Article 213 of the Criminal Code of the Russian Federation Hooliganism comments and features

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.

Corpus delicti

• Subjective side
  . It differs mainly in that there is direct intent in the actions, as well as the desire of the accused to show opposition in his actions, to oppose himself to society. Often, hooligan actions contradict various kinds of norms established in society - moral, ethical, etc. If the actions are proven to obey only the personal motives of the offender, then the crime can no longer be classified as hooliganism. Accordingly, the proceedings will take place under a different article.
• Objective side
  . From the objective side, the actions committed within the framework of the crime and their characteristics are considered. First of all, actions must be active and involve violations of the established public order. These actions are usually accompanied by violence and outright disrespect for society and its rules.

The subject of hooliganism is an individual who has already reached the age of 14 years. Both public order and the inviolability of an individual person become the object of the crime.

What does it mean not to be allowed to work based on the results of a medical examination?

If a doctor, during a medical examination, reveals contraindications to the employee’s performance of work functions, he is obliged to notify the employer about this. The latter, in turn, must not allow the employee to work and issue an appropriate order about this (according to the norms of Article 76 of the Labor Code of the Russian Federation).

Read more about the removal of employees from performing their duties in the material “Removal from work under the Labor Code of the Russian Federation - procedure and grounds .

How does the Criminal Code of the Russian Federation interpret it?

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The object of the crime is public order, which is characterized by the norms adopted in each specific state.

A potentially dangerous act directed against one or more members of society using weapons or any objects that can harm human health is characterized as hooliganism.

It is important to know: a group action is an aggravating circumstance.

It is necessary to separate the meanings: the action of a group during hooliganism (Article 213 of the Criminal Code of Russia) and the creation of mass riots by a crowd (Article 212 of the Criminal Code of the Russian Federation).

Article 213 contains 3 points that characterize the crime as responsibility increases:

1. Neglect of moral principles accepted in the state in relation to a stranger or group of people with the use or threat of using weapons.
2. Similar actions performed by a group, with pre-agreed actions. Also resistance to government officials trying to stop the crime.
3. The use of explosives during socially dangerous acts.

If suddenly you didn’t already know, then we advise you to read the article on liability for knowingly false denunciation (Article 306 of the Criminal Code of the Russian Federation).

Article 213 of the Labor Code: review of content with comments for 2021

The article in question of the Labor Code of the Russian Federation establishes and regulates the procedure for employees to undergo mandatory medical examinations.

In Art. 213 of the Labor Code of the Russian Federation is determined by:

• cases where medical examinations are required;
• types and purposes of medical examinations;
• the possibility of introducing additional conditions for medical examinations;
• the need for additional tests and examinations;
• the need for medical examinations for psychiatric reasons;
• source of financing for these medical activities.

In Art. 213 of the Labor Code also makes reference to the current federal legislation regarding the standardization and regulation of medical examinations. The main document is the new order of the Ministry of Health and Social Development dated January 28, 2021 No. 29N, which approved the procedure for conducting mandatory examinations (hereinafter referred to as the Procedure for conducting medical examinations). This document came into force on April 1, 2021 and is valid until April 1, 2027.

Read more about state regulation of labor protection in the article “State regulatory requirements for labor protection .

Comments on 213 and examples

Due to the prevalence of the problem, Art. 213 of the Criminal Code is the subject of intense judicial practice and mandatory comments.

The distinction between independent action and hooligan motives as a sign is brought to lower courts by regional courts and the Supreme Court of the Russian Federation.

According to the explanations of the Plenum of the Supreme Court, set out in Resolution No. 45 of 2007, even the use of a toy gun constitutes an event under Article 213 of the Criminal Code. The Resolution also contains an explanation that the use of real weapons, including homemade structures, entails additional imputation under Art. 222 of the Criminal Code, if there is illegal possession of these funds.

The resolution contains an indication of the difference between a criminal offense and a minor administrative offense of the same name and an order to the courts, in the absence of circumstances that allow establishing a criminal act, to qualify the act according to the Code of Administrative Offences.

Thus, in 2010, the Kozmodemyansk City Court of the Republic of Mari El convicted under Art. 213 of the Criminal Code of citizen Loskutov, who fired from an air rifle from the balcony of his apartment and aimed at the forearm of the woman below. Obviously, an air gun is not the kind of thing to charge 222, but the one to charge 213.

Alcohol intoxication is not necessary for a misdemeanor to occur, but if the offender was drunk, this may be considered an aggravating circumstance. In many cases, alcohol is a companion to breaking the law.

Insult is an administrative offense, and therefore does not in any way affect the qualification of a criminal offense.

In practice, sentences for Article 213 regularly include the following accompanying charges:

• 317th (attack on the life of a law enforcement officer);
• 318th (violence against a government official);
• 319 (insulting a government official).

Article 213 does not apply if the police initially suppressed a minor violation (20.1 of the Administrative Code), which led to a criminal encroachment on the management order.

Do you need the help of a lawyer under Article 213 of the Criminal Code of the Russian Federation?

Some citizens underestimate Article 213 of the Criminal Code of the Russian Federation, however, as we see, sanctions for this crime can be very harsh. Moreover, it is worth considering that Russian courts quite often impose punishments not in the form of corrections or fines, but in the form of imprisonment.

A person suspected or accused of hooliganism should definitely enlist the support of a competent criminal lawyer . An experienced specialist uses all legal possibilities to help his client, if not free himself from punishment, then significantly mitigate it.

Thus, a lawyer, if there are legal grounds, can achieve:

1. Completion of criminal prosecution or criminal case at the stage of preliminary investigation (for example, due to the non-involvement of the principal in the events that occurred).
2. Termination of a criminal case and release from criminal liability in connection with the payment of a court fine, reconciliation, active repentance in accordance with the requirements of Chapter 11 of the Criminal Code of the Russian Federation (with the imputation of Part 1 of Article 213 of the Criminal Code of the Russian Federation, if the crime is completely new).
3. An acquittal in the case.
4. Reclassification of the act according to Article 20.1 of the Code of Administrative Offenses of the Russian Federation.
5. Reclassification of the act from Parts 2 and 3 to Part 1 of Article 213 of the Criminal Code of the Russian Federation, which provides for a more lenient punishment.
6. Assigning the most lenient punishment, not related to placement in a colony.
7. The sentencing is below the minimum limit.

Since Article 213 of the Criminal Code of the Russian Federation contains rather vague criteria for determining actions that constitute the objective side of hooliganism, even with extensive judicial practice, the decision to bring a citizen to criminal liability often acquires a subjective connotation.

The lawyer’s task is to collect irrefutable evidence, build an impeccable line of defense and, ultimately, convince the court of the defendant’s innocence or ensure that the least punishment is imposed.

Order a lawyer's services

If you or your loved one is facing Article 213 of the Criminal Code of the Russian Federation, contact the specialists of the Trial Lawyer Law Firm. We will advise you on the initial steps and will do everything possible to protect you when entering into an agreement!

Reasons for committing a crime against public order

The offense has reasons:

• disagreement with the political views of the victims;
• different ideology;
• racial rejection of the rights of people of different skin color;
• hatred of people of other religions;
• hostility towards representatives of different nationalities;
• belonging to a hostile group.

At the same time, the following signs are not characteristic of hooliganism:

• preliminary acquaintance with the injured party;
• crime planning;
• personal material interest.

If the offense contains at least one similar sign, then classifying the act as hooliganism is a wrong conclusion.

What is hooliganism under the law?

To suppress unrest, the Russian legislator established liability under Article 213 of the Criminal Code. Domestic jurisprudence classifies hooliganism as a moderately dangerous offense.

In the original version of 1996, the Criminal Code defined hooliganism as a gross violation of public order, while the use of violence or a clear plausible intention to use it, as well as damage or complete destruction of property, was considered mandatory. However, in 2003, the article for hooliganism of the Criminal Code of the Russian Federation underwent changes: the mandatory condition of violence or damage to property disappeared, what remained was clear disrespect for society, which must be accompanied by two signs: the use of weapons or the motive of hatred towards any group of people.

Depending on how many people participated in hooliganism (one person or more), the first or second part of the article applies.

In the new edition, a feature of the crime was an additional qualification - with the use of explosives. When publishing new editions of the Criminal Code, the publisher usually prints a table of changes, so we can find those editions in which the introduction of a new norm was indicated.

The legal concept of an object used as a weapon may include a bat, a stick, a chain, etc. (see below).

A schoolchild who “hooligans” in the entrance with a lighter, a restless neighbor from an adjacent apartment who brings home noisy companies, are not criminals within the meaning of Article 213, if they do not use weapons and do not express hatred towards any social group.

The formal sign of a crime is not yet sufficient for imputation if there is no public danger. If a person deliberately violates the norms of behavior and does this in one of the ways listed in the Criminal Code, the punishment can reach 8 years in a colony. (The regime is chosen by the judge taking into account recidivism and other circumstances.)

Article 213 of the Criminal Code has a similar norm - “petty hooliganism” in the Code of Administrative Offenses.

The differences between criminal and administrative torts are as follows:

• a minor event poses little danger to society;
• a minor event does not have the mandatory characteristics prescribed in the Criminal Code.

The difference between these two violations of the law is also stated in the Resolution of the Plenum of the Supreme Court (see below)

Starting from 2021, bills to change the norm have not yet received positive feedback from experts and the legal scientific community, so the structure of the article as a whole has become established. In the future, it is expected that practice will accumulate and be processed by scientists and higher courts.

An object

It is order in society. It can be considered as a complex, a system of interactions between people, the rules of their behavior, social life, established in regulations, customs, morals, and traditions. Public order is the established social state of the population, ensuring an environment of calm, inviolability and security of the individual, integrity of property, stable functioning of various institutions (state and social). An additional object of encroachment may be the health, dignity, and honor of persons, including those suppressing violations.

Arbitrage practice

The criminal legal characteristic of hooliganism is a violation of order. Judicial practice is extensive.

Examples of cases:

• Citizen E. was in the main square on City Day. He drank a lot, tried to attract attention to himself, first by shouting towards the presenters, but then he climbed onto the stage and began to insult everyone in public. The police grabbed him and took him away, but on the way he tried to escape and resisted. For this he was brought before the court. He received a fine for his hooligan behavior.
• Citizen V., being drunk, wanted to take revenge on her ex-husband, took a knife and went to threaten him. She screamed under his windows, woke up the whole house, and then slashed the car tires. For this she was arrested and tried under articles for hooliganism and damage to property. She received 2 years probation and a fine.
• Citizen Z. quarreled with a girl and began to look for a way to take revenge on her. He found out that she was in the park with a friend, went there and began to publicly insult her. She did not react, then he approached her and grabbed her by the hair, dragging her along the asphalt. As a result, the girl had significant skin lesions. Z. was arrested and investigated. He appeared before the court soon and received 3 years of probation and forced labor.

What decisions are made under Article 213?

Penalties for hooliganism vary from fines to arrest. In 2021, there were 719 cases under this article, of which 563 were under the first part. As a result, 185 people were arrested, 349 received suspended imprisonment, 1 received restriction of freedom, 27 received a fine, 50 received correctional labor, and 92 received mandatory sentences. 27 were declared insane.

What are aggravating and mitigating circumstances?

The article considers malicious hooliganism to be a crime that will severely violate public order. This is an aggravating circumstance. It can also include conspiracy, an organized group, resistance to authority, and the use of explosives.

Comments on Article 213

The article “For hooliganism” of the Criminal Code of the Russian Federation, and what it threatens, is described in 3 parts. The main object is order in society, the additional object is human health and property.

Comments:

1. The objective side is a violation of order, disrespect for society, accompanied by the use of weapons or objects as weapons.
2. Place of occurrence - public places, transport, sparsely populated or deserted (apartment, forest).
3. Signs of hooliganism are the use of weapons or objects for use as weapons, disrespect for society. It is they who distinguish criminal hooliganism from petty hooliganism, accompanied by the destruction or damage of other people's property (administrative liability).
4. Public order is a system of rules of behavior established by law and customs. Gross violation - causing significant damage to the interests of society, the individual, a malicious violation of morality. This is a disturbance of the peace, blows, public insult or mockery of one or more persons, desecration of recreational facilities, disruption of an event.

Clear disrespect is manifested in actions against any person. Actions are motivated not by personal hostility, but by the desire for a public demonstration of disregard for norms.

Weapons are devices or objects designed to hit a target or send signals. It is divided into firearms, cold, and gas. Items used in the form of weapons are knives, axes, stones, sticks. It does not matter whether they were specifically designed to cause harm (sharpening points, bats, bicycle chains, heavy bottles).

The use or attempt to use weapons also covers cases where their use poses a threat to life. Attempted use is not only real actions when they are aimed at causing harm, but also when their use poses a threat to life. The mere fact of having a weapon is not grounds for liability under this article.

If hooliganism involves causing death or serious harm, then the crime is classified under 105 or 111 articles. A combination with hooliganism is possible when there is a real combination of crimes - hooligan acts are committed along with murder. The subjective side is intentionality. The subject realizes that he is disturbing the order.

Hooliganism does not include insults, beatings, mild or moderate harm to health, committed against acquaintances, relatives, colleagues, motivated by personal hostility. Such actions become hooliganism if, along with the direct intent to cause harm, there is an intent to disrupt order. The perpetrator does not have a specific goal, but understands that this is inevitable and treats the consequences with indifference, which is disrespectful to society.

Subject is a sane person over 16 years of age. In the second part he may be over 14 years old. In Part 2, aggravating circumstances are: conspiracy of a group of persons, organization of a group, resistance to a representative of authority or a representative of order. Resistance is disobedience to the legal demands of a person to refuse to stop his actions, as well as active opposition.

Providing resistance with the use of violence is covered by Part 2 of the article and does not require additional qualifications under Article 318. If violence is dangerous to the life of a representative of the authorities, then Part 2 of Art. 318 is applied. Criminal Code of the Russian Federation. Part 1 of the article describes a crime of medium gravity, while Part 2 describes a serious crime.

Sentence under Art. 213 Part 2 of the Criminal Code of the Russian Federation Hooliganism committed by a group of persons by prior conspiracy or by an organized group or associated with resistance to a government official or another person performing duties for the protection of public order...

Case No.

SENTENCE

In the name of the Russian Federation

Kogalym DD.MM.YYYY

Kogalym City Court of the Khanty-Mansiysk Autonomous Okrug-Ugra composed of the presiding judge FULL NAME5,

with the participation of the state prosecutor, deputy prosecutor of the city of Kogalym, FULL NAME6,

defendants FULL NAME1, FULL NAME2, FULL NAME3, FULL NAME4,

defender FULL NAME7, who presented warrant No. from DD.MM.YYYY, with the secretary FULL NAME8,

as well as the representative of the victim <address> FULL NAME9, having examined the materials of the criminal case in relation to:

Full name1 DD.MM.YYYY year of birth, native of <address>, <address>, citizen of the Russian Federation, secondary education, married, with a dependent young child DD.MM.YYYY year of birth, working in <other data> as a taxi driver , liable for military service of the GVK of the city of Kogalym, registered and residing at the address of the city of Kogalym <address>, not convicted, accused of committing a crime under Art. 213 part 2 of the Criminal Code of the Russian Federation;

Full name2 DD.MM.YYYY year of birth, native of <address>, <address>, citizen of the Russian Federation, higher education, single, with dependent four young children DD.MM.YYYY year of birth, DD.MM.YYYY year of birth, DD.MM.YYYY year of birth, DD.MM.YYYY year of birth, working <other data> as a freight forwarder, liable for military service of the GVK of Kogalym, registered and residing at <address>, not previously convicted, accused of committing a crime under Art. 213 part 2 of the Criminal Code of the Russian Federation;

Full name3 DD.MM.YYYY year of birth, native of <address>, <address>, citizen of the Russian Federation, secondary education, married, with dependent two young children DD.MM.YYYY year of birth, DD.MM.YYYY year of birth, working in <other data> as an assistant driller, liable for military service in the city of Kogalym, registered and residing at <address>, not convicted, accused of committing a crime under Art. 213 part 2 of the Criminal Code of the Russian Federation;

Full name4 DD.MM.YYYY year of birth, native of <address>, <address>, citizen of the Russian Federation, secondary education,

married, with a dependent one young child DD.MM.YYYY year of birth, working as an operator in <other data>, liable for military service of the GVK of the city of Kogalym, registered and residing at <address>, not convicted, accused of committing a crime under Art. 13.2 of the Criminal Code of the Russian Federation;

INSTALLED:

DD.MM.YYYY, by prior agreement, FULL NAME1, FULL NAME2, FULL NAME4, FULL NAME3, in a place unidentified by the investigation, entered into a criminal conspiracy to cause wanton intentional infliction of bodily harm of varying severity to unfamiliar FULL NAME10, and FULL NAME11 with the use of weapons - a gas-traumatic pistol, as well as objects in the form of baseball bats , metal pipe used as a weapon. For this purpose, Full Name4, Full Name1, Full Name2, and Full Name3, knowing in advance the location of Full Name10, and Full Name17., DD.MM.YYYY, at about 11 hours 16 minutes they arrived in a car No. state registration plate No. under the control of Full Name4, to the territory <other data > located at <address> in <address>, where they saw on the porch of the specified dining room <other data> and FULL NAME11 and FULL NAME10 going down the stairs. After which Full Name4, Full Name1. FULL NAME2 and FULL NAME3, acting deliberately from hooligan motives, with the aim of causing bodily harm, FULL NAME11 and FULL NAME10, grossly violating public order with the use of weapons and objects used as weapons, taking into their hands the instruments of crime that they had prepared in advance, they left the car and ran towards the latter.

FULL NAME10, who was walking last, noticing an armed approaching group of people, disappeared inside the canteen building <other data>, and FULL NAME11, remained in place late noticing the danger. Further, FULL NAME4, FULL NAME1, FULL NAME2 and FULL NAME3, continuing to implement their joint criminal intent, acting in concert and together, realizing and understanding that their actions can be observed by strangers, as well as employees <other data>, being in a public place on the territory of the operating organization , thereby disrupting the normal functioning of a general purpose enterprise, in the daytime, showing their disdain for society, grossly violating public order and clearly disregarding public norms of behavior and morality, they demonstratively began hooliganism with the use of weapons and objects used as weapons.

FULL NAME1, acting in accordance with their criminal conspiracy, holding in his hands a pistol, a gas-traumatic weapon of non-combat purpose, of an unspecified modification, creating a real danger to life and health with the aim of causing bodily harm of varying severity, intentionally fired a shot from this pistol in the chest area FULL NAME11

FULL NAME12, acting in accordance with their criminal conspiracy, with the aim of causing bodily harm of varying severity, intentionally, with a baseball sports bat in his hands, using it as a weapon, struck in the back on the upper part of the body FULL NAME11 and knocked him to the ground, after which he dealt one blow a kick to the buttocks area, a blow to the right shin with a baseball sports bat, four kicks to the head and face, one blow to the thighs with a bat FULL NAME13. ?

FULL NAME4, acting in accordance with their criminal conspiracy, intentionally, with the aim of causing bodily harm of varying severity, holding a baseball sports bat in his hands and using it as a weapon, while on the ground in a prone position, FULL NAME11, struck three or more blows to the body and to the thigh area area and area of ​​the shins of both legs FULL NAME11

FULL NAME3, acting in accordance with their criminal conspiracy, deliberately with the aim of causing bodily harm of varying severity, approached FULL NAME11 lying on the ground, and holding in his right hand a piece of metal pipe about 45-50 centimeters long, using it as a weapon, struck one blow to the thigh area the last one.

After which FULL NAME1, in continuation of a single criminal intent, with the aim of causing bodily harm, approached FULL NAME11 lying on the ground and holding a pistol in his right hand - a gas-traumatic weapon for non-combat purposes, of an unknown modification, deliberately fired an unspecified number of shots, but not less than three times per body full name11

Then, who was nearby, FULL NAME2, guided by a general criminal intent aimed at causing bodily harm, FULL NAME11, deliberately inflicted one kick in the area of ​​his face, one kick in the area of ​​the buttocks, one kick in the area of ​​the head, FULL NAME11

Further, wanting to achieve the end result of a joint criminal conspiracy, FULL NAME3, holding in his hands a piece of a metal pipe about 40-45 cm long, using it as an object as a weapon, understanding and realizing that he is in a public place, and also that his actions are being watched strangers and employees <other data>, thereby neglecting public opinion and expressing disrespect for the established legal order, disrupting the normal functioning of a general purpose enterprise, went to the central entrance of the administrative building <other data>, where continuing to grossly violate public order, demonstrating this item to the security guard <other data> FULL NAME14, acting as a guardian of internal public order in the organization and trying to prevent the penetration of FULL NAME3 into the building by locking the front door.

Approaching the central entrance of the building <other data> FULL NAME3, acting deliberately out of hooligan motives, using an object in his hands as a burglary weapon, he damaged the door leaf and glass of the front door at the location of the locking device, causing by his actions <other data > damage in the amount of 2143 rubles and expressing demands to open the door, he tried to open the door by breaking into it. Security guard FULL NAME14, holding the door by the handle of the locking device of the entrance door from inside the room, noticing that FULL NAME3, continues active actions aimed at breaking the locking device of the entrance door, wanting to minimize the consequences of breaking into and avoid

unwanted negative consequences, opened the door and let FULL NAME3 into the foyer <other details>.

Further, FULL NAME3, guided by a single criminal intent, realizing that by his actions he was disrupting the normal functioning and work of the organization <other data>, grossly violating public order, holding in his hands an object used as a weapon, he began to demonstratively pursue FULL NAME10, who was running away from him, wanting to cause him bodily harm.

FULL NAME10, fleeing from pursuit, ran out of the building <other data> through an emergency exit located on the back side of the building.

FULL NAME3, realizing that his demonstrative hooligan actions lead to disruption and disruption of the normal operation of the enterprise, continued the pursuit of FULL NAME10, and citizens FULL NAME15, FULL NAME16, who were at the scene of the incident and not involved in these hooligan actions, and a third person unidentified by the investigation, were frightened by the sounds of gunfire on the street and ran following FULL NAME3, believing that this is a safe way out of the current conflict between the participants in this incident. The accomplices of hooliganism who remained on the territory <other data> FULL NAME4, FULL NAME1, FULL NAME12, acting intentionally and wanting to achieve the final criminal result of their actions, in accordance with the general agreement to inflict bodily harm FULL NAME10, continued the pursuit of FULL NAME10, together with FULL NAME3, in cars. FULL NAME1, holding a pistol in his hands, a weapon of gas-traumatic action, non-combat purpose, unknown modification, ran in the direction of <address> to catch up with the person running out of the emergency exit <other data> FULL NAME3, who was pursuing FULL NAME10

FULL NAME4, got into the interior of his car No. state registration plate No., FULL NAME2, without the purpose of stealing a vehicle, got into the cabin of the car No. registration plate No. parked near the building <other data> in which his acquaintance arrived, FULL NAME15

After which, FULL NAME4, and FULL NAME2, drove in these cars about 50 meters in the direction of <address> <address> behind FULL NAME3, FULL NAME1, pursuing FULL NAME10, who ran to the intersection of streets <address> <address>. where FULL NAME3, FULL NAME4, FULL NAME2, and FULL NAME1, aware and understanding that they are in a public place, on the streets of the city, during the daytime, that their actions can be observed by strangers, acting intentionally and wanting to cause bodily harm in a hooligan way, grossly violating public order through their joint criminal actions, using sports baseball bats as weapons, as well as their hands and feet, inflicted FULL NAME10, an unknown number of multiple blows to various parts of his body and head.

According to the expert's conclusion No. from DD.MM.YYYY at FULL NAME10, the following bodily injuries were established - a closed craniocerebral injury, characterized by a concussion; one bruised wound on the lower lip and the area of ​​the left superciliary arch; multiple bruises and abrasions of the face, left hand with soft tissue bruises, which

were caused shortly before going to the hospital, from the impact of blunt hard objects, which could have been a person’s arms and legs and other hard objects. The resulting bodily injuries resulted in: a concussion, a wound to the lower lip and a wound in the area of ​​the left eyebrow - minor harm to health. Abrasions and bruises with soft tissue contusions are regarded as injuries that do not cause harm to health.

According to the expert’s conclusion No. dated DD.MM.YYYY, it was established that FULL NAME11 went to the emergency department DD.MM.YYYY at 12:15, where he was diagnosed with: “Bullet wound of the chest, left thigh. Bruise of the soft tissues of the face." In addition, in FULL NAME13, in the muscles of the upper third of the left thigh, a foreign body is detected, round in shape, with a diameter of 08-0.9 cm.

Defendants FULL NAME1, FULL NAME 2, FULL NAME 4, FULL NAME 3 fully admitted their guilt in the crime and supported their petition for the application of a special procedure for making a judicial decision, which they submitted during the preliminary investigation, explaining that they understand what the essence of the special procedure for judicial proceedings consists of and what are its procedural consequences , the application for the application of a special procedure was submitted voluntarily after consultation with the defender FULL NAME7

The court made sure that the defendants FULL NAME1, FULL NAME2, FULL NAME4, FULL NAME3 are aware of the nature and consequences of the petition submitted by them voluntarily, after consultation with the defender FULL NAME7 who supported the petition of the defendants.

At the request of the defendants, with the consent of the representative of the victim <other data> Full name 9, as well as victims Full name 10, and Full name 11, who did not appear at the court hearing, did not object to the consideration of the case in a special manner, which was confirmed by certified telegrams, the state prosecutor deputy. Prosecutor of the city of Kogalym FULL NAME6 the case was considered in a special manner without a trial.

Having studied the materials of the case, the court comes to the conclusion that the accusation agreed with by the defendants FULL NAME1, FULL NAME2, FULL NAME4, FULL NAME3 is justified and is confirmed by the evidence collected in the case and their actions each qualifies:

according to Art. 213 Part 2 of the Criminal Code of the Russian Federation - hooliganism, that is, a gross violation of public order, expressing clear disrespect for society, committed with the use of weapons and objects used as weapons, committed by a group of persons by prior conspiracy.

When determining the punishment for the defendant, FULL NAME1, the court took into account what he had done, the absence of aggravating circumstances in the case, the presence of a mitigating factor, to which the court includes the presence of a dependent young child DD.MM.YYYY year of birth, as well as his identity: FULL NAME1 admitted guilt, not convicted , works, is characterized satisfactorily at his place of residence, positive from his previous place of work, the crime he committed belongs to the category of serious, representative of the victim <other data> FULL NAME9, victims FULL NAME11 and FULL NAME10 have no claims against him, damage caused <other data> refunded Under such circumstances, the court believes that he can be corrected without actually serving the sentence by applying a suspended sentence to him, Art.

73 of the Criminal Code of the Russian Federation. By assigning FULL NAME1 a suspended sentence of imprisonment, the court proceeded from the fact that it corresponded to the crime and the purpose of the punishment.

When determining the punishment, FULL NAME2, the court took into account what was done, the absence of aggravating circumstances in the case, the presence of a mitigating factor, to which the court includes the presence of four dependent young children DD.MM.YYYY year of birth, DD.MM.YYYY year of birth, DD.MM. YYYY year of birth, DD.MM.YYYY year of birth, as well as the identity of the defendant: Full name 2 no previous convictions, works, place of residence and work is characterized positively, committed a crime classified as serious for the first time, representative of the victim <other data> Full name 9, victims FULL NAME11 and FULL NAME10 have no claims against him, the damage caused by <other data> has been compensated. Under such circumstances, the court believes that he can be corrected without actually serving the sentence by applying a suspended sentence to him, Art. 73 of the Criminal Code of the Russian Federation. When assigning FULL NAME2 a suspended sentence of imprisonment, the court proceeded from the fact that it corresponded to the crime and the purpose of the punishment.

When determining the punishment, FULL NAME3, the court took into account what was done, the absence of aggravating circumstances in the case, the presence of a mitigating factor, to which the court includes the presence of two young children dependent on him DD.MM.YYYY year of birth, DD.MM.YYYY year of birth, as well as the identity of the defendant : Full name3 not convicted, works, from the place of residence is characterized satisfactorily, from the place of work positively, committed a crime classified as serious, representative of the victim <other data> Full name 9, victims Full name 11 and Full name 10 have no claims against him, caused by <other data> damages are compensated. Under such circumstances, the court believes that he can be corrected without actually serving the sentence by applying a suspended sentence to him, Art. 73 of the Criminal Code of the Russian Federation. When assigning FULL NAME3 a suspended sentence of imprisonment, the court proceeded from the fact that it corresponded to the crime and the purpose of the punishment.

When determining the punishment, FULL NAME4, the court took into account what was done, the absence of aggravating circumstances in the case, the presence of mitigating circumstances, to which the court includes a confession and the presence of a dependent young child DD.MM.YYYY year of birth, as well as the identity of the defendant: FULL NAME4 we have not previously been convicted , works, his place of residence is characterized satisfactorily, the crime he committed for the first time is classified as serious. Under such circumstances, the court believes that he can be corrected without actually serving the sentence by applying a suspended sentence to him, Art. 73 of the Criminal Code of the Russian Federation. By assigning FULL NAME4 a suspended sentence of imprisonment, the court proceeded from the fact that it corresponded to the crime and the purpose of the punishment.

The victims, FULL NAME11 and FULL NAME10, in the telegrams they submitted, petitioned for the termination of the criminal case against the defendants for the reconciliation of the parties, arguing that the basis for the crime was personal hostility and the actions of the defendants in such circumstances should be qualified under Art. 115 part 1 of the Criminal Code of the Russian Federation.

The court considers it necessary to leave this petition unsatisfied, since it finds no basis for reclassifying the actions of the defendants, who fully admitted their guilt in committing hooliganism, and the court came to the conclusion that the charges with which they agreed were justified and supported by the evidence collected in the case. According to Article 76 of the Criminal Code of the Russian Federation, a person can be released from criminal liability if he has reconciled with the victim and made amends for the harm caused to the victim, if he has committed a crime for the first time that falls into the category of minor or moderate gravity. The crime provided for in Article 213 Part 2 of the Criminal Code of the Russian Federation is classified as serious. Guided by Article 316 of the Code of Criminal Procedure of the Russian Federation, the court

SENTENCED:

Find FULL NAME1 guilty of committing a crime under Article 213 Part 2 of the Criminal Code of the Russian Federation and sentence him under this article to three years in prison, in accordance with Art. 73 of the Criminal Code of the Russian Federation conditionally with a probationary period of two years.

The preventive measure until the sentence comes into force is left unchanged - a written undertaking not to leave the place and proper behavior.

Oblige FULL NAME1 during the period of serving his sentence not to change his permanent place of residence and work without notifying the specialized government body that exercises control over the probationer.

Find Full Name2 guilty of committing a crime under Article 213 Part 2 of the Criminal Code of the Russian Federation and sentence him under this article to three years in prison, in accordance with Art. 73 of the Criminal Code of the Russian Federation conditionally with a probationary period of two years.

The preventive measure until the sentence comes into force is left unchanged - a written undertaking not to leave the place and proper behavior.

Oblige FULL NAME2 during the period of serving his sentence not to change his permanent place of residence and work without notifying the specialized government body that exercises control over the probationer.

Find FULL NAME3 guilty of committing a crime under Article 213 Part 2 of the Criminal Code of the Russian Federation and sentence him under this article to three years of imprisonment, in accordance with Art. 73 of the Criminal Code of the Russian Federation conditionally with a probationary period of two years.

The preventive measure until the sentence comes into force is left unchanged - a written undertaking not to leave the place and proper behavior.

Oblige FULL NAME3 during the period of serving his sentence not to change his permanent place of residence and work without notifying the specialized government body that exercises control over the probationer.

Find FULL NAME4 guilty of committing a crime under Article 213 Part 2 of the Criminal Code of the Russian Federation and sentence him under this article to three years of imprisonment, in accordance with Art. 73 of the Criminal Code of the Russian Federation conditionally with a probationary period of two years.

The preventive measure until the sentence comes into force is left unchanged - a written undertaking not to leave the place and proper behavior.

Oblige FULL NAME4 during the period of serving the sentence not to change his permanent place of residence and work without notice

a specialized state body exercising control over a conditionally convicted person.

After the verdict entered into legal force, material evidence in the criminal case: 19 paper envelopes with pieces of SCM with traces of hands, microparticles, traces of clothing; three wooden bats; destroy the paper envelopes with two rubber bullets and four shell casings located in the evidence storage room of the Kogalym Department of Internal Affairs; as being of no value, the execution of the sentence in this part, instruct the Kogalym Department of Internal Affairs to report this to the Kogalym City Court within a month. The laser disc with the video recording should be kept in the criminal case.

The verdict can be appealed in cassation to the court of the Khanty-Mansiysk Autonomous Okrug-Ugra through the Kogalym City Court within 10 days from the date of proclamation in compliance with the requirements of Art. 317 Code of Criminal Procedure of the Russian Federation.

Judge: (signature) FULL NAME5

Specifics of the attack

The social danger of acts for which Article 213 establishes liability lies in the fact that when committing crimes, the rights of citizens to dignity, health, honor, their peace of mind, normal conditions of rest and work, life may be violated, the interests of institutions, enterprises, transport and etc. Assault consists of gross disrespect for society, accompanied by the use of any weapon/objects that replace it, or committed for certain reasons. These signs are mandatory. If a violation of order is committed without the use of special means or in the absence of the motives specified in the norm, the provisions of the Code of Administrative Offenses are applied, and not Article 213. The Russian Federation is a rule of law state, the legislation of which clearly differentiates misdemeanors and crimes. If there are no signs of a criminal act in a person’s behavior, then his behavior is considered an administrative violation. Accordingly, the punishment will be less severe.

Kinds

Article 213 of the Criminal Code of Russia characterizes the main types of crime:

1. In a domestic crime, hooliganism is carried out with the use of weapons and other objects that are used to beat a person.
2. The extremist type is distinguished by the presence of a motive for the crime, based on ideological, racial, national, and religious hatred.
3. The mixed type, which has common characteristics, poses the greatest danger due to its unpredictability.

There are subjective and objective reasons that led to the commission of hooliganism.

Objective characteristics:

• a gross violation of the norms of public order accepted in the state. Deliberate violation of the human right to rest at night, rest, preservation of health and life. Committing a crime in a public place;
• opposing oneself to the laws of society, disrespecting and failing to comply with them;
• use of violence against strangers, threat of violence;
• destruction or damage to property not belonging to the hooligan.

The subjective reasons for the manifestation of hooliganism are the offender’s disregard for the rules of public life, impunity for displaying cruelty, arrogance, and outright rudeness. Clear disrespect for moral standards and society is the main sign and danger of a crime.

How are the factors that require a medical examination determined?

In Art. 213 of the Labor Code provides factors in the presence of which working conditions may be hazardous to health and may require medical examinations of personnel.

Such factors are determined through a special assessment of workplaces based on working conditions, taking into account existing industry requirements and the current procedure for conducting medical examinations.

Read more about special assessment of workplaces in the material “Procedure for assessing working conditions in the workplace” .

Investigation methodology

According to Article 213 of the Criminal Code of the Russian Federation, hooliganism must necessarily be accompanied by one of the qualifying signs, otherwise it is considered minor (administrative).

Domestic violence, beating of family members excludes the tort under consideration, since Art. 213 of the Criminal Code provides for an act that encroaches on public order. It occurs when a criminal begins to beat people previously unknown to him simply out of a desire to break the law.

If the fight arose from personal hostility, there will also be no 213th, because the subject of the attack is the personality of the victim, and not the order in a public place. This circumstance allows the lawyer to successfully reclassify Art. 213 at station 115.

If there was long-standing hostility between the accused and the victim, we can make an unambiguous conclusion about the absence of the 213th. If hostile relations arose as a result of an accidental conflict, then there will also be no composition. But if a suspect in one evening staged several independent episodes of attacking people unfamiliar to him, this is an obvious sign of a crime that grossly violates the rules of behavior in society and falls under Art. 213 CC.

Classification of a general concept into an independent crime and into a sign as part of another crime allows you to correctly determine the composition.

During the preliminary investigation, depending on the type of crime, it is necessary to record:

• weapon (item) used for the crime;
• explosive substance or explosive device;
• slogans shouted by criminals;
• number of criminals;
• place of occurrence - transport and infrastructure;
• fact of opposition to persons ensuring law and order.

In the latter case, law enforcement officials mean not only police officers, but also security guards, vigilantes, watchmen, duty officers and ordinary citizens who tried to bring the hooligans to reason.

Thanks to the widespread development of video surveillance systems, illegal actions of hooligans in public places are recorded by video cameras. Since information storage devices tend to overwrite video files after some time, you should receive copies of the files at the very beginning of checking the message, highly preferably in the presence of witnesses.

Confiscation from a suspect of an object that can be used against health (brass knuckles, batons, pipe cuttings) does not yet give rise to a crime. However, if such an object was used to create a threat, and was not even used to inflict beatings or destroy things, this already gives rise to the 213th offense.

Also, the presence of a group of people at the scene of the incident does not mean a composition under Part 2, since only one person can commit specific criminal actions, the rest are nearby, but do not violate the law. In this case, he will be held liable under Part 1. If only one of the hooligans had a weapon, this also does not allow the participants in the incident to be charged with Part 2.

A more serious act - mass riots - is provided for in Art. 212 CC. It encroaches on the very stability of the social order. Since the presumption of innocence requires that any doubt be interpreted in favor of the accused, then if the intent to participate in mass riots is not proven, the accused can only be charged with 213.

In 2010, the Zimovnikovsky District Court of the Rostov Region considered the case of football fans Kamenev and Fedoseyev, who used a traumatic pistol and a hunting rifle in a fight with other fans. They were convicted under Part 2 of Art. 213 of the Criminal Code to suspended sentences. It was possible to prove the facts and their guilt thanks to the seizure of a pistol and a rifle.

In such conflicts between destructive social groups, victims may shy away from testifying. In this case, they must be warned that avoiding giving evidence entails liability in accordance with Art. 308 of the Criminal Code. It should not be difficult for the interrogator or investigator to convince the victim that it is necessary to bring the criminal to justice so that he does not attack other people.

If the suspect refuses to testify on the basis of Art. 51 of the Constitution of the Russian Federation, it is necessary to establish his participation in the events with the help of witness testimony. Thanks to the development of social networks, the search for eyewitnesses of an incident is becoming easier, since eyewitnesses can be found using advertisements in social networking groups, collected according to the principle of belonging to a locality or area of ​​a large city.

Punishment for hooliganism under Article 213 of the Criminal Code of the Russian Federation

The crime under Part 1 of Art. 213 of the Criminal Code of the Russian Federation is a crime of minor gravity. Alternative punishments for simple hooliganism:

1. A fine of 300 to 500 thousand rubles (or in the amount of the income of the guilty person for a period of 2 to 3 years).
2. Compulsory work for up to 480 hours.
3. Correction work for a period of 1 to 2 years.
4. Forced labor for up to 5 years.
5. Imprisonment for up to 5 years.

Crimes provided for in Part 2 and Part 3 of Art. 213 of the Criminal Code of the Russian Federation, relate to serious crimes. Sanctions under Part 2 of Article 213 of the Criminal Code of the Russian Federation are stricter than under the first part of this article:

1. A fine of 500 thousand to 1 million rubles (or in the amount of the income of the guilty individual for a period of 3 to 4 years).
2. Forced labor for up to 5 years.
3. Placement in a colony for up to 7 years.

If in the process of hooliganism a citizen uses explosives or explosive devices, the punishment will only be imprisonment for a term of 5 to 8 years (Part 3 of Article 213 of the Criminal Code of the Russian Federation)

It is noteworthy that, despite the variety of sanctions, Russian courts often prefer to impose suspended imprisonment on guilty persons. Thus, according to the Judicial Department under the Armed Forces of the Russian Federation , in 2021, 530 people were convicted under Part 1 of Article 213 of the Criminal Code of the Russian Federation, of which 223 people received suspended sentences. In second place in terms of “popularity” is placement in a colony: 125 people received such a punishment. As for parts 2 and 3, the number of people convicted under them was 149 people: 73 people received suspended sentences, and 66 people received real sentences.

In this regard, the verdict handed down to football players Kokorin and Mamaev is very interesting. Famous athletes were found guilty of committing crimes under Art. 115 and paragraph “a”, part 1, art. 213 of the Criminal Code of the Russian Federation. Hooliganism was charged against Kokorin and Mamaev in connection with the use of a chair as a weapon when beating the victim. At the same time, the court gave them not a conditional, but a real sentence in the form of imprisonment (for the totality of crimes - 1 year and 6 months of imprisonment); The decisive factor for the imposition of such a harsh sentence, which was out of the general judicial practice, was the position occupied by the defendants in society, in which there has long been a demand for exemplary cruel punishment for Russian eminent athletes, who often behave extremely defiantly outside of sports.

External manifestation of the offense and its object, Art. 20.1 Code of Administrative Offenses

In petty hooliganism, the object is order in society. What does it mean? The objective side is considered to be the commission by a person of an unlawful act that violates the peace of citizens and public order. For example, obscene language in a public place. Petty hooliganism can disrupt order in society in any area of ​​life. This could be an institution, street, store, factory, etc. Simply put, the commission of an offense most often occurs in the presence of people.

To have it, it is not enough to commit it publicly. For example, petty hooliganism is also an obscene inscription on a fence made in the absence of people.

Objective part

Article 213 establishes punishment for gross violation of order for certain reasons or using special means. When characterizing an act, it is necessary to study the place, time, method of action, duration, intensity and other circumstances. Violations can be directed at a specific person or at an indefinite number of persons. Article 213 contains such an evaluative concept as obvious disrespect. This sign characterizes the inner essence of the behavior of the culprit. Clear disrespect is usually expressed in the deliberate failure to comply with generally accepted rules and moral standards. As a rule, in such situations, the perpetrator opposes himself to others, demonstrating a disdainful attitude and showing brute force.

What is hooliganism

• . This includes the most harmless and low-risk actions. Statistics show that these crimes are most often committed by teenagers. This crime, for example, includes quarrelsome language with others (and sometimes among themselves), harassment of third parties, etc. The main basis for interpreting certain actions of this type is a real violation of public order, that is, there should be complaints from people that they are being disturbed by certain persons. Based on the results of the investigation of the case, the accused are assigned administrative responsibility.
• Criminal hooliganism
  . These actions are also distinguished by the fact that they violate public order, however, unlike small ones, they are more dangerous, can be carried out by an organized gang and cause real harm to dozens of people. Very often, such hooliganism encroaches on public safety, which determines such serious responsibility for committing this.

Please note that different types of hooliganism will be punished under different legislative documents. Thus, petty hooliganism is regulated through the Administrative Code, and “major” hooliganism is regulated through the Criminal Code.

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Summary of the case:

The criminal prosecution against my client and other participants was terminated due to the lack of corpus delicti, that is, under paragraph 2 of Part 1 of Art. 24 Code of Criminal Procedure of the Russian Federation.

PS The explanations of the courts given in this article make it possible to correctly assess the situation for the presence of the crime in question and implement them during the defense in similar situations. By the way, there is a lot of judicial practice on hooliganism, and this composition is not simple from the point of view of proof, and accordingly there are maneuvers for the defense.