“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 a very real criminal offence.
“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 a very real criminal offence. There is an opinion that due to their age, teenagers do not always see the line between unconventional behaviour 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.
The problem of hooligan actions among young men remains relevant for the Lepel region. In 2019 alone, 7 cases of hooliganism were committed in the Lepel district. The number of incidents in 2019 increased by 1 crime compared to the same period in 2017. In the town of Lepel, 7 cases of hooliganism were committed; in Lepel rural council – 1 incident; in Kamensky rural council – 2 incidents; in Domzheritsky rural council – 1; in the town of Lepel – 3.
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 offences.
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 organisations, 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 aforementioned actions.
What is the penalty for it?
For committing petty hooliganism, the penalty is a warning or a fine of up to 30 basic units. If this offence is committed by a minor under 14 years of age, their parents may be brought to administrative responsibility.
article 9.4 (Failure to fulfil 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 a clear disrespect for society, accompanied by the use of violence or the threat of its use, or the destruction or damage of another's property, or differing in its content by exceptional cynicism.
Gross violation of public order may be expressed in the commission, for example, of 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.
A clear disrespect for society occurs when a person demonstratively neglects the established norms of behaviour and morality 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 be committed in a sparsely or unpopulated place.
Gross violation of public order and clear disrespect for society may be recognised as criminal hooliganism when violence is used against another person or persons, i.e., physical impact on the victim in any form (beating, striking, causing bodily harm, binding, forcibly detaining in any place, etc.), without any reason, or there is a threat of its use, i.e., an expressed intention, verbally or by specific gestures, to use physical violence.
In addition, hooliganism may include actions related to the destruction or damage of another's property (for example, a group of teenagers, returning on a suburban train late in the evening, slashed several tyres on a car or broke window panes).
Hooliganism also includes manifestations 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).
The punishment is alsomalicious?
For committing the specified actions, punishment may be imposed in the form of a fine, arrest, restriction of liberty, or imprisonment for up to 3 years. Malicious hooliganism (part 2 of Article 339 of the Criminal Code) shall be recognised 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 severe bodily harm.
These acts are punishable by arrest, restriction of liberty, or imprisonment for 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 to cause bodily harm, the use of explosive substances or explosive devices, or if they are committed with a threat of using these items. The condition for liability for especially malicious hooliganism is the existence of a real opportunity to use the specified items. These actions are punishable by restriction of liberty or imprisonment for up to 10 years.
Scratched a car – is that hooliganism?
About 40 percent of hooliganism cases involve 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 are usually aware of the fact of committing a 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 face criminal liability.
However, it must be understood that any intentional actions that grossly violate public order and express blatant disrespect for society are qualified by criminal law as a criminal offence (hooliganism). Liability arises even when no one, except the offender, is present during the commission of hooliganism. However, they must be aware that the result of their actions will still become obvious.
Committing hooligan actions often entails additional expenses related to compensation for moral damage to the victims.
Head of the Public Security Police Department of Lepel District Department of Internal Affairs
Police Lieutenant Colonel
Mikhno I.A.