“What a hooligan!” – this is sometimes heard from passers-by addressing teenagers who commit acts not accepted in a law-abiding society. They shake their heads and walk on.
“What a hooligan!” – this is sometimes heard from passers-by addressing teenagers who commit acts not accepted in a law-abiding society. They shake their heads and walk on. Meanwhile, hooliganism is not just an offensive word, but also a very real criminal offense. There is an opinion that due to their age, teenagers do not always see the line between extraordinary behavior and hooligan actions. What is the difference between simple and malicious hooliganism, what is disrespect for society, and what is the responsibility for such actions, we are discussing with Anatoly Vasilyev, Deputy Head of the Public Security Police Department of the Internal Affairs Directorate of the Gomel Regional Executive Committee.
The problem of hooliganism among young men remains relevant for the Lepel region. In the current year alone, 1 case of hooliganism has been committed in the territory of the Lepel district. The number of incidents in 2016 increased compared to the same period in 2015 from 0 to 1 crime.
From what age does administrative and criminal liability arise?
Criminal liability for hooliganism (Article 339 of the Criminal Code), as well as administrative liability for petty hooliganism (Article 17.1 of the Code of Administrative Offences), arises from the age of 14, as they pose a higher public danger compared to other offenses.
What is meant by hooliganism?
In accordance with Article 17.1 of the Code of Administrative Offences, petty hooliganism includes: obscene language in a public place, offensive harassment of citizens, and other intentional actions that violate public order, the activities of organizations, or the peace of citizens and are expressed in clear disrespect for society.
In addition, the use of pyrotechnics in public places can also be attributed to the above actions.
What punishment is provided for it?
For committing petty hooliganism, a penalty in the form of a warning or a fine of up to 30 basic units is provided. If this offense is committed by a minor under 14 years of age, their parents may be held administratively liable under Article 9.4 (Failure to fulfill parental duties) of the Code of Administrative Offences, which provides for a warning or a fine of up to 10 basic units.
When is hooliganism considered malicious?
There are the following types of hooliganism: simple, malicious, and particularly malicious.
Simple hooliganism (Part 1 of Article 339 of the Criminal Code) consists of intentional actions that grossly violate public order and express blatant disrespect for society, accompanied by the use of violence or threats to use it, or the destruction or damage of another's property, or differing in its content by exceptional cynicism.
Gross violation of public order can be expressed, for example, in actions that entail: causing harm to the lawful rights and interests of a person (freedom of movement, personal integrity, etc.), disruption of a mass event, temporary cessation of normal operation of an institution, enterprise, public transport, and so on.
Blatant disrespect for society occurs when a person demonstratively disregards the norms of behavior and morality established in society, opposes themselves to society or individual citizens. Moreover, hooliganism does not necessarily have to be committed in a public place. Such actions can
Hooliganism also includes the manifestation of exceptional cynicism, which is expressed in a person's extremely contemptuous attitude towards the moral values of society (shamelessness, mockery of the seriously ill, the elderly, minors who are unable to defend themselves, desecration of customs, traditions, and the like).
Is the punishment also malicious?
For the commission of the specified actions, punishment in the form of a fine, arrest, restriction or deprivation of liberty for a term of up to 3 years is possible. Malicious hooliganism (part 2 of Article 339 of the Criminal Code) shall be recognized as any of the actions already described, committed repeatedly or by a group of persons, or if it is associated with resistance to a person suppressing hooligan actions, or coupled with causing less serious bodily harm.
These acts are punishable by arrest, restriction or deprivation of liberty for a term of up to 6 years.
Especially malicious hooliganism is provided for in part 3 of Article 339 of the Criminal Code. It is constituted by hooligan actions committed with the use of weapons, other items used as weapons for causing bodily harm, the use of explosives or explosive devices, or if they are committed with a threat of using these items. The condition for responsibility for especially malicious hooliganism is the existence of a real possibility of using the specified items. These actions are punishable by restriction or deprivation of liberty for a term of up to 10 years.
Scratched a car – is that hooliganism?
About 40 percent of hooliganism cases are related to the damage or destruction of other people's property. It should be noted that persons committing hooligan actions by using violence or threatening to use it, as a rule, are aware of the commission of the crime. At the same time, many teenagers accused in criminal cases of hooliganism naively believed that by breaking windows in other people's houses, scratching the paintwork of vehicles, or puncturing car tires, and committing other similar actions, they would not incur criminal liability.
However, it must be understood that any intentional actions that grossly violate public order and express a clear disrespect for society are qualified by the criminal law as a criminally punishable act (hooliganism). Liability arises even when, during the commission of hooliganism, no one other than the offender himself is present. However, they must be aware that the result of their actions will still become obvious.
Committing hooligan acts often entails additional expenses related to compensation for moral damages to victims.
Head of the Public Security Police Department of the Lepel District Department of Internal Affairs
Police Lieutenant Colonel I.A. Mikhno