Hooliganism. Administrative and criminal liability for hooliganism. Help from a lawyer in cases of hooliganism

ST 213 of the Criminal Code of the Russian Federation.

1. Hooliganism, that is, a gross violation of public order, expressing clear disrespect for society, committed:

a) with the use of violence against citizens or the threat of its use;

b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;

c) on railway, sea, inland water or air transport, as well as on any other public transport, -

shall be punishable by a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to three years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of one to two years, or forced labor for a term of up to five years, or imprisonment for the same period.

2. The same act committed with the use of weapons or objects used as weapons, or by a group of persons, a group of persons by prior conspiracy or an organized group, or associated with resistance to a government official or other person performing duties to protect public order or suppressing a violation of public order order -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to four years, or by forced labor for a term of up to five years, or by imprisonment for a term of up to seven years.

3. Acts provided for in parts one or two of this article, committed with the use of explosives or explosive devices, -

shall be punished by imprisonment for a term of five to eight years.

Commentary to Art. 213 Criminal Code

1. The objective side of hooliganism consists of actions that constitute a gross violation of public order, expressing clear disrespect for society. The actions that constitute hooliganism are varied: the use of violence against citizens, destruction and damage to other people's property, disruption of public events, stopping or suspending the operation of transport, etc. To qualify such actions as hooliganism, they, firstly, must constitute a gross violation of public order (objective characteristic of actions) and, secondly, must express clear disrespect for society (subjective characteristic of actions) (clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2007 N 45 “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives”). An obligatory sign of the objective side of hooliganism is also the public setting of the crime: hooliganism is committed either in the presence of many people, or secretly, but with results that will inevitably be reflected in the minds of many people.

2. According to Article 213 of the Criminal Code of the Russian Federation, hooliganism has two types. “Ordinary” hooliganism is characterized by a special method of committing a crime: hooliganism must be committed with the use of weapons or objects used as weapons (clause “a”, part 1) (clauses 2 - 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 . N 45). This distinguishes hooliganism from other crimes committed out of hooligan motives (clause “e”, part 2 of article 112, part 2 of article 115, part 2 of article 116, part 2 of article 167 of the Criminal Code of Russia).

The subjective side of such hooliganism presupposes a hooligan motive (paragraphs 12 - 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 No. 45).

3. Paragraph “b” of Part 1 implies responsibility for “extremist” hooliganism: it does not have to be committed with the use of weapons or objects used as weapons, but extremist motives for hooliganism must be established.

4. The signs of qualified hooliganism (part 2) are disclosed in paragraphs 7 - 10 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 15, 2007 N 45.

5. If necessary, a particularly qualified person is classified according to the totality of crimes.

Where should a victim contact about telephone hooliganism?

There are two ways to deal with bullies:

1. Contacting the police - if the victim does not have information about the caller, he does not know the identity of the caller.
2. Going to court - if the victim knows the violator of order and law by sight, then he should immediately go to arbitration.

If the victim received a call and demanded money, which he subsequently transferred using the specified details, then we are not talking about telephone hooliganism, but about fraud.

Second commentary to Art. 213 of the Criminal Code of the Russian Federation

1. The objective side of the first crime (clause “a” of Part 1 of Article 213) is characterized by a socially dangerous act, representing a gross violation of public order, expressing clear disrespect for society. It is a deliberate violation of generally accepted norms and rules of behavior, dictated by the desire of the perpetrator to oppose himself to others, to demonstrate a disdainful attitude towards them.

Such actions can be committed both in relation to a specific person and in relation to an indefinite number of persons.

Mandatory signs of the objective side of hooliganism are the public setting of the crime, although it is not identified in the Criminal Code as constructive, as well as the method of committing the crime: the use of weapons or objects used as weapons.

In cases where, in the process of committing hooliganism, a person uses animals that pose a danger to human life or health, the act, taking into account the specific circumstances of the case, can be qualified under paragraph “a” of Part 1 of Art. 213.

The use of unloaded, faulty, unusable weapons (for example, training weapons) or decorative, souvenir weapons, toy weapons, etc. in the course of committing hooliganism is qualified under paragraph “a” of Part 1 of Art. 213 (clause 4 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated November 15, 2007 No. 45 “On judicial practice in criminal cases of hooliganism and other crimes committed out of hooligan motives”). This position of the Supreme Court has been sharply criticized in science.

From the subjective side, hooliganism is characterized by direct intent and a special motive - hooliganism.

2. The objective side of the second crime (clause “b” of Part 1 of Article 213) is expressed in actions that constitute a gross violation of public order, expressing clear disrespect for society. A mandatory sign of the objective side is the public environment.

The crime is considered completed from the moment the hooligan acts are committed.

The subjective side is characterized by direct intent and a special motive - political, ideological, racial, national or religious hatred or enmity, or based on hatred or enmity towards any social group (extremist motive).

Hooliganism can be committed with the use of weapons or objects used as weapons with an extremist motive; such a crime must be qualified under paragraphs “a”, “b” of Part 1 of Art. 213.

3. The objective side of the third offense of hooliganism is characterized by actions that constitute a gross violation of public order, expressing clear disrespect for society and the circumstances of the place - railway, sea, inland water or air transport, as well as any other public transport.

The subjective side is characterized by direct intent and a special motive - hooliganism.

If a crime is committed with an extremist motive, the act must be qualified under paragraphs “b”, “c” of Part 1 of Art. 213. The commission of the hooliganism in question with the use of weapons or objects used as weapons entails the qualification of a crime committed under paragraphs “a”, “c” of Part 1 of Art. 213.

The subject of the crime is a person who has reached the age of 16 years.

4. Resistance to a government official or other person (Part 2) is active opposition to the relevant persons in the performance of their official or public duties to protect public order and fulfill public duty. It must be in the process of suppressing hooliganism.

Hooligan actions associated with resistance to a representative of the authorities, during which violence was used, both non-dangerous and dangerous to life and health, should be classified as a set of crimes provided for in Part 2 of Art. 213 and the corresponding part of Art. 318 CC.

For the definition of a government representative, see the note to Art. 318 CC.

Persons performing duties for the protection of public order should include military personnel, persons engaged in private detective and security activities, involved in the protection of public safety and public order, officials of local government bodies who, under the special authority of the local government body, carry out functions for the protection of public order.

Other persons suppressing violations of public order are understood as persons, although not vested with any powers, but participating in preventive actions on their own initiative.

5. Causing harm to human health of varying degrees of severity or committing murder for this reason should be qualified under the relevant articles of the Criminal Code, which provide for liability for crimes against the person.

6. A particularly qualified type of hooliganism is its commission with the use of explosives or explosive devices (Part 3).

For the definition of explosives or explosive devices, see the commentary to Art. 222.1 CC.

Reporting hooliganism by phone to the police

In order for the police to respond and help a person who is being harassed by a bully over the phone, the victim needs to write a statement. It is written by hand in free form, and submitted at the place of actual residence.

The application must consist of three parts:

1. "A cap". In the upper right corner you must write to whom the application is addressed (the chief of police of such and such a district, indicate his full name). Under the addressee's details, enter the applicant's details - full name (written in full), residential address, telephone number.
2. Main part. Here the person must describe in detail when they called, what they threatened, etc.
3. Date and signature of the applicant at the time of application.

After considering the application, a police officer competent in this matter conducts an investigation and provides the applicant with a written response on the measures taken to suppress the fact of telephone hooliganism.

Penalties implied by criminal and administrative liability

Telephone hooliganism can be both a criminal offense and an administrative offense. Depending on which article telephone hooliganism falls under, the liability for it depends. This is regulated by the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Code of Administrative Offenses of the Russian Federation.

Article 207 of the Criminal Code of the Russian Federation

The provisions set out in Article 207 of the Criminal Code of the Russian Federation regulate the penalties imposed for telephone terrorism. Depending on the severity of the crime, the person who committed it may be punished as follows:

• a fine, the amount of which can reach two hundred thousand rubles;
• a fine equal to the total income for 18 months;
• compulsory work for up to 480 hours;
• correctional labor for up to two years;
• forced labor for up to three years;
• arrest for up to six months;
• imprisonment for up to five years.

If the damage from the crime committed is more than one million rubles, the offender may be fined up to 3 million or imprisoned for up to five years.

Important! In criminal practice, a situation often occurs when a citizen falls into the hands of fraudsters through fraud with mobile payment services. As an example - Easy payment from MTS. The scammer contacts the victim on behalf of the mobile operator and reports some problems. Then he offers his help and asks to send a code sent to the phone, after which money is debited from the account. We will tell you how to protect yourself from such fraud https://lexconsult.online/6844-moshennichestvo-s-pomoshhyu-legkogo-platezha-ot-mts-poleznye-sovety

Article 213 of the Criminal Code of the Russian Federation

If hooliganism was an offense without signs of a terrorist act, then the punishments for it are regulated by Article 213 of the Criminal Code of the Russian Federation:

• a fine of up to half a million rubles;
• forced and corrective labor;
• imprisonment for up to five years.

Article 20.1 of the Code of Administrative Offenses of the Russian Federation

The first paragraph of the twentieth article of the code of administrative offenses, ordinary telephone hooliganism can be punished as follows:

• a fine of up to one thousand rubles;
• administrative arrest for up to fifteen days;
• public Works.

Features of the crime in question

Initially, telephone hooligans violate people's rights to a well-deserved rest. These manipulations negatively affect a person’s life. Features of such an offense:

• Frequency – targeted calls that are made constantly and have a predetermined plan of action.
• Deception . Telephone hooliganism is often committed for fraudulent purposes for personal gain. Criminals may introduce themselves as relatives, talk about children’s problems and ask for money to solve them. We will tell you more about telephone fraud in the article here https://lexconsult.online/7095-telefonnoe-moshennichestvo-kak-raspoznat-obman-vernut-dengi
• Psychology . Sometimes, the purpose of telephone hooliganism is to have a psychological effect on a person.
• Stopping building activities . Telephone hooligans reporting a bomb in the building are stopping companies from working. The bottom line is that law enforcement agencies must respond to such calls, therefore, during the verification of information, the activity of the entire building ceases.

Hooligan motives are a qualifying feature

According to statistics, the most common crimes are those committed for hooligan reasons that encroach on the life and health of specific people. In the articles of the Criminal Code prohibiting such acts, hooligan motives are a noticeably aggravating factor for the perpetrator. These are the following intentional acts:

1. Murder – clause “i” of Part 2 of Art. 105. Taking the life of another person for hooligan reasons is a particularly serious act, which is punished very severely. The maximum penalty for such an act is imprisonment from 8 to 20 years, or life.
2. Infliction of grievous bodily harm – paragraph “e” of Part 2 of Art. 111. The maximum penalty is up to 10 years in prison.
3. Causing moderate harm to health – clause “e” of Part 2 of Art. 112 of the Criminal Code of the Russian Federation. The most severe punishment is up to 5 years in prison.
4. Causing minor harm to health – paragraph “a” of Part 2 of Art. 115. The maximum penalty is imprisonment for up to 2 years.

In each case of bodily injury to the victim, the degree of harm caused to health is examined by forensic experts as part of a forensic examination.

Vera Viktorovna Dolganina

Practicing lawyer with more than 10 years of experience.

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Law enforcers (preliminary investigation bodies and the court), in order to conclude the presence of hooligan motives when using violence during an quarrel, fight, conflict, are ordered to find out which of the participants was their initiator (criminal or victim), whether the conflict was a provocation with a specific purpose - for using it as a reason to commit a crime.

In situations where the conflict was caused by the victim, as well as when it was caused by the unlawful behavior of the victim, hooligan motives of the perpetrator in relation to such a victim are excluded.

Another crime for which hooligan motives are a qualifying feature is encroaching on the property of citizens.

This is the intentional destruction or damage of someone else's property, committed out of hooligan motives. They are being prosecuted under Part 2 of Art. 167 of the Criminal Code of the Russian Federation. The most severe punishment for such an act is imprisonment for up to 5 years.

False threats

Today, it is not uncommon for an attacker to call a government agency during business hours and warn that explosives are planted in the premises. This message usually paralyzes the work of the institution for the whole day and sows panic. Such a crime will already be qualified in accordance with Art. 207 of the Criminal Code of Russia, which implies punishment for false reporting of an act of terrorism.

This crime entails a heavy fine and long-term forced labor. If, as a result of panic, great damage was caused, the offender may be imprisoned for five years.

When is there no criminal liability for telephone hooliganism?

If the caller did not cause any damage or harm to the victim, but only insults him over the phone, shows disrespect for him, bothers him with frequent calls, silence on the phone, then we are talking about petty hooliganism, which falls under the category of an administrative offense. In this case, a petty hooligan may face punishment in the form of a fine (from 500 to 1000 rubles) or admin. arrest for a period of up to 15 days.

Criminal liability for hooliganism by telephone occurs if a person (or society) receives threats of harm to health or life, or if the consequences of the call led to damage (for example, a police squad was assembled based on a false call). If there is a case of telephone hooliganism, then the person can safely contact the police with evidence (record the telephone conversation).

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