See more
Publication date: 11.09.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
In Ukraine, hooliganism is classified according to Article 296 of the Criminal Code of Ukraine. In order for actions to be recognized as hooliganism, they must meet certain criteria specified in the law. In particular, the legislation requires that such actions are socially dangerous and grossly violate public order. Here are the key aspects that define hooliganism in accordance with Part 1 of Article 296 of the Criminal Code of Ukraine:
- A gross violation of public order should be actions characterized by a significant violation of the norms of behavior accepted in society. Such actions must be visible and obvious to others.
- Special insolence: This is a category that includes particularly insolent and rude behavior. For example, it can be rioting, brawling, which is accompanied by violence that caused bodily harm or destruction of property. Special audacity can also be manifested in a long-term disturbance of the peace of citizens or the disruption of mass events.
- Exceptional cynicism: This is a demonstrative disregard for generally accepted norms of morality. Examples of extreme cynicism can be gross indecency, demonstrative nudity, abuse of vulnerable categories of persons (sick, children, infirm), etc.
- According to Part 1 of Article 296 of the Criminal Code of Ukraine, the presence of one of the signs is sufficient to qualify actions as hooliganism - either special audacity or exceptional cynicism. This means that there is no need for these features to be present at the same time; the presence of any of them is already sufficient to recognize actions as hooliganism.
Important aspects of the qualification of the offense:
The distinction between group hooliganism, group disturbance of public order and mass riots is important for the correct legal qualification and understanding of these offences. Here are the main differences:
- Group disorderly conduct: This can be done with any motive, which is not necessarily hooliganism. There is participation of two or more people. The group's actions may be less brazen and do not necessarily involve violence or destruction of property. Material composition. It is important that the actions of the group take place as a real violation of public order, and not just a gross violation.
- Mass riots: Participants may act out of a variety of motivations, including political, social, or economic. It is characterized by the presence of a crowd, which may include a large number of people. May include pogroms, destruction, arson, armed resistance to representatives of the authorities, which leads to disorganization and even paralysis of the activities of the authorities. Material and formal composition. It is important that actions disorganize the activities of authorities and threaten public safety.
- The main difference between these offenses lies in the motivation and nature of the actions. Gang disorder focuses on gross disorderly conduct with a violent motive, group disorder can include any motive and less intense action, while mass disorder involves large crowds and can threaten public safety and authorities.
Question
What is group hooliganism as a qualifying feature?
Answer
To qualify as hooliganism under Part 2 of Article 296 of the Criminal Code of Ukraine, it is necessary that the hooliganism was committed by a group of persons consisting of two or more perpetrators. It is important to note that prior collusion between participants is not mandatory for qualification. This means that even if the individuals acted spontaneously or without coordinating their actions among themselves, their joint participation in hooligan acts will be taken into account as a qualifying feature.
Question
Can the use of weapons be a qualifying feature in hooliganism?
Answer
In order to qualify as hooliganism according to Part 4 of Article 296 of the Criminal Code of Ukraine, it is necessary that hooligan actions are accompanied by the use of firearms or cold weapons, or other objects specially adapted or prepared in advance for inflicting bodily harm. Specially adapted items - These are items that have been modified or adapted to cause harm to health. Pre-prepared items are items that have been prepared to commit hooligan acts and can cause harm even if they have not been pre-treated. Such actions must create a real threat to the life or health of citizens.
Hooliganism with resistance
- If hooliganism is associated with active resistance to a representative of the authorities or a person performing public order duties, or other citizens who are trying to stop hooliganism, such actions do not require additional qualifications. However, if the resistance is accompanied by violence, which can also be qualified under another article of the Criminal Code (for example, part 2 of article 121), this can lead to additional qualification.
- It is important that resistance that occurs after the disorder has stopped, when a person tries to avoid arrest, is not a sign of malicious disorder and should be qualified under a set of offenses.
- Each part of Article 296 of the Criminal Code of Ukraine defines specific circumstances under which hooliganism can be qualified as a more serious offense. It is important to correctly identify these circumstances in order to ensure the appropriate legal qualification and degree of responsibility.
Lawyer services in criminal proceedings:
The lawyer help in criminal proceedings are extremely important for ensuring the rights and legitimate interests of persons under investigation or prosecution. The main types of legal services:
Lawyer consultation and legal analysis of the situation: Analysis of the current situation and provision of recommendations on further actions. Informing the client about his rights and obligations at all stages of criminal proceedings. Description of procedural stages, such as pre-trial investigation, trial, appeal and cassation procedures.
Representation lawyer during pretrial investigation: Representation of the client's interests during interrogations, searches, seizure of evidence, as well as when filing statements and complaints. Control over the observance of legality during the pre-trial investigation and appeal of illegal actions of investigative bodies.
Court proceedings: Protection of the client's interests during legal proceedings, including preparation for court hearings, defense in court, conducting persuasive speeches. Assessment of available evidence, preparation of counter-evidence, questioning of witnesses, conducting examinations if necessary.
Lawyer advice during negotiations and conclusion of agreements: Negotiations on the conclusion of agreements with the prosecutor, for example, plea agreements, conciliation agreements (if possible). In the case of a guilty plea, it is possible to discuss a suspended sentence or a reduced sentence.
Legal services in criminal proceedings are critical to ensuring legal protection and a fair trial. A professional lawyer can significantly influence the outcome of the case, so choosing a lawyers online to participate in the criminal process is extremely important.
