Criminal liability for a crime such as hooliganism (Article 213, Part 1) occurs only if a person uses weapons or certain items that can be interpreted as such. If the person was attacked without using weapons (such crimes include beating or causing harm to health), then such actions are qualified as crimes directed against the person, in this case hooligan motives are considered as a qualifying attribute.
Violation of public order, expressed in disrespect for others, characterizes such a crime as hooliganism, the article considers as norms of public order both certain standards established by the state and moral requirements. Obvious disrespect for society is usually understood as a demonstrative violation (intentional) of the established rules. As manifestations of hooliganism, for example, one can name the humiliating appeal to others, outrage and prolonged encroachments, as well as the persistent commission of actions that pose a danger to society.
Article 213 (hooliganism) indicates the impossibility of reducing the qualification of signs of hooliganism to bodily harm or battery. There are other manifestations of violence, for example, when one person pushes another into impurity. In any case, the physical attribute of the victim is taken as the main symptom of such motivation.
Another sign of crimes qualifying as hooliganism, the article refers to the presence of direct intent, therefore, violence committed as a result of personal hostility in a circle of close acquaintances, in an uninhabited place and using weapons cannot be qualified in this way. However, if such actions are committed in a public place, and the perpetrator realizes that in this way he violates the order established 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 other actions that qualify as hooliganism. The article points to crimes, the cause of which was an insignificant reason, which is incommensurable with the violence. This may be, for example, an accidental collision in public transport, or a banal refusal to give way.
The article on hooliganism indicates that as a basis for the recognition of a criminal act committed by a group of persons, and by prior conspiracy, it is necessary to have an agreement between them even before the crime begins. It does not require collusion only the use of weapons in criminal acts. However, if one individual, who is a member of the group, saw that his accomplice intends to use weapons, and did not stop the hooligan actions, then he is subject to criminal liability under this article, part 2.
Part one of Article 213 provides for 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 arises if not only firearms, pneumatic, gas or cold weapons were used, but also all kinds of household or household items, which are considered as capable of hitting manpower.
If resistance to the police officers was provided after the commission of criminal acts, they cannot be considered hooliganism and qualify as part 2 of the 213rd article. They are singled out as an independent crime and qualified depending on the severity of the consequences.
Responsibility for part 1 comes from 16, and in the second part - from 14 years.