“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 move 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 move on. Meanwhile, hooliganism is not just an offensive word, but also a very real article of law. There is an opinion that due to their age, teenagers do not always see the line between unconventional 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.
The problem of hooligan actions among young men remains relevant for the Lepel region. In 2020 alone, 1 case of hooliganism was committed in the Lepel district (1 in 2019). In the city of Lepel, 1 case of hooliganism was committed.
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 these actions.
What punishment is provided for it?
For committing petty hooliganism, the punishment is a warning or a fine of up to 30 basic units. If this offense is committed by a minor under 14 years of age, their parents may be brought to administrative responsibility 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 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 distinguished by exceptional cynicism in their content.
A gross violation of public order
may be expressed in the commission of, for example, 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 the normal operation of an institution, enterprise, public
transport, and so on.
A clear disrespect for
society occurs when a person demonstratively disregards
the norms of behaviour 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 also be committed in a
sparsely or unpopulated place.
A gross violation of public order
and a 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 holding in any place, etc.), without any reason, or there is a threat of its
use, i.e., an intention expressed verbally or by certain 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 an electric train late
in the evening, slashed several car tires or broke window panes).
Hooliganism
also includes manifestations of exceptional cynicism, which is expressed in
an extremely contemptuous attitude of a person towards the moral values of society
(shamelessness, mockery of the seriously ill, the elderly, minors who are not
able 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)
will be recognised as any of the actions already described, committed repeatedly orby a group of persons, or if it is associated with resistance to a person suppressing hooligan actions, or involves causing less serious bodily harm.
These acts are punishable by arrest, restriction or deprivation of liberty 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 for causing bodily harm, the use of explosives or explosive devices, or if they are committed with a threat of using these items. A condition for liability for especially malicious hooliganism is the existence of a real possibility to use the specified items. These actions are punishable by restriction or deprivation of liberty for up to 10 years.
Scratched a car – is that hooliganism?
About 40 percent of hooliganism cases involve damage or destruction of property belonging to others. It should be noted that persons committing hooligan actions by using violence or threatening to use it, as a rule, are 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 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 criminal law as a criminal offense (hooliganism). Liability arises even when no one, except the offender himself, is present during the commission of hooliganism. However, they must be aware that the result of their actions will become obvious anyway.
The commission of hooligan actions often entails additional expenses related to compensation for moral damages to the victims.
Head of the Public Security Police Department of the Lepel District Department of Internal Affairs
Police Lieutenant Colonel
Mikhno I.A.
