Crimes against order: the content and main issues of Art. 321 of the Criminal Code

Law enforcement agencies do everything to ensure that violators of order are isolated from society. Special institutions are organized for this purpose. There, citizens who have violated the law must serve their punishment. But even here there can be situations that can disorganize the work of such institutions. Art. 321 of the Criminal Code of the Russian Federation considers exactly such cases and consequences, to which they can lead.

Serving of sentence

In Russia, as in any other country, law enforcement agencies work to uncover crimes and to prevent the possibility of their committing. Citizens who are suspected or found guilty of such acts are usually isolated from society. Special institutions of two types are used for this:

1. Investigative isolators. There are both suspects and accused.
2. Institutions executing punishments that are associated with the isolation of the perpetrators.

In them, certain conditions of detention were created for violators. But the order established by the law does not suit everyone. There are people who commit acts that disorganize the normal work of such institutions. As a result, there are problems with respect for the rule of law. The actions of such people are qualified as crimes punishable by art. 321 of the Criminal Code.

In fact, they violate established social relations, thus creating a basis for other offenses. And the perpetrators of such acts can be both convicts and employees of the places where the detention or deprivation of liberty is directly committed. Both of them will have to suffer a fair punishment under art. 321 of the Criminal Code. In this matter, the law is equally strict on both sides.

Crime scene

The majority of citizens of our country are sure of fair and precise work of the law enforcement system. But even a well-established mechanism sometimes still fails from time to time. Most often, the reason for this is the human factor. There are people who are not able to perceive the law as something fundamental and unshakable. They try to violate it, acting in their own interests, regardless of any prohibitions. This can occur at any stage, regardless of the type of punishment associated with the isolation of the offender from society: during arrest, restriction or deprivation of liberty, as well as keeping in the military disciplinary unit. In any case, a person who has violated the established strict order will have to answer for his unlawful actions under art. 321 of the Criminal Code. In practice, most often conflict situations arise precisely in places of direct confinement. To them it is possible to carry:

• Educational or correctional colonies ;
• Prison;
• Correctional medical institutions.

Any of these places can be a source of a problem that needs to be addressed through detailed and thorough investigation.

Corpus delicti

In order to understand each individual case, it is necessary to clearly imagine the main features of this wrongful act.

In accordance with the law under Art. 321 of the Criminal Code of the Russian Federation, the offense includes the following provisions:

1. First of all, it should be noted that the criminals in this situation can be convicted, their relatives and acquaintances, as well as the staff of the institution.
2. The main object is directly public relations, which contribute to the normal operation of the penal correction system. Criminals, in fact, disorganize it, thereby creating obstacles to its activities. An additional object is the health and life of the participants in the conflict.
3. The objective side is the real threat of direct use of violence. And it does not matter whether the offender achieved the desired consequences.
4. The subject of this act may be persons who have already reached the age of sixteen.
5. The subjective side of the crime here is in direct intent. That is, the perpetrator tries to achieve his goal by intimidation, and sometimes actual harm.

Given the presence of these signs, the court decides on the qualification of this crime.

The threat to government officials

One of the most common ways of disrupting the work of the correctional system is the frank use of violence against employees of places where deprivation of liberty or detention is performed in accordance with the law, as well as members of their families.

This is stated in Art. 321 part 2 of the Criminal Code of the Russian Federation. Sometimes prisoners or detainees who do not see the other possibility to legitimately resolve the issue of their punishment for the offense committed, try to exert a forceful influence on the workers of the relevant institutions of the law enforcement system. In some cases, for this sometimes outsiders are involved. As a rule, everything begins with threats and intimidation, and then sometimes even comes to actions dangerous for their life and health (beatings). In the case of close relatives, the same situation can occur. For such actions, the law provides for a just punishment in the form of complete deprivation of liberty. The time limit is set for no more than 5 years. The final result depends on the severity of the crime and the consequences to which it resulted.

Collective Actions

But not always the offender acts alone. In some cases, an entire organized group takes the case. They behave brazenly and rigidly. As a measure of influence, criminals often choose violence with physical force, sometimes dangerous for the health and life of those who become their target.

The law qualifies their actions under Part 3 of Art. 321 of the Criminal Code. In this case the system of law and order provides for a more severe punishment: from 5 to 12 years of full imprisonment. Such a measure is quite justified, because here, in fact, there is a planned action. It is aimed at disrupting the work of a particular institution by forcefully influencing its employees. But this is only part of the crime. Among other things, such actions create a conflict within the law enforcement system itself, which is inadmissible and must be punished accordingly. Inactivity and connivance in such matters can only aggravate the situation and cause even greater harm.

Arbitrary power

It is also often the case that the perpetrators of such situations are the employees of institutions that provide isolation of suspects or convicted citizens. Using against all the rules of their official position, they use violence against their wards, rather than prevent their correction. The impact can be both psychological and physical, but not harmful to the life and health of the person against whom it is directed. Details of conflicts of this kind are reflected in art. 321 part 1 of the Criminal Code of the Russian Federation. In this case, as harmless violence means actions involving the infliction of physical suffering (beating) or restricting his freedom (illegal use of handcuffs, isolation in a closed room, hand-binding and others).

Such acts are comparable to bullying and punishable by law by imprisonment for up to 5 years. And it does not matter even here, in whose interests the culprit was acting. For the court, only the very fact of the deed is important.