Today in the Russian Criminal Code there are only nine types of crimes that can be committed only because of hooligan motives, so you should consider them more carefully, because all crimes committed on this basis have their own characteristic motive. Hooliganism can be considered a gross violation that expresses dissatisfaction with society, while in case of unlawful actions, weapons or objects that can cause injury can be used. Only the court will be able to establish in the future how the violation manifested itself and what consequences indicate that the person is really guilty.
Resolution of the plenum of the Armed Forces of the Russian Federation related to hooligan motives of various kinds
In order for the law to correctly judge hooligan motives and qualify crimes correctly, the plenum gave the following explanations:
- First of all, hooliganism can be considered only such an action that does not fully comply with generally accepted standards and is a clear neglect of society and others.
- When weapons are used during unlawful acts. These can be different objects that will affect the psyche of a person or his physical condition.
- Only experts can figure out how an object could affect a person’s general condition and whether it can be aimed at hitting a target. For example, considering all the hooligan motives, the plenum recognized as dangerous not only objects, but also dangerous animals that can be used to cause harm.
- Any weapon is taken into account, even if it is a training weapon, but with it you can still cause injury.
- Hooligan actions may not be committed by one person, but by a whole group, such acts may qualify as collusion.
- Hooliganism is also a confrontation with authorities or their representatives who are in the line of duty.
- All crimes directed against the person can be regarded as hooligan motives; in this case, the Criminal Code provides for a special punishment for each individual case. Any insulting phrases, harm to health and a direct threat to the life of an individual, crimes directed against relatives and family members are the consequences of such hooliganism, therefore responsibility is provided for this.
- Hooliganism is considered vandalism, which takes place against a background of political or ideological hostility. When vandalism takes place, then not only public order is violated, but other people's property is also harmed. In this case, the offender may have to answer for a whole set of different articles.
What is hooliganism?
Today hooliganism and crimes committed from hooligan motives are two completely different concepts. Often, such crimes are understood as those aimed at violating the security of society. Such acts can create a real threat that could cost someone life, or a person could lose property. The difference between these two concepts is that some acts are committed on purpose and are a well-thought-out act, and sometimes everything happens by negligence. As a punishment for hooliganism, sanctions, fines, and imprisonment for a certain period of time can be applied to the object. As a rule, the following crimes are distinguished:
- Hooliganism, which is committed at the household level with the use of various objects.
- Extremist hooliganism, that is, an offense occurs against a background of hostility for religious, ideological or racial motives.
- Mixed hooliganism is considered to be the most dangerous, since there is a serious motive for its implementation, and different types of weapons are used.
Whatever the reasons for the commission of hooliganism, the law provides for serious punishment. Even if the actions were committed by teenagers, they will have to answer for them according to the law.
Types of hooligan motives
As was said, there are not so many types of such crimes, so you should pay attention to what hooligan motives can be considered in the Criminal Code:
- The most serious crime is murder due to hooligan motives.
- Serious bodily harm.
- Injury of moderate severity.
- Intentionally causing slight harm.
- Beating out of hooligan motives.
- Deliberate destruction of property or damage.
- Intentional depreciation of some important objects that provide vital functions.
- Abuse of our smaller brothers.
- Hooliganism itself, for example, it can be vandalism.
What role does the motive of crime play?
Hooliganism and crimes committed out of hooligan motives are carefully studied by specialists. Only after the corpus delicti has been analyzed can certain conclusions be drawn. The fact is that all the crimes listed above are, first and foremost, an encroachment on various tribal and species objects. Very often, the corpus delicti is related to harming one’s health or depriving an object of life, in another case the crime may be committed with the aim of harming property.
Varieties of crime
Crimes committed from hooligan motives can be of such varieties:
- In the first case, crimes can be presented in the form of ordinary assault.
- In another case, it may already be a specific act that is directed at something or someone.
In any case, most often hooligan actions are carried out by persons who are in a state of intoxication and at the same time try to inflict external destruction and damage. They can be manifested in violent acts against other persons, but it should also be noted that this is not a mitigating circumstance.
Hooligan murder
Murder from hooligan motives is not just murder, but actions that can be committed on the basis of disrespect or hatred directly to society itself. And, of course, this is opposed to all the norms that have been adopted in this society. The behavior of the guilty party in this case will be an open challenge driven by the desire to show everyone that she treats them with neglect. Very often, such actions are performed without any reason, the slightest excuse is enough for the murder to be committed. In judicial practice, most of all such cases are known that are committed under the influence of alcoholic beverages. A crime committed out of hooligan motives can be committed under the pretext that a person did not give a cigarette a cigarette or made a remark that seemed offensive to the other side. Before considering the case, experts conduct a thorough analysis, which allows you to find out exactly how the murder was committed. For example, if there is a quarrel or a fight, then the fact of who the attacker was will be taken into account. For example, if the murder was committed during a quarrel and the victim was its instigator , this will no longer be a murder from hooligan motives.
Hooligan motives and crimes with harm to health with varying severity
Any bodily harm will be dealt with separately. Legislation takes into account almost all the small details that can affect the mitigation or toughening of sentences. But in any case, there was a beating, and it can be qualified as unlawful acts committed from hooligan motives. The main criterion for causing bodily harm, which will be considered in court, of course, will be the consequences of beating. If there was a beating due to hooligan motives, but the injured party received only minor injuries, the punishment will not be so severe, in addition, the motives of such a crime will be carefully studied. Medium-sized injuries may also be caused, but when the case is considered, in this category there is a chance to avoid punishment if both parties agree on a reconciliation between the guilty party and the victim. If such a solution to the problem does not occur, then in this case the perpetrator may face criminal liability in the form of imprisonment. For what period the court will decide, which will carefully examine all the motives of the crime. The most terrible crimes are those of hooligan motives that have caused severe bodily harm in humans.
In this case, the Penal Code provides for maximum sentences of imprisonment. More recently, in 2016, amendments were made to the Criminal Code, so now it’s considered to be hooligan motives to beat people who are in the circle of relatives and friends, for example, it can be all relatives, grandfathers, grandmothers, grandchildren and children, as well as husband and wife. In case of repeated such violation, a person who commits hooligan actions may be deprived of liberty for a specified period.
Special destruction of property or its damage from hooligan motives
Destruction of property can automatically be regarded as perfect from hooligan motives. Legislation addresses the following points:
- Acts that led to the fact that the property was damaged or completely destroyed.
- The consequences that are the result of unlawful acts.
- Motives that forced to commit a crime.
Hooliganism and hooligan motives are different. The fact is that if the property has been completely disposed of and cannot be restored, it will be regarded as hooliganism, and the perpetrator will need to be answered for this in full. Most likely, he will be convicted and imprisoned for a certain period. If the property was only damaged and there is every chance to restore it, this can be considered a hooligan motivation. It is worth noting that the deliberate destruction of another's property as a result of arson will entail criminal liability. In this case, hooligan motives can be of a different nature. For example, parties to the conflict may be spouses who were unable to share property with each other. The party that committed the arson will be responsible for their deed. The court will also consider the consequences of such an act if the actions led to serious consequences that would be caused by negligence, but at the same time, property damage occurred on purpose. Most often, the consequences can be as follows:
- As a result of unlawful actions, serious harm was inflicted on the health of a person or several people at once.
- The victims were left without housing or lack of livelihood.
- If, due to hooligan motives, the enterprise or the organization’s work was stopped.
- If a large number of consumers were disconnected from sources of livelihood, for example, it can be electricity, gas, heat and water supply.
Special deterioration of some important objects that provide vital functions
From hooligan motives, various destruction, damage, or bringing into disrepair various objects that are necessary for life can be carried out. As a rule, such violations can be punished with a large fine, and if the damage was significant, the perpetrator can be imprisoned for a term of three years. Hooligan motives and qualification of crimes can be of a different nature, on the basis of this, punishment will be brought. In some cases, a person who has committed such an act may be punished by forced labor.
Cruelty to animals as a result of bullying
Animal cruelty is a crime. It can also be committed precisely from hooligan motives. Such hooligan motives will be regarded as a confrontation of morality and the public. It should be remembered that animal cruelty is punishable under the Criminal Code. The court takes into account all the motives, as well as the consequences that were the result of such actions. For example, if an animal died or was injured as a result of illegal actions, and physical measures were also applied to it, then such an offender will face severe punishment. Most likely, he will face imprisonment for several years. Abuse can be considered not only causing pain to the animal, but also depriving it of food, as well as other methods of exposure. Most often, hooligan motives in this case are present as an opportunity to assert oneself and gain self-satisfaction. Such crimes are committed with certain intent, no other reasons for the commission do not exist. Any person who commits unlawful acts and who is sixteen years old can be brought to trial. If the crime was completely not alone, but a whole group of people, then the punishment will be more severe.
To prevent crimes that are committed from hooligan motives, it is recommended to constantly carry out preventive measures in this direction. Social explanatory conversations should be held that can affect all spheres of human activity. For this, it is necessary to actively involve psychologists, educators, social workers and specialists from other industries, for example, narcologists and criminologists. A network of crisis centers and institutions should be actively developed, in which it is quite possible to receive psychological assistance. Particular attention should be paid specifically to adolescents who are always at risk and are most often such offenders. Special attention must be given to dysfunctional families. Only in this way will it be possible to reduce the percentage growth of crimes that are committed precisely because of hooligan motives. If the preventive system is properly built, then such crimes will be much less, and this is very important for the state and its citizens. All citizens of the state are simply obliged to understand that they have equal rights, which means that no one has the right to commit such crimes. Consequently, such offenses will be prosecuted at the legislative level.