving a person of his liberty (up to seven years), as well as a material penalty or forced labor. Article 213 of the Criminal Code of the Russian Federation (hooliganism) in part three provides for a maximum sentence of up to eight years in prison.
Differences between hooliganism and petty hooliganism
It is important when qualifying an act to correctly determine by which regulatory act (the Criminal Code of the Russian Federation or the Administrative Code of the Russian Federation) this violation is regulated. For this, it is necessary to understand the differences between these two crimes.
Petty hooliganism, as a rule, consists in obscene expressions in a public place. And hooliganism (art. 213 of the Criminal Code of the Russian Federation) can be expressed in a gross manifestation of obvious disrespect for citizens violating public order. For example, when a person, without committing violent acts, bothers people, it is petty hooliganism. And when a guilty person threatens citizens with violence or realizes his plan in fact, then this is qualified otherwise. Such actions are called hooliganism.
Section of the Administrative Code describes the act, showing disrespect. And Article 213 of the Criminal Code of the Russian Federation (hooliganism) describes actions that are manifested in contempt of society. They are accompanied by the use of physical effects or other special items. For example, using weapons.
In petty hooliganism, a person commits acts that disturb the peace of citizens.It can be expressed in battle, harassment of people around you, disobedience to the authorities, etc. There is one nuance here. In hooliganism, the guilty person also shows disobedience to the authorities. But it is expressed in gross violation of order in society.
In the case of petty hooliganism, the number of offenders does not affect the amount of punishment. It makes no difference whether it was one person or several persons. But hooliganism of the Criminal Code of the Russian Federation provides for stricter punishment if it is committed by several attackers. In this case, they are called a group.
Petty hooliganism is accompanied by damage. Also in the article we are talking about the destruction of another's property. Acts that do not use weapons or substitute items also qualify as disorderly conduct. The Criminal Code of the Russian Federation in this case is more loyal to the attacker.
Instead of conclusion
In this article, we considered such a violation as petty hooliganism. We have learned the features of this act, its objective and subjective aspects. They also studied the factors that distinguish this violation from hooliganism, for the suppression of which more stringent penalties are provided. All this information will help every citizen behave within the law in society.Indeed, a significant part of the population does not assume that every offensive, disruptive action is punishable by law.