Headings
...

Art. 212 of the Criminal Code with comments

One of the manifestations of collective aggression is riots. Responsibility for them establishes Art. 212 of the Criminal Code. These actions infringe on the rule of law, the safety of citizens, entail property damage. We consider in more detail Art. 212 of the Criminal Code with comments. Article 212 UK

General composition

In the first part Art. 212 of the Criminal Code fixed imprisonment for 8-15 years for organizing riots involving:

  • Arson, pogroms, violence, destruction of material values.
  • The use of explosive devices and devices, weapons, explosive, poisonous, other substances, objects that are dangerous to others.
  • Rendering armed resistance to the authorities.

A similar penalty has been established for preparing individuals for organizing or participating directly in riots.

Recruiting / inducing or engaging in the performance of actions provided for in Part 1 Art. 212 of the Criminal Codeentails:

  • A fine of 300 to 700 thousand rubles. or in an amount equal to the income of the perpetrators for 2-4 g.
  • Forced work on 2-5 liters.
  • 5-10 years in prison.

Direct participation in the actions provided for in paragraph 1 is punishable by 3-8 years of imprisonment. st 212 UK comment

Qualifying compositions of Art. 212 of the Criminal Code

Part 3 provides for punishment for calls to organize riots or to participate in them, as well as to use violence against citizens. For these acts established:

  • Restriction / imprisonment.
  • Forced work.

The term of all sentences is up to two years.

Part 4 provides for imprisonment of 5-10 years for a subject undergoing training for organizing or participating in a riot if the student knew the purpose of such training, including obtaining knowledge, skills, and practical skills in the process:

  • Classes in psychological and physical training.
  • Learning how to organize riots.
  • Studying the rules for the use of explosive devices and devices, weapons, poisonous, explosive, other substances, objects dangerous to others.

In addition to the sanction, a fine of up to 500 thousand rubles may be charged. st 212 uk rf

Note

The subject guilty of the act provided for in paragraph 4 tbsp. 212 of the Criminal Code, may be exempted if:

  • He informed law enforcement agencies about the training, the purpose of which was to prepare people for organizing and participating in the riots and he knew.
  • He contributed to the investigation of the act, the identification of other citizens who received training, organized, financed it, and its venues.

Moreover, in his behavior should not be signs of other criminal acts.

Art. 212 CC: comment

The danger of acts, the responsibility for which the considered norms reinforces, lies in the fact that they paralyze the normal work of governing bodies, authorities, institutions, enterprises, organizations, entail significant economic and moral damage. In addition, the health and life of the population, the dignity, and the honor of citizens are at stake.

Riot organization

It is one of the elements of a crime under art. 212 of the Criminal Code.

An organization is considered to be incitement and leadership of the behavior of the crowd, direction to commit the actions specified in the norm. It can also be expressed in:

  • Riot planning.
  • Search for participants, selection of provocateurs.

Moreover, the organization does not imply the mandatory participation of a person in the commission of illegal actions. st 212 uk rf composition

The purpose of riot planning can be the commission of other crimes, the seizure of an enterprise or police department.

Action Features

One of the signs of the composition is the use of violence in riots.It can be both mental and physical. Violence is expressed in torture, beatings, threats of harm to health.

The pogrom is damage, the destruction of residential and other facilities, vehicles, the looting of warehouses, shops, etc.

Arson refers to actions leading to the ignition of structures, oil storage facilities, gas stations, gas pipelines, etc.

Destruction of property is to bring it into a condition unsuitable for proper operation.

The use of weapons, explosive / poisonous or other dangerous compounds, explosive devices / devices involves their use for direct harm to health, causing death, destruction of material assets. These items can also be used for threats.

Armed resistance involves the direct use (or threat of use) of weapons (gunshot, cold, etc.) to a person representing the government, performing duties related to the suppression of mass riots, to prevent this person from fulfilling his professional tasks.

Rioting

It is considered the direct commission of any actions provided for in paragraph 1 212 of the article.

If at the same time the person has committed other crimes, they must be qualified according to the totality of the articles. st 212 uk rf with comments

Design features

The composition of the act is formal. The crime is recognized to be completed at the time of any action specified in the disposition of the norm.

The onset of any dangerous consequences does not affect the assessment of wrongfulness.

Subjective part

It is expressed in direct intent. A citizen understands that he is forming a group (crowd) of people, inciting them to participate in riots involving violence, destruction of material assets, arsons, pogroms, the use of weapons and other prohibited means, resistance to representatives of the authorities, or is involved in this. At the same time, the perpetrator is aware of the likely negative consequences of such unlawful acts and wishes for their onset.

Responsible citizens from 16 years of age, sane.

Goals and motives

They can be different. In general cases, the motive and purpose do not affect the assessment of wrongfulness and the level of public danger.

If riots were committed by members of an extremist group based on racial, national, political or other hatred, hostility to a particular social association, the deed must be qualified in addition to art. 282.1 of the Code.

Responsibility for calling for unlawful actions

It is enshrined in part 3 of the article in question. Article 212 of the Criminal Code of the Russian FederationCalls are recognized as unlawful if they are aimed at persuading the crowd to use violence against citizens, disobey the requirements of law enforcement agencies, resist, etc. They can be made repeatedly or once.

The forms of appeals are different. Organizers can express them orally, express in writing (for example, on posters, leaflets, on the walls of houses, etc.). Verbally appeals are usually voiced in front of the crowd using special technical means (loudspeakers, etc.). Messages can also be distributed on radio, television, over the Internet.

For qualification of acts under Art. 212 it is imperative that the perpetrator calls not for civil disobedience, but for the commission of active actions, the list of which is provided for in part 1 of the norm. In this case, the requirements expressed by representatives of the authorities should be legitimate.

If appeals are accompanied by incitement to commit other acts, for example, the murder of citizens, then the offense is qualified according to the totality of the relevant articles.

Incitement is considered to be a completed crime from the moment the relevant messages are circulated.


Add a comment
×
×
Are you sure you want to delete the comment?
Delete
×
Reason for complaint

Business

Success stories

Equipment