The 1960 Criminal Law was one of the fairest and most concrete acts adopted in the industry since its inception. At that time, the most common occurrence was an act under Art. 206 of the Criminal Code of the RSFSR. Namely - hooliganism, which had several options for manifestation in the external environment and, accordingly, required regulation by the authorities.
Hooliganism. Criminal Code of the RSFSR
Theorists quite often encounter the problems of correctly defining a given deed. Each law interprets in its own way the concept of this crime, its objective side. The essence itself remains unchanged, but a clear and concrete explanation of the meaning is not always obtained. However, the RSFSR Criminal Code of 1960 enshrines a fairly simple and clear concept.
Hooliganism is always negative and even provocative behavior, which is expressed in undisguised disrespect for society and contains actions that violate the established order. Clarification of the improper attitude to society is important as well as the issue of the adopted rules, since these criteria or even the conditions of this crime are basic and help determine its composition, which, as you know, contains four mandatory elements.
Objective side
The article under consideration implies that this can be any action aimed at any violation of the order established in society. Manifesting, they must demonstrate a clear disrespect for society. In one way or another, they insult not one person, but a whole group of people, which is necessary for qualification.
Crimes against public safety, namely hooliganism, always affect the interests of several social groups. In 1960, and also afterwards, such manifestations were very frequent, the criminals tried in various ways to show their disrespect due to disagreement with some of the foundations of society.
So, in what actions hooliganism can manifest itself? Unlike the Criminal Code of the Russian Federation, the law of 1960 allowed such behavior that now may not even be hooliganism. It could be obscene abuse, damage to property, even the threat of violence, often there were cases of the use of any weapons, as well as harassment, insulting citizens.
Object of crime under Art. 206 of the Criminal Code of the RSFSR
The relations of members of society that suffer from the commission of a particular act - this is the object of a crime. Hooliganism is a type of crime against public safety and order. Citizens, their interests and freedoms, as a whole, always suffer from this act, regardless of the historical stage, whether it be the Soviet period or the present.
In addition to public safety as a mandatory feature, that is, an object, there may be optional features, which is quite common in this crime. Usually, law enforcement authorities detained hooliganism, recording the fact of disrespectful and dangerous behavior, but often there were statements by the victims, the presence of an object, such as damaged property, which are optional features of the object.
Subjective symptoms
The subject and subjective side of each crime committed are important parts of its composition. In the case of hooliganism, the first has features. The total age of criminal responsibility under the 1960 code is sixteen years. In the case of hooliganism, this rule remains unchanged, except when it is committed maliciously, that is, with a certain qualifying attribute.
Accordingly, Art. 206 of the Criminal Code of the RSFSR establishes three elements: a simple crime, petty and malicious hooliganism - an aggravating sign, enshrined in part two of the article under consideration. For that period of time, just for an act committed in accordance with this part of the article, liability begins from fourteen, and not from sixteen years.
As for the subjective side, that is, the criminal’s attitude to what he commits, guilt must always be present, it is mandatory for qualification. During hooliganism, a person with direct intent performs actions that violate public order, encroach on security and reflect a clear disrespect for society.
Other types of compounds
Art. 206 of the Criminal Code of the RSFSR implies two corpus delicti, which are both aggravating and, conversely, decreasing punishment. The first of these is malicious hooliganism. This option implied exceptional cynicism in the actions of the offender, resistance to government officials, or even the use of any objects as a weapon. This also includes the commission of an act by a person who has previously been convicted, that is, a repeat offender.
The second composition, fixed already in the third part of Art. 206 of the Criminal Code of the RSFSR - petty hooliganism. It involves a small penalty and is not considered aggravating. For the most part, this composition was used in cases of street, not very mass riots. Fights were especially widespread among the young population of the country, which were dispersed by law enforcement officials.
Responsibility for hooliganism under the Criminal Code of the RSFSR
The sanctions provided for in article 206 of the Criminal Code of the RSFSR are very diverse, and some of them are not found in the law of the present. Such punishment was a very widespread public censure at that time, a mention of which is not to be found now. This type of sanction was also envisaged for hooliganism, but only in cases of its simple form, that is, in part of the first article of the Criminal Code of the RSFSR.
In addition to punishment such as public censure, the law also included fines, correctional labor, and even imprisonment. The maximum term in accordance with article 206 is five years of imprisonment for malicious hooliganism. This is the most severe punishment at this rate. There was also a composition that did not provide for this type of measure at all, namely petty hooliganism, enshrined in the third part of Article 206 of the Criminal Code of the RSFSR.