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
DECIDES:
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 the Criminal code of the Republic of Belarus (further – 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.
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