of March 24, 2005 No. 1
About court practice on criminal cases about hooliganism
(In edition of the Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 31.03.2016 No. 2)
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 obvious 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 obvious disrespect for society and to act as independent form of gross violation of public order and manifestation of obvious 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.
Obvious 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 obvious 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.
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