of March 24, 2005 No. 1
About court practice on criminal cases about hooliganism
Having discussed practice of consideration of criminal cases about hooliganism, for the purpose of ensuring the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus
1. Draw the attention of courts that hooliganism is one of the most dangerous and widespread crimes against the public order and public morality which are quite often promoting making of more serious crimes.
During legal proceedings of criminal case about hooliganism it is necessary to provide comprehensive, complete and objective investigation of all circumstances on each episode of accusation and concerning each person accused, clarification of motives of crime, the availability of intention of person on disorderly conduct this about the personality and other circumstances on which depend establishment of fault, qualification of crime, assignment of punishment.
2. Courts should consider that the hooliganism attracting responsibility according to p.1 Art. 339 of UK such intentional actions which not only roughly disturb the public peace are recognized and express explicit disrespect for society, but also are followed by use of violence or threat of its application either destruction or damage of alien property, or differ on the content in exclusive cynicism.
At the same time it must be kept in mind that use of violence or threat of its application or destruction or damage of alien property, and equally in the actions differing on the content in exclusive cynicism can how to accompany the acts which are roughly disturbing the public peace and expressing explicit disrespect for society and to act as independent form of gross violation of public order and manifestation of explicit disrespect for society.
3. Gross violation of public order can be expressed in making of such actions which entailed failure of mass action, the temporary termination of normal activities of organization, company, public transport, etc., and also damnification to health, legitimate rights and interests of the person. These acts can be shown in the long and persistently not stopping violation of public tranquility, destruction or damage of property, beating of the victims.
Explicit disrespect for society is characterized by notorious neglect the guilty person the commonly accepted standards of behavior in society, active opposition of the personality to interests of society or individuals including in such places which it is not considered to be public, for example the wood, the waste ground as respect for public order is aimed at providing tranquility not only big groups of citizens, but also each member of society separately.
4. Courts should mean that the subjective party of hooliganism is expressed in type (the word "direct" is excluded) intention on gross violation of public order with motive of explicit disrespect for society. In particular, can specify making by the guilty person without any occasion it or with use of insignificant occasion from the victim of the actions testimonial of aspiration to show the disrespect for society and to show neglect to the commonly accepted rules of the hostel, the rights of other persons, to show the physical superiority, capability to excess, about desire to degrade and suppress other person, to outrage upon its interests or interests of society.
5. Explain to courts that use of violence in case of hooliganism means physical impact on the victim in any formenanesenia of beating, causing bodily harms, restriction of freedom of travel by binding, deduction, etc.
The threat of use of violence is the intention expressed verbally or in the form of certain gestures to apply physical abuse in the presence at the guilty person of real opportunity to execute threat.
6. Destruction or damage of alien property when making hooligan actions can be expressed in its reduction in condition of complete or partial unfitness or to loss by property of consumer properties.
7. Courts should consider that exclusive cynicism as a part of hooliganism is manifestation in the actions which are roughly disturbing the public peace and expressing explicit disrespect for society, extremely sneering attitude to the main moral values of society. Exclusive cynicism, in particular, manifestation of shamelessness, mockery at patients, aged, can be recognized as the faces which are down and out, making of hooligan actions in the conditions of public or natural disaster, violation of customs, traditions, etc.
8. Explain to courts that on the basis of frequency (the p. 2 of Art. 339 of UK) actions of the guilty person who earlier committed penal hooliganism irrespective of his condemnation for the previous crime are qualified, except as specified, when by day of making of new act at the guilty person the criminal record was removed or extinguished or prescriptive limits of criminal prosecution for the previous crime expired.
Equally does not form frequency sign in case of hooliganism making by the person accused before crime against the person of hooligan motives (item 7 of the p. 2 of Art. 147 of UK, item 13 of the p. 2 of Art. 139 of UK).
9. Courts should mean that hooliganism is recognized made by group of persons if several persons as collaborators took part in its making.
As the soispolnitelstvo is qualified the accomplishment by participants of group of different hooligan actions approved and combined by single intention which in the set form all signs of the objective party of this actus reus.
10. Draw the attention of courts that resistance to person stopping hooligan actions are understood as the active actions of the guilty person sent on physical hindrance to the person stopping hooliganism.
Suppression of hooligan actions is understood as the lawful active acts of any person (except for the victim) directed to the hooliganism termination including use of force.
The request to stop hooliganism making in itself cannot be considered as suppression.
11. Resistance shown to person stopping hooligan actions is not covered by structure of hooliganism only in cases when as a result of the violence applied at the same time also other, more serious crime is committed.
Rendering resistance after the termination of hooligan actions, for example, during detention of the guilty person, and is equal resistance shown in case of suppression of disorderly conduct, cannot be considered as the qualifying sign provided by the p. 2 of Art. 339 of UK. Such actions are subject to independent legal evaluation.
12. As the hooliganism integrated to causing less heavy bodily harm it is necessary to recognize the hooligan actions of the guilty person which entailed intentional causing such damages. Additional qualification according to Art. 149 of UK is not required.
In case of hooliganism making by group of persons this qualifying sign can be imputed only to those participants of hooliganism whose intention covered causing the specified bodily harms.
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