My teenage cousin will be tried for "disorderly conduct." He committed an act that resulted in property damage. The situation is, of course, unpleasant, but deserves attention. The reason is that despite the similarity of the concepts of “hooliganism” and “hooligan motives,” these are somewhat different things. They have a different nature. After reading this article, you will understand not only what the difference is, but also the answers to the following questions:
- What are these hooligan motives?
- Motive as a qualifying feature;
- Hooligan urges are not hooliganism;
- Grounds for refusal to initiate a case;
- A combination of hooliganism and hooligan motives;
- Hooliganism as a special case of hooligan motives.
Hooligan urges
One of the fundamental documents for understanding what hooligan motives are is Resolution No. 45 of the Plenum of the Armed Forces of the Russian Federation dated November 15, 2007.
We can talk about hooligan motives when a criminal acts without a clear reason, his actions indicate a desire to cross the boundaries of what is permitted, to show that he is superior society, neglects its foundations and rules of community life, with them he expresses denial, disrespect, non-acceptance of the norms and rules of behavior accepted in society.
For example , hooligan motives may be the desire to show one’s prowess, superiority over others, the ability to show cruelty, to mock someone, etc.
The Plenum Resolution indicates that crimes committed out of hooligan motives are deliberate illegal actions that encroach on a person himself or his property, committed without reason or using an insignificant reason.
Concept of motives
Before moving directly to understanding what hooligan motivation is, it is necessary to determine what the legislator puts directly into the concept of motivation. At the moment, the word “induce” means inducing a person to do something. However, the word “motivation” takes on a slightly different connotation - it is a person’s intention to do something, to want to do it. As you can see, the acting force here is completely different.
Ultimately, quite often, an impulse forces a person to become more active in order to fulfill a certain need. And here in the future everything depends on the motive. However, the motive here does not at all act as a mental image or material object that forces a person to commit a crime committed out of hooligan motives, but rather as an influence on his behavior, that is, for the sake of which a person begins to implement it in the first place.
It does not matter whether a person can independently understand the meaning of his behavior, or whether he remains completely unconscious. Such crimes were committed even in cases where the criminal’s entire meaning had slipped from his consciousness. It is very difficult to manipulate this level of mental state, so many judges and investigators, in cases where they simply cannot understand the motive for the crime committed, say that it was done for hooligan reasons. All this suggests that even practitioners cannot say what exactly is hidden under this term. It simply puts into it everything that cannot be understood and accurately qualified.
Hooliganism
Responsibility for hooliganism is established by Article 213 of the Criminal Code. This is a crime committed with the only possible specific motive - hooliganism.
We should immediately separate two concepts - hooliganism, punishable under Art. 213 of the Criminal Code of the Russian Federation and what is commonly called such in everyday life.
It can be said that the word “hooliganism” used in everyday life can be revealed to some extent using the wording of the Criminal Code. In it, hooliganism is a gross violation of public order, expressing clear disrespect for society. However, criminal liability for it will only occur if there is an exhaustive list of conditions given in Part 1 of Art. 213, – if it is committed:
- using weapons or objects that were used as such;
- on any public transport (water, railway, air, etc.);
- based on hatred or enmity caused by the political, ideological, national, racial, religious views of the perpetrator or his extremely negative attitude towards any social group of people.
If these conditions are not met, criminal liability under Art. 213 is excluded.
The maximum possible punishment for such an act is up to 5 years of imprisonment for a composition not burdened with qualifying characteristics and up to 8 years for a qualified composition.
The courts are ordered to separate hooliganism from other crimes that may be committed for hooligan reasons. This separation occurs by carefully establishing:
- content and direction of intent;
- the purpose pursued by the perpetrator;
- circumstances of the commission of a criminal act.
What is hooliganism?
Today, hooliganism and crimes committed for hooligan reasons are two completely different concepts. Often such crimes are understood as those that are aimed at violating the safety of society. Such acts can create a real threat that could cost someone their life or a person could lose property. The difference between these two concepts is that some acts are committed on purpose and are a well-thought-out act, and sometimes everything happens due to negligence. As punishment for hooliganism, sanctions, fines, and imprisonment for a certain period of time may be applied to the object. As a rule, the following crimes are distinguished:
- Hooliganism, which is committed at the everyday level with the use of various objects.
- Extremist hooliganism, that is, the offense occurs against the background of hostility on religious, ideological or racial grounds.
- Mixed hooliganism is considered to be the most dangerous, since there is a serious motive for its implementation, and different types of weapons are used.
Whatever the reasons for committing hooliganism, the law provides for serious punishment. Even if the actions were committed by teenagers, they will have to answer for them according to the law.
Character traits
All crimes with hooligan motives, regardless of their internal content, have three characteristic features that, to one degree or another, can be identified in the following nuances:
- They are always sudden and occur quite quickly.
- The reason for the crime committed is either impossible to determine at all, or it is so small that it is simply not commensurate with the consequences that have occurred. That is why such criminals are often called inadequate people.
- The motivation for the actions of the guilty person is quite easy. He understands perfectly well that he is committing a socially dangerous act, even the consequences, but he cannot completely stop his feelings and use willpower to prevent it.
Concept
Crimes committed with hooligan motives are those that are initially committed on the basis of disrespect for society and the moral norms that are universally accepted in it. The person guilty of committing this act poses a challenge to society, wanting to oppose himself to the whole world, as well as demonstrate complete disrespect for the world around him. The motives for such crimes are almost impossible to understand, since they are often very deeply hidden in biological instincts, such as asserting one's identity or playing.
There are relatively few such crimes; in total, in the 2007 Plenum of the Supreme Court there are 9 types of them: from murder to hooliganism itself. They are considered grave precisely because the absence of a visible reason makes one think that death or harm to health was caused without any motive. However, if such cases are subsequently reviewed by experienced psychologists, they can often identify a rather complex and deep motive. It simultaneously includes the boundless egoism of the guilty person, his distorted concepts of his personality and its boundaries, the reigning cult of brute force among the people, and therefore the desire to test his own, as well as attacks of boundless, but short-term anger.
Types of hooligan impulses
As was said, there are not so many types of such crimes, so it is worth paying attention to what hooligan motives can be considered in the Criminal Code:
- The most serious crime is murder due to hooligan motives.
- Causing serious harm to health.
- Causing moderate injuries.
- Intentional infliction of minor harm.
- Beating for hooligan reasons.
- Intentional destruction of property or causing damage.
- Intentional destruction of some important objects that support life.
- Cruel treatment of our smaller brothers.
- Hooliganism itself, for example, could be vandalism.
Cruelty to animals as a consequence of hooligan motives
Cruelty to animals is a crime. It can also be committed precisely from hooligan motives. Such hooligan motives will be regarded as opposition to morality and the public. It should be remembered that cruelty to animals is punishable under the Criminal Code. The court takes into account all the motives, as well as the consequences that resulted from such actions. For example, if an animal died or was injured as a result of illegal actions, and physical measures were applied to it, then such a violator will face severe punishment. Most likely, he will face imprisonment for several years. Cruelty can be considered not only by causing pain to an animal, but also by depriving it of food, as well as other methods of influence. Most often, hooligan impulses in this case are present as an opportunity to assert oneself and gain self-satisfaction. Such crimes are committed with a certain intent; there are no other reasons for committing them. Any person who commits illegal acts and is over sixteen years of age can be put on trial. If the crime was not committed alone, but by a whole group of people, then the punishment will be more severe.
To prevent crimes that are committed from hooligan motives, it is recommended to constantly carry out prevention in this direction. Social explanatory conversations should be held that can affect all areas of human activity. To do this, it is necessary to actively involve psychologists, teachers, social workers and specialists from other fields, such as narcologists and criminologists. It is necessary to actively develop a network of crisis centers and institutions where it is quite possible to receive psychological help. Particular attention should be paid to teenagers, who are always at risk and are most often such offenders. Special attention must be paid to disadvantaged families. Only in this way will it be possible to reduce the percentage of growth in crimes that are committed precisely because of hooligan motives. If you build a prevention system correctly, there will be much fewer such crimes, and this is very important for the state and its citizens. All citizens of the state are simply obliged to understand that they have equal rights, which means that no one has the right to commit such crimes. Consequently, such offenses will be prosecuted at the legislative level.
Hooligan motives are a mandatory sign for liability under the Criminal Code
The current criminal code includes a number of articles on criminal acts, for which liability must be committed out of hooligan motives.
That is, the legislator determined that the illegal actions described in these articles are so dangerous for society that the perpetrator bears criminal liability for them only when committed out of such motives. These norms are available in different chapters of the code and the objects of encroachment also differ.
Beatings
The first and one of the most controversial and controversial articles due to the impunity of domestic violence is Art. 116 “Beatings.” This article is included in the chapter of the Criminal Code, which combines acts harmful to life and health.
Previously, it punished the infliction of injuries that did not cause harm to the health of the victim, regardless of the motives for the act. Currently, responsibility for all such damage, without hooligan motives, comes to the perpetrator under the Code of Administrative Offenses (CAO) under Article 6.1.1.
For criminal liability to arise, it is necessary that the beatings were committed either from hooligan motives, or motivated by hatred or enmity on the basis of ideology, religion, political views and beliefs, etc.
The maximum penalty for this crime is 2 years in prison.
Crimes harmful to public safety
As many as 3 norms of this chapter of the Criminal Code provide for liability for the acts described in them that are committed out of hooligan motives:
- Part 1 and 2 art. 207 – knowingly false report about a terrorist act, about actions being prepared that create a threat of death, and the occurrence of other dangerous consequences for society (explosion, poisoning, flooding, arson, etc.). The most severe punishment for such hooligan actions is forced labor from 2 to 3 years under Part 1, and imprisonment from 3 to 5 years under Part 2, if the message concerned social infrastructure facilities (schools, gardens, parks, hospitals, etc. ) or caused damage in the amount of at least 1 million rubles.
- Art. 215.2 – rendering life support facilities unusable. Destruction, damage and other actions are punishable, the result of which will be the unsuitability for further operation of energy facilities, telecommunications, housing and communal services, and other life support facilities for the population, ensuring the production and transportation of water, gas, heat, electricity, etc. to consumers. The maximum penalty is deprivation freedom for a “simple” offense – up to 3 years, up to 7 years if these actions caused the death of a person (part 3 of the article). For criminal liability to arise under this article, the perpetrator must have either hooligan motives or a selfish motive.
- Part 3-5 art. 215.3 – rendering oil, petroleum product, and gas pipelines, associated objects, structures, communications, automation, and alarm systems unusable. There are two conditions for liability under this rule:
- disruption of their normal stable operation or the possibility of its occurrence;
- hooligan or selfish motives.
The maximum punishment under normal conditions under Part 3 is up to 5 years of isolation from society, if these hooligan actions resulted in the death of a person or other grave consequences - up to 8 years (Part 5 of the article).
Crimes from other chapters
The Criminal Code contains 2 more crimes, for which hooligan motives are a necessary condition for liability. They are located in different chapters, respectively, the object of encroachment is also different:
- – cruelty to animalsArt. 245. This act violates public morality. Hooligan motives here are one of the alternative conditions for liability. Other conditions - the purpose of the act is to cause pain and suffering to the animal, selfish motives or death, injury to the victim. The most severe punishment for qualifying criteria under Part 2 (sadistic methods, presence of a minor, public demonstration of torture, etc.) is from 3 to 5 years of complete isolation from society.
- Art. 267.1 of the Criminal Code of the Russian Federation - committing actions that pose a threat to the safe operation of transport. In relation to this article, they are understood as any actions that result in a threat to the safety of people, their property, transported goods or the transport itself (for example, some time ago, cases of blinding pilots with laser pointers became more frequent). This act was included in the Criminal Code relatively recently - in April 2021. Such an act can result in up to 2 years in prison for the perpetrator.
What role does the motive for the crime play?
Hooliganism and crimes committed with hooligan motives are carefully studied by specialists. Only after the corpus delicti have been analyzed will it be possible to draw certain conclusions. The fact is that all the crimes listed above are, first of all, an encroachment on various generic and specific objects. Very often the crime is related to causing harm to health or depriving an object of life; in another case, the crime may be committed with the aim of causing damage to property.
Modern tendencies
Every year, more and more crimes are violent. That is why, for many years, crimes committed with hooligan motives have occupied the main attention of the police, being among the most difficult for normal qualifications. They differ first of all in that they can be committed anywhere: on the street, in the domestic sphere, even in the family. Places where conflicts can break out between people can become places where a crime committed out of hooligan motives has occurred. Similar trends are becoming more common.
However, there is one more feature that can spoil the picture of such crimes. Quite often it is simply unclear whether these are hooligan motives or not, since there may be no conflict. In such cases, the elements of the case have to be compiled according to how the attacking person or group of people perceives the current situation. All this makes it very difficult for law enforcement agencies to find out whether such a qualifying feature really existed or not.
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:
- 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.
- Infliction of grievous bodily harm – paragraph “e” of Part 2 of Art. 111. The maximum penalty is up to 10 years in prison.
- 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.
- 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.
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.
Motive as a qualifying feature
In many crimes, hooligan motives are a separate qualifying feature. And if it is proven that the crime was committed precisely because of hooligan motives, then the punishment will be harsher. And this is understandable. The person simply went against the foundations of society, without having any grounds for this, and at the same time directed his actions against other people or their property.
Let's take several crimes for comparison. Each of them has a punishment in the form of imprisonment, and sometimes it is the only one, and there are no other alternatives. Let's compare how the term changes depending on the motives for committing criminal acts.
Article of the Criminal Code of the Russian Federation | Term of imprisonment for actions without qualifying characteristics | Term of imprisonment for actions committed out of hooligan motives |
Art. 105 Murder | from 6 to 15 years | from 8 to 20 years |
Art. 111 Intentional infliction of grievous bodily harm | up to 8 years | up to 10 years |
Art. 167 Deliberate destruction of property | up to 2 years | up to 5 years |
Criminal law
At the moment, hooligan motives in the Criminal Code of the Russian Federation most often act as just one of the qualifying criteria. They are aimed at toughening the punishment for the crime, because the attack occurs with a noticeably increased public danger.
However, it is at this stage that new difficulties arise. In practice, no explanation has been given of what exactly should be understood by deliberate hooligan motives. It is not even determined what motives can lead to the commission of such crimes. That is why criminologists have recently been trying to understand what exactly to perceive and what meaning to put into this term.
Hooligan motives and hooliganism - differences
A detailed explanation of what hooliganism and hooligan motives are is given in Resolution No. 45 of the Plenum of the Armed Forces of the Russian Federation. In paragraph 12 of this resolution, it is stated that courts and other professionals who are involved in law enforcement activities must distinguish between these two concepts. Here are the main factors that are necessarily present in hooligan motives:
- The presence of direct intent on the part of the offender;
- The purpose and direction of the action is against a person or against property;
- The offender’s motives are absent or insignificant;
- There are certain circumstances of the crime.
Hooligan impulses are not hooliganism
A more detailed explanation of both the crime of hooliganism and hooligan motives was given by the Plenum of the Armed Forces of the Russian Federation in its Resolution No. 45 dated November 15, 2007. In particular, according to paragraph 12 of this document, courts and other persons engaged in law enforcement activities should distinguish hooliganism from other criminal offenses acts, the qualifying feature of which is hooligan motives.
Determining factors for distinguishing hooliganism from hooligan motives | Content of a crime committed out of hooligan motives |
The content of the perpetrator's intent | Direct intent required |
The direction of his actions, his ultimate goal | The criminal act is directed either against a person or against property |
Motives of the criminal | The crime was committed without a reason or for a minor reason |
Circumstances under which the act was committed | Other important circumstances |
Historical reference
In order to understand the history of the formation of this term, it is worth, first of all, to correlate the concepts of “hooliganism” and “hooligan motives”. Hooliganism is currently a completely separate crime, which is punishable under Article 213 of the Criminal Code of the Russian Federation. However, it was first legislated back in 1922, giving it a definition.
Over the following years, the introduced concept was modified until it settled in its current meaning. The concept of crimes based on hooligan motives appeared slightly later, but for a long time it was used exclusively in judicial practice. It was not officially applied in laws for a long time, since a final definition that could be universally understood simply could not be developed.
The first attempts to substantiate the concept of hooligan motives in the Plenum of the Supreme Court appeared in 1925 and applied exclusively to one crime - murder. It was believed that the motive for such crimes included jealousy, greed or other base motives.
Only in 1960 was an attempt made to introduce this term into the article on murder as a qualifying feature. Thus, murder for hooligan motives began to be considered the most serious crime against a person’s personality.
In subsequent years, it was hooligan motives that became the distinguishing feature that determined the boundary between the concept of hooliganism and crimes directed against the individual. This is how, for the first time, the subjective side of hooliganism itself was incorporated into the concept of this term.
Acts with characteristic hooligan motives
In addition to the articles in which hooligan motives are either mandatory or an aggravating feature, which is directly stated in the articles themselves, the Criminal Code contains several rules on crimes for which such motives are most characteristic. These are, for example, the following criminal offenses:
- Vandalism (Article 214 of the Criminal Code of the Russian Federation) - desecration of buildings, structures, etc., damage to property in public places and on public transport. In the absence of qualifying signs, such actions are punishable by arrest for up to 3 months.
- Destruction or damage to objects of cultural heritage, etc. (Article 243 of the Criminal Code of the Russian Federation). The maximum penalty is up to 6 years in prison.
- Desecration of the bodies of the dead and their burial places (Article 244 of the Criminal Code of the Russian Federation) - damage, desecration of burial places of cemetery buildings for funeral or memorial rituals, grave structures, mockery, insulting mockery of dead bodies. In the absence of the qualifying criteria specified in Part 2 of the article, such actions may entail a penalty of arrest for up to 3 months.
The difference between hooliganism and vandalism
How to legally correctly distinguish between hooliganism and vandalism follows from paragraph 15 of the said resolution of the Plenum of the Supreme Court. According to the document, the key difference between hooliganism and vandalism is that the consequences of the latter are damage to property through desecration of buildings and other structures or damage to property in public places (including transport).
In cases where the perpetrators, according to the conclusions of law enforcement officers, committed acts containing signs of both vandalism (Article 214 of the Criminal Code of the Russian Federation) and hooliganism, the act must be qualified under the combination of both articles of the Russian Criminal Code.
20.03.2018
Grounds for refusal to initiate a case
The criminal procedure law includes a comprehensive list of grounds under which a criminal case is not initiated, and if it has already been initiated, then it is subject to termination. When considering crimes whose qualifying feature is hooligan motives (including murder, beatings), it should be borne in mind that the suspect or accused will not be charged with this qualifying feature if during the preliminary investigation or later it turns out that:
1. The initiator of the quarrel was the victim.
2. The reason for the crime was the unlawful behavior of the victim.
3. There was an adversarial relationship between the offender and the victim.
In all of the listed cases, the culprit will not have these motives, that is, when he is brought to justice, this aggravating feature will not be part of the crime.
A combination of hooliganism and hooligan motives
The above concepts are not mutually exclusive. The offender can be held accountable for hooliganism, that is, an act established by Art. 213 of the Criminal Code of the Russian Federation, and at the same time for a crime provided for by another norm and containing the sign “out of hooligan motives”.
A simple example of such a case is when the culprit causes significant damage to the property of the victim for hooligan reasons and at the same time commits other actions by which he violates public order and expresses clear disrespect for society. As the Supreme Court explained, when considering such cases, the qualification of criminal actions must be made as under Art. 213 of the Criminal Code of the Russian Federation, and under Part 2 of Art. 167 of the Criminal Code of the Russian Federation.
Arbitrage practice
There is a huge amount of judicial practice in cases with hooligan motives under Art. 213 of the Criminal Code of the Russian Federation as one of the signs. Moreover, it cannot be said that they were all correctly qualified. The lack of understanding by the investigator and the judges of the psychology of a person and an individual (namely the guilty person) leads to the fact that they simply cannot understand his motives, which seem completely natural to him.
Hooligan motives at their initial level are quite different from the standard ones. Even in crimes, they can often be simply ridiculous or absurd in nature, which gives reason to think that there is simply no motive. However, at a deep level it is always there - opposing oneself to society, drunken prowess, manifestation of brute force or cruelty, disregard for moral standards. All of these are the same viable motives that simply remain incomprehensible to many people. The need to prove yourself in some way, not even in the eyes of other people, but in your own. All this cannot be discounted under any circumstances.
Hooligan murder
If a person commits murder and hooligan motives are established, the punishment will be more severe. The reason is that he not only took someone’s life, but committed a crime against the background of hatred towards the whole world and towards the whole society.
Murder in this case is opposed to established law and morality. A person who is in such a state does not value human life, in principle. It is very easy to hurt him if, for example, he is intoxicated. He can commit murder with a simple nudge, remark or smirk. Everything that an ordinary person does not pay attention to can become a motive for murder for another.
It is for this reason that when investigating a murder, it is important to conduct as thorough an investigation as possible, taking into account many factors. It is important to understand how the criminal act was committed. For example, if during the investigation it becomes clear that the murdered person attacked first, it is impossible to convict the perpetrator based on hooligan motives.
Types of crime
Crimes committed out of hooligan motives can be of the following types:
- In the first case, crimes can be presented in the form of an ordinary assault.
- In another case, this may already be a specific act that is aimed at something or someone.
In any case, hooliganism is most often carried out by persons who are drunk and at the same time trying to cause external destruction and damage. They may manifest themselves in violent actions towards other persons, but it should also be noted that this is not a mitigating circumstance.
Damage to property
Damage to property based on hooligan motives is considered a fairly common type of crime. In order for the offender to be convicted taking into account this factor, you will need to pay attention to the following points:
- The act resulted in severe damage or destruction of property;
- There are consequences for the wrongful act;
- There are motives that led to the offender destroying property.
It is in the presence of these factors that the difference between direct hooliganism and hooligan motives is most clearly manifested. For example, if property is completely destroyed and cannot be restored, the offender will be charged with hooliganism. If the property is subject to restoration, the crime will most likely be considered as committed against the backdrop of hooligan motives.
Such crimes can have a variety of consequences. And they must be taken into account in court:
- Causing harm to health;
- The victim has lost housing or lost funds;
- The organization or enterprise has ceased its activities;
- Buildings and, accordingly, people lost the opportunity to receive water, gas, heating and electricity.
Categories of criminals
There is a certain qualification of criminals who have committed crimes based on hooligan motives. As a rule, these are the following types and categories of persons:
- People with an unstable psyche with signs of violence and a complete lack of positivity. Usually they do not commit significant actions, but at the same time they are guilty of many minor offenses that can be classified as immoral.
- People who have many bad habits that they don’t even try to get rid of. The most common is alcoholism. This is what usually leads to the commission of a criminal violation.
- Violently recurrent type of people. These are persons who were previously convicted of crimes with hooligan motives and received appropriate punishments. They basically lead an antisocial lifestyle, which is simply necessary for their existence. They commit new crimes very easily and also bear the prescribed punishment without strain.
- Dangerous repeat offenders. These are people previously convicted of violent crimes. The personality of such people is usually very deformed; they have no moral culture and cannot exist in society.
Conviction of the perpetrators
Crimes with hooligan motivation are characterized by such immutable factors as insolence, rudeness and disregard for society!
All this manifests itself quite clearly and cannot but go unnoticed. It is for this reason that it is so important to normalize judicial practice and theory in this area. It is important to understand that conviction for these violations is not due when there is no clarity of motive, but when there are facts of gross violation of law and order.
Crimes associated with hooligan motives must necessarily involve violence. It is very closely related to hooliganism!
The judge must understand that if the motive is not clear, a crime still exists and should not be ignored.
Very often, to establish the exact guilt of the offender, they are sent for a psychiatric examination. A specialist can easily determine whether there is a hooligan motive in the criminal’s actions or whether he was driven by another motive.
If a hooligan motive is identified, completely different articles of the Criminal Code will be used to determine punishment. The reason is that in most cases they involve violence and are carried out on the basis of such motives as:
- Jealousy.
- Revenge.
- Necrophilia.
- Sadism.
An outsider or an illiterate person simply will not be able to recognize such signs. Even the criminal himself often does not see them. Nevertheless, they are always there, just hidden very deep inside.