Commentary to Art. 339 of the Criminal Code
1. The objective side is expressed by inaction - evasion. However, the methods of such evasion are characterized by the commission of active actions, the list of which is established by law.
Feigning a disease should be understood as a false portrayal of a disease or its individual symptoms by a person who does not suffer from the disease, or a deliberate exaggeration of the signs of an existing disease.
Self-harm is deliberate artificial damage to various organs or tissues of the body, disruption of their functioning.
Forgery of documents consists of entering deliberately false information into documents, correcting them in ways that do not correspond to reality (intellectual falsification of documents), as well as producing an initially false document (physical falsification).
Other deception involves reporting any false information (active deception) or concealing any essential information (passive deception) about circumstances the existence of which allows a person not to perform military service duties (for example, about circumstances that grant the right to a deferment from conscription).
2. The duration of evasion of military service duties does not matter for the completed crime. The composition is completed from the moment the evasion begins.
3. The subject of the crime is a military serviceman performing military service under conscription or contract. Along with him, the perpetrator of this crime may be another person who, at the request of a serviceman, causes harm to the latter’s health or forges a document. In this case, the criminal actions of such a person are subject to qualification under a set of crimes as aiding in evasion and a corresponding crime against the person (for example, provided for in Article 111 or 112 of the Criminal Code) or the order of management (Article 327 of the Criminal Code of the Russian Federation).
Second commentary to Art. 339 of the Criminal Code of the Russian Federation
1. The article provides for criminal liability for temporary (Part 1) and permanent (Part 2) evasion from military service committed by causing harm to one’s health (self-mutilation), feigning illness, forgery of documents or other deception.
2. Self-harm is artificial injury to various organs or tissues of the body. Causing harm to health can be carried out in various ways: with a firearm or knives, etc. Harm to health can be caused either by the perpetrator himself or, at his request, by another person.
3. Feigning an illness involves attributing to oneself non-existent diseases or physical disabilities, or deliberately exaggerating the signs of an existing disease (deafness, blindness, etc.).
4. In case of evasion by forgery of documents, a serviceman provides the relevant commander (chief) with a document forged by himself or at his request by another person and on this basis receives permanent or temporary exemption from all or some of the duties of military service.
5. Other deception means the communication of deliberately false information about events and facts for the specified purposes.
6. From the subjective side, the crime is committed with direct intent and with the aim of permanently or temporarily evading the duties of military service.
7. If a serviceman pursued the goal of temporary release from military service duties, his actions are subject to qualification under Part 1 of Art. 339. If the goal of the perpetrator was complete exemption from military service, his responsibility comes under Part 2 of this article.
8. The subject of the crime is a conscript or contract soldier, or a citizen in the reserve called up for military training.
9. A person who intentionally causes harm to the health of a serviceman at his request is subject to liability under the corresponding article of the chapter of the Criminal Code on crimes against life and health.
"Auto-hooliganism." What offenses on the road can be punished as a “criminal”?
We continue to summarize the past year. Last time we collected the most curious and instructive stories of the year that were caught on DVRs. Today, let’s remember what kind of “hooliganism” our compatriots dared to do (and did not go unnoticed by law enforcement agencies) this year.
He took out his penis and started shaking it
In this non-trivial way, the passenger of a car stopped for lack of technical inspection decided to get into the news reports (watch from 1.35).
As Alexander Ivashnev, traffic police inspector of the State Traffic Inspectorate of the Mogilev Regional Executive Committee, told the Mogilev TV and Radio Broadcasting Company, “during the administrative process, one of the passengers got out, lowered his pants, took out his genitals and began to shake them.” As a result, the passenger was detained and taken to the police department. A criminal case was opened against the man under the article “Hooliganism”.
Dancing on the roof of the car while driving
The incident occurred in mid-spring in Brest. The duty department received several calls from eyewitnesses who reported that a BMW car was driving around the city streets, with passengers dancing on the hood and roof of it.
No matter how surprising it may sound, the driver of the car was sober. However, this did not save him from drawing up protocols for violating the rules for transporting passengers (Part 5 of Article 18.14) and driving a car without the “necessary documents” (Article 18.18). Later, he was deprived of his “rights” for creating an emergency situation (Part 10 of Article 18.14) and received a fine of 20 basic (420 rubles).
It was never possible to find out what prompted the “dancers” to climb onto the roof of the car. However, given that the young people were drunk, the question does not seem so difficult. In relation to the three dancing passengers, protocols were drawn up for violating traffic rules: “by other road users who were intoxicated” (Part 2 of Article 18.23). And then also under Article 17.1 “Hooliganism”. Was the dancing worth the candle?
Cut the tires on his girlfriend's car so she wouldn't go to clubs
The story began very prosaically: one morning the girl saw that someone had cut the tires on her car and contacted the police. And although it took a little over a month to search, the answer was nearby all this time. The culprit turned out to be her boyfriend.
As often happens in such cases, the cause turned out to be jealousy. According to him, the girl too often rested with her friend in entertainment venues in the city. And they went there in the victim’s car. Apparently, he figured that if there was no car, there would be no problems. So I decided to at least temporarily disable the vehicle. Now a criminal case has been initiated against the young man under Article 339 of the Criminal Code of the Republic of Belarus “Hooliganism” (the maximum possible punishment under the first part is imprisonment for up to 3 years)
Drank in someone else's car and then burned it
In this story, everything is so banal: he got drunk and started getting rowdy. Only the methods I chose were very original. First, I accidentally punctured the tires of nearby cars. Then he broke into someone’s car and continued drinking while it was warm (despite the fact that it was June, it was already getting colder after sunset). Finally, realizing that he had broken into someone else's car to hide the crime, he set the car on fire.
The car owner saw what was left of his vehicle only in the morning. The attacker was found quite quickly. It turned out that over the previous days he had already become familiar to local residents with his inappropriate behavior. As it later became known, a criminal case was opened against the guy for arson and hooliganism.
Got angry that no one was stopping and threw a stick at a passing car
“Man is man’s friend, comrade and brother.” This is one of the principles of the “Moral Code of the Builders of Communism.” But we have not believed in communism for a long time, which means it is not necessary to adhere to the principles. But not everyone will agree with this.
So, in Borisov, one driver’s car broke down on the road. When he realized that he couldn’t figure out the problem himself, he began to stop cars passing by. For a long time no one wanted to stop, and the man began to get angry at this state of affairs. Soon he could not stand it anymore and threw a wooden block at a passing BMW.
Despite the fact that he managed to stop the car, he, naturally, did not receive any help. Quite the contrary. Some time later he was detained and taken into custody. A criminal case was initiated against him under Part 1 of Article 339 of the Criminal Code of the Republic of Belarus “Hooliganism”.
Later it became known that this Borisov resident had already come to the attention of the police. In 2014, he deliberately drove a newly purchased Mercedes-Benz into an Almi store, smashing the doors and scaring customers.
As the portal Vborisove.by writes, then his condition did not allow him to interview the driver after the accident. He was hospitalized at the Republican Scientific and Practical Center for Mental Health. “The driver was in poor condition. He has been registered with the Republican Scientific and Practical Center for Mental Health for 8 years (in Novinki - Ed.), perhaps he had an exacerbation of mental illness,” Borisov State Traffic Inspectorate representative Irina Pakhtusova said at the time.
Well, such information can certainly explain the behavior of the driver in a recent situation. But at the same time, the question is very pressing: is it worth allowing him to drive a vehicle in the future?
Taxi passenger punches driver for refusing to buy him beer
The incident occurred in early October in Grodno. The young man called a taxi to take him to Dzerzhinsky Street. The driver delivered the customer to a gas station, where he intended to buy alcohol. True, the client did not have the money, and he asked the taxi driver for it. The driver explained that their organization does not issue money on credit. After refusing, the man asked to be taken to another address. On the way, the passenger lost his temper. He pushed the driver in the head, and when the car stopped, he hit him in the face. Then he explained to the driver how wrong he had been in refusing to lend money. Then he swore at the young man and ran away.
After the incident, the driver contacted the police. Employees seized the recording from the video recorder and also spoke with employees of the gas station where the passenger was spotted. In addition, the man provided his details to the taxi operator when he ordered the car. Thus, it was possible to quickly get on the trail of the attacker, who had not previously been prosecuted.
Now a criminal case has been opened against the young man under the article “Hooliganism”. The most severe sanction of the article under which the attacker will be judged provides for up to three years in prison.
Drifted on Victory Square
And finally, the “freshest” hooliganism. A guy driving a Mercedes-Benz S300 drove to the site of the memorial monument to soldiers and partisans who died during the Great Patriotic War of 1941-1945. on Victory Square and sent the car into a controlled skid. How do law enforcement agencies characterize the action of a 27-year-old Minsk resident:
“The young man is suspected that on November 29, from 1:30 to 1:50, while on Victory Square, in the presence of strangers, he deliberately, out of hooligan motives, expressing clear disrespect for society and with exceptional cynicism, drove a Mercedes car Benz S300 onto the site of the monument, which was obviously not intended for the movement of vehicles, and, having entered the car into a controlled drift, drove about three circles around its axis (“drifted”), which grossly violated public order.”
After traffic police officers passing by noticed the drifter, the driver tried to escape, but was soon stopped.
Now a criminal case has been opened against a young man who has all categories of “rights” and who was sober at that moment under Part 1 of Article 339 of the Criminal Code “Hooliganism.” The investigation will also have to give a legal assessment of the driver’s actions under Article 346 of the Criminal Code “Desecration of historical and cultural values.”
Roman SAVINICH ABW.BY
