Article "Hooliganism" of the Criminal Code: the nature of the crime

According to statistics, the most common crime among all those mentioned in the law is hooliganism. The Criminal Code of the Russian Federation devoted one of its articles to this illegal act. People who violate this rule tend to be young. The sad fact is that often hooliganism becomes the starting point for committing more serious crimes. What is the composition of this wrongful act? Details - below.

An object

This basic attribute is intended to describe those social relations, which are harmed in the course of the crime. First of all, public order and people's morality suffer from hooliganism. Art. 213 of the Criminal Code "Hooliganism" is located in the chapter along with other crimes that violate the security of mankind. To the additional objects of this wrongful act can be attributed the health of specific people and property.

The objective side

The action, which expresses hooliganism, the Criminal Code of the Russian Federation describes as a grave breach of the established order in society. It always expresses an open disrespect for all individuals. But these signs are not enough to qualify the wrongful act as hooliganism. The Criminal Code in the special paragraphs of the article indicated alternative, but mandatory signs. Thus, such an act must be committed with the use of a special weapon, namely weapons or other items similar to it. Or else it is necessary that the guilty party has a special motive. Under it can be understood hatred or enmity for a certain group of people (social, ethnic, racial and so on). Thus, the hooliganism of the Criminal Code of the Russian Federation determines not in the sense that people usually put in this word. In legal terms, it is of a significant negative nature.

The subjective side

Article of the Criminal Code "Hooliganism" describes the criminal's guilt quite clearly. It is unlikely that a violation of the accepted order in society can be committed with indirect intent, or in general by negligence. The perpetrator is always aware that he violates the law by his actions. In doing so, he wishes to act in a similar manner. Therefore, in such cases, there is only a direct intent. The second mandatory attribute is the motive. It is understood not as an incentive to hooliganism, which was mentioned above. The previously described motive is not mandatory in the event that the crime was committed using weapons. However, regardless of the form of this wrongful act, it is necessarily hooligan motivation. It occurs when the offender clearly opposes himself to the rest of the people and society as a whole and wants to demonstrate his disdain for the generally accepted rules of conduct.

Subject

In order to bring a particular person to justice for this crime, it is necessary that he has two mandatory characteristics. Of course, the age refers to the first. A person is liable to criminal punishment only for those acts provided for in the Criminal Code, which he committed after the onset of 16 years. The second sign is the sanity of the criminal.