The Criminal Code contains articles that provide not only punishments for murders or other serious crimes, but also for other acts. As an example, we can cite the provision 213 of the Criminal Code of the Russian Federation - hooliganism.
The administrative code already has a definition of petty hooliganism. This is a violation of order among the public, which is expressed in foul language or in the fact that the guilty person pestering citizens, including damaging other people's property. Administrative Code in these cases provides for a fine or arrest up to 15 days.
The Criminal Code describes, in fact, the same hooliganism, only from the point of view of greater danger to society. It is no secret that the brighter the negative side of the crime, the more it bears negative for others.
Compared with other acts, it is possible to note the illicit trafficking of stupefying or psychotropic drugs. Depending on the size and method of such a turn, an administrative or criminal punishment is imposed when an offense or criminal act is detected .
So is the case with hooliganism. To understand what the difference is, you can consider the description of the act in article 213 of the Criminal Code, commentary on it and the types of punishments.
An object
The public order being the object of the crime , which should be borne in mind first of all when considering a crime of this category, implies a certain customary behavior of all people in society. In addition, when qualifying an act, the open, that is, the explicit character of disrespect for others, is also important, which can be expressed in actions of varying severity.
Hooliganism can be considered as such, as noted in Article 213 of the Criminal Code of the Russian Federation with comments, if committed in relation to random passers-by, that is, unfamiliar or unfamiliar people in public places. As a rule, the actions of the guilty person are connected with the allegedly unworthy behavior of the victim or victims. However, the actions of the offender in this case are clearly disproportionate to the possible insult or indecent behavior of the victim.
Use of weapons
Article 213 (part 1) of the Criminal Code of the Russian Federation contains paragraphs explaining in detail which actions may be considered a criminal offense.
Paragraph A states that hooliganism should be punished if the perpetrator uses a weapon or object similar to it. This does not mean that a person should use it when committing this act, as otherwise it will be another crime.
The use of weapons here is supposed to be an intimidating tool, if in reality there is such a threat that the offender will still use it, exists. For example, if an unknown person on the street scares others with a gun, swinging them left and right, insults people and performs other similar actions, then this is hooliganism, falling under point A part 1 of article 213 of the Criminal Code.
Hate crime
Paragraph B of the considered part suggests, possibly, similar actions, but the motive provides for a completely different one. So, if, committing the above-described act, the offender might not have any motives at all, but just want to scare people or get angry with someone, then these same actions must be of a different nature in order to be qualified specifically in this section: political, racial ideological or religious hatred of another person or people.
It should be said that if a weapon or object similar to it is used, but hatred or enmity takes place for the above reasons, then the crime is subject to qualification precisely on this point (or several) of Art. 213 of the Criminal Code.
What threatens in part 1
The sanctions of the criminal article in the first part are:
- penalties up to 500 thousand rubles;
- obligatory, corrective, forced labor punishments, respectively, up to 480 hours, up to 2 years or up to 5 years;
- the real term in a custodial institution is up to 5 years.
Qualified Act
Regarding the second part of Article 213 of the Criminal Code of the Russian Federation, hooligan behavior of a whole group of people in a preliminary conspiracy can be qualified, including if it is expressed in relation to representatives of structures that have authority, or another person who is trying to stop a negative change in public order. Here it is necessary to note the person who is trying to stop the hooligans. According to the comments, he can be any citizen who suppresses the actions of a group of criminals, even if he is not a police officer or an employee of another state structure related to law enforcement agencies.
Special Marks
For example, if some law-abiding citizen tries to stop the perpetrators by shouting or acting, he calls the police, but the criminals do not let him finish what he started, this may not be considered a hooligan structure. An attempt to suppress the actions of perpetrators implies active intervention in criminal behavior, in which there is resistance. Moreover, if the disobedience of the hooligans manifests itself after they have ceased their actions, this cannot be included in hooliganism under Art. 213 h. 2 of the Criminal Code. This is stated in the comments on the code.
Sanctions for the second part
The punishment, which is provided for under part 2, implies the following:
- fines from 500 thousand to a million rubles;
- forced labor obligations or stay in a colony, respectively, up to 5 or up to 7 years.
Other types of punishments are not provided in this case.
Highly Qualified Act
A more serious type of crime against the public is such actions as described in parts 1 and 2 of Article 213 of the Criminal Code of the Russian Federation, but if they were committed with the use of explosives, there is one single punishment - only being in a security organization up to 8 years.
What is the reason for this? The fact is that the use of explosives, even from hooligan motives, can entail negative consequences that threaten the life or health of others. Such dangerous behavior of the guilty person or group of guilty persons is commensurate with the purpose of imprisonment, since the level of possible consequences can be unpredictable.
Amendments
Previously, part 3 in article 213 of the Criminal Code was not. It was introduced in the 2014 amendments. The same can be said of other articles, supplemented, amended, which spelled out the illegal use, manufacture, transportation and other actions in relation to explosives, radioactive substances, and also weapons. Tighter measures also took place both in 2014 and earlier in other amendments.
As new methods of committing terrorist acts arise, the law changes in accordance with the situations that are currently taking place.
This is necessary to prevent the possibility of various groups to freely commit criminal acts.