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Вестник Омского университета. Серия «Право». 2015. № 2 (43). С. 258-262.
УДК 342
ПРЕСТУПЛЕНИЯ НЕСОВЕРШЕННОЛЕТНИХ ЭКСТРЕМИСТСКОЙ НАПРАВЛЕННОСТИ
JUVENILE CRIME WITH AN EXTREMIST CONTEXT*
М. ВРАБЛОВА, Т. СТРЕМИ (M. VRABLOVA, T. STREMY)
Общество - нечто большее, чем просто общность или группа, это совокупность мнений и отношений. Особенно в настоящее время, когда в мире существует взаимное проникновение культур, народов и стран, нередки случаи нападений на тех, кто отличается от большинства, особенно по расовому и религиозному признаку. Экстремизм - опасное, антиобщественное явление, которое может привести к социальному конфликту и политической дестабилизации. Экстремизм часто связывается с расовой, этнической или религиозной нетерпимостью. Основные проявления экстремизма имеют политический и религиозный характер. Проявление экстремизма часто сопровождается словесной или физической агрессией. Это характеризуется элементами нетерпимости и нападения на фундаментальные демократические конституционные принципы. Экстремизм в Словакии находится под влиянием идеологии.
Ключевые слова: экстремизм; Словакия; ювенальные преступления; свидетель; насилие.
The hallmark of any society is its diversity of opinions and attitudes. Especially at present time, when there is in the world the penetration of different cultures, peoples and nations are not isolated cases of attacks against those who differ from the majority society. Extremism is dangerous, anti-social phenomenon, which can lead to social conflict and even political destabilization. Extremism is often associated with racial, ethnic or religious intolerance. The principal types of extremism include political and religious. Covering extremism is often accompanied by verbal or physical aggression. It is characterized by elements of intolerance and attacks against the fundamental democratic constitutional principles. Extremism, manifested in the Slovak Republic, is strongly influenced by ideology. Accompanying phenomenon of extremism is increasing violent crime and radical attitude of some groups to certain social groups, especially the citizens of a different skin color.
Key words: Extremism; The Slovak Republic; Juvenile Crime; Spectator Violence.
1. The definition of extremism
In the literature there are various forms of definition of extremism. In sociological plane can be defined as the sum of extremism sociopathological phenomena, which are generated by organized groups of people and fans of these people, the dominant denying basic values, norms and behave or sin force in society.
From a criminological point view to the specific forms and manifestations of extremism, which constitute a criminal offense or sociopathological phenomena, i.e. violation of law or social norms. From a police perspective can extremist crime includes verbal, graphic, physical and other activities associated with a character-
istic ideological or other context carried out by individuals or groups of individuals, and their views considerably deviates from generally accepted social norms, with clear elements of racial, national, religious intolerance or other similar intolerance that attacks against democratic principles, social organization, life, health, property or public order.
Crime with extremist overtones means the unlawful conduct committed in connection with extremism, sects or treatment spectator violence, which have the characteristics of a criminal offense or misdemeanour [1].
The legal definition of extremism is not possible, because the law of the Slovak Republic
* This article was prepared within the project VEGA (No. 1/0315/14) "Harmonization ofthejuvenile justice systemin the European Union".
© Враблова М., Стреми Т., 2015
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does not define the term extremism. Crime extremists and extremist crime groups are generally understood crime and other antisocial activities of extremist elements, including crime and criminal offenses motivated by racial or ethnic hatred or criminal acts and offenses committed by supporters of extremist groups [2].
Slovak criminal law [3] regulates a wide range of offenses, which are characterized by manifestations of racism, xenophobia and called fan violence. Manifestations of hatred towards members of other races, nations, national minorities and ethnic groups, religions, but also runs the risk of a direct threat to the proper functioning of a democratic society. A special criminal sanctions extremist crime was included in the Criminal Code Act no. 257/2009 with effectiveness from 1 September 2009. Offences extremism is contained in Title Twelve of the separate part of the Criminal Code, which is called Crimes against peace, humanity, crimes of terrorism, extremism and war crimes.
Among the crimes of extremism [4] under Slovak Criminal Code includes the following offenses:
- Supporting and promoting groups aimed at suppressing fundamental rights and freedoms (§ 421 and 422 Criminal Code),
- Production of extremist materials (§ 422a of the Criminal Code),
- Dissemination of extremist materials (§ 422b Criminal Code),
- Possession of extremist materials
(§ 422c Criminal Code),
- Defamation of nation, race and conviction (§ 423 of the Criminal Code),
- Incitement to national, racial and ethnic hatred (§ 424 of the Criminal Code),
- Incitement, defamation and threats to their persons belonging to a race, nation, nationality, color, ethnic origin or gender (§ 424a of the Criminal Code),
- The crime committed with a specific theme (under § 140 point. d) and f) of the Criminal Code).
Extremist material means material (badges, flags, photos, uniforms, magazines, CDs, DVDs, etc.), which are produced, disseminated and housed members of extremist groups to public intimidation of innocent citizens.An extremist group for the purposes of the Criminal Code means the organization is at least three persons
for the purpose of committing a crime of extremism.
In further group of crimes of perpetrator commits with particular motive. Specific mo-tivein this context means, first, a criminal offense intended to publicly incite to violence or hatred against a group of people or individuals for their belonging to a race, nation, nationality, skin color, ethnicity, gender or origin of their religion, if an excuse for threatening the preceding reasons (§ 140 point. d) of the Criminal Code), as well as a criminal offense of national, ethnic or racial hatred or hatred based on skin color (§ 140 point. f) of the Criminal Code).
Herczeg talk about hate crimes which defined as the unlawful conduct which have the characteristics of the offense and its motive is predetermined hatred offender resulting from the victim of an attack of race, nationality, ethnic group, religion, class, or other social group [5]. The concept of hatred is understood as a strong, hard-negotiable emotional resistance, in this case a group of persons or an individual because of their affiliation to one of these categories, which may remain only at the level of personal survival, but it can also manifest dangerous measures that hating a person performs against hated subject.
With specific motive is possible to commit the following offenses:
- Dangerous threats (§ 360 of the Criminal Code),
- Insult last resting place (§ 365 of the Criminal Code),
- Premeditated Murder (§ 144 of the Criminal Code) and murder (§ 145 of the Criminal Code),
- Bodily injury (§ 156 and 155 of the Criminal Code),
- Restricting freedom of religion (§ 193 of the Criminal Code).
The last group consists of crimes with extremist element, which includes crimes of violence, property or drugs character. The sign of unlawful activities of extremist groups is violence and violent attacks against individuals. Initiating riotous conduct to which most commonly occurs in the demonstrations and public meetings. Initially are peaceful conducts, which gradually led aggressive leadership personalities and will crow defect changing the unmanageable mass of attacking their opponents. The
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group committed violent crimes and property owner ship form:
- Attack of the public authority (§ 321 and 322 of the Criminal Code),
- Attack on a public official (§ 323 and 324 of the Criminal Code),
- Violence against a group of inhabitants and against an individual (§ 359 of the Criminal Code),
- Dangerous threats (§ 360 of the Criminal Code),
- Hooliganism (§ 364 of the Criminal Code),
- Damage to someone else (§ 245 and 246 of the Penal Code),
- Damage to the operation of charitable (§ 286 and 288 of the Criminal Code).
2. Extremism in the Conditions of the Slovak Republic
Extremists in the Slovak Republic made up of subcultures, movements, unregistered organizations, civic associations and apolitical parties. According to the concept of the fight against extremism between 2011 and 2014, the frequency of supporters and sympathizers Slovak extremist scene, as right-wing as well as leftwing, estimated at around 2,000 people, with tens to hundreds of them are radical and risky.
Typical symptoms of right-wing extremist organizations in Slovakia include the organization of violent and non-violent marches presentation neo-Nazi ideology on the internet, discussions on various extremist chat forums, touring or online business with subjects with extremist topics. Extremis music production, in the form of concerts and music publishing media, allows the creation of platforms for meeting the extremists from Slovakia and abroad, promoting extremism in the text songs with ideological content, raising funds for the performers and the organizers and publishers. Extremists to spread their ideology began to use the new feature of the Internet, social networks. In 2009 and 2010, the Slovak part of the network revealed a number of anti-Facebook sites and discussions. Between 2009 and 2010 there were several demonstrations and marches right-wing extremists, especially in the east of the Slovak Republican the capital city of Bratislava. Demonstrations and marches began visibility and indicate Roma issues.
Left-wing extremism is generally evaluated less stringent and tolerant society is perceived. This is especially the fact that most of these groups do not declare publicly suppressing the rights and freedoms of other citizens. Slovak leftist extremist scene consists mainly anarchist, anti-fascist, Nazi, neo-Nazi, anti-globalist and radical environmental and conservation groups. These are not unified, create a common platform and do not coordinate their actions. They try to promote only their closely profiled threads ideology and purpose. This is a small group of activists, which usually arise in response to the actions of right-wing extremists. Public protests organized by left-wing extremists in the Slovak Republic only sporadically in recent period almost all.
3. Youthand its relationship to extremist movements
From a criminological perspective perpetrators of crimes with extremist overtones are generally socially disturbed persons, mostly juvenile persons; the average age of offenders is some times reduced even below the age of criminal responsibility. Regarding social status to the offenders with low education, low income, without social background. In terms of forms of expression crimes with extremist overtones typically, less serious verbal or physical attacks, the perpetrators are significantly influenced by the crowd, and alcohol. He gives them courage and guts and games (crowd) ensuring their anonymity and security. For these offenders were found fault in emotion, is typical im-pulsivity and acting in the heat of passion, lacking moral scruples. The most common is a gang or occasional group action is spontaneous and usually responds to the immediate stimulus (for sports stadiums, restaurants, at various meetings and in random encounters). The real motivation attacks of ten remain hidden (latent), because it is difficult to define the boundary between personal opinion, the presentation and promotion of their own opinions on the group of racially motivated attacks.
In the literature there are interesting findings of research conducted on questions about the causes and conditions of origin and manifestations of extremist moods, attitudes and the emergence of extremist movements. The results of investigations have been carried out typology
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of members and supporters of extremist movements and expressions, as well as possible causes of extremism. The conclusions of this research can be summarized as follows:
- Most of the extremists, members and supporters of extremist movements are young people,
- Leaders of extremist movements are people with megalomaniac tendencies,
- Ordinary members and supporters of the movement are mostly young people, located on the margins of society, even temporarily, due to loss of employment, family background, etc.,
- Groups most at risk youth, which naturally because of his age tends to radical solutions mistakes and weaknesses of the company,
- Young people comply with black and white view of the world, especially the concentration of the problem in simple passwords, or search for an enemy who is responsible for everything.
In relation to youth ages is to be understood that age alone is not a sufficient reason for young people's participation in extremist movements, on the other hand, immature young man looking for simple solutions, vulnerable to the impact of demagogues and suits him the opportunity to participate in solutions things aggressive action. Individuals to membership in various groups and movements to participate in the activities of extremist groups, leading, in particular the need to belong, feel the need to express rebellion against the family or school, the popularity of external signs of belonging to an extremist group (hairstyle, clothing), light suggestibility members and supporters fear on its own individuality, the need to surround yourself with people of the same opinion, the desire for adventure, failure of judgment, a form of leisure.
The most visible problems in Slovakia include the participation of young people in extremist skinhead movement. "Skinheads are the formulation of people who are unsuccessful or no chance in the normal way to achieve attention and success in society." Other causes related to the maturation process, namely orientation in society, finding place in society, rejection of the traditional way of thinking and behaviour, increased criticality of a society prone to radical positions and decisions, lack of life experience, limited ability o think out the consequences of their actions, small capacity putting yourself in
the position of the other, age-related selfishness, desire to belong somewhere, the desire for promotion and recognition of peers, the desire to associate with like-minded peers against older, the desire to present their membership of a group. All these factors make it easier for a young person to radically oriented groups of young people with extremist views on life, the world, to society, to solve problems and lead them to extremist manifestations.
4. Spectator violence
Current Status and Development of Crime with extremist overtones, which includes the commission of spectator violence continues to grow. In particular, the illegal activities of radical fans (Hooligans) who work in the structures themselves football divisions and groups that do not have a leader, but apparently act as a group. The issue of fan violence I is directly intertwined with the issue of right-wing extremism, whereas members of the riskiest football divisions and groups regularly attend demonstrations and marches organized extremist associations. In general terms these people belong to racists, fascists and football hooligans who are present at the football and hockey stadiums with extremist ideologies and committing crimes. The common objective of the activity is to fight against the repressive forces and assets which are committed through vandalism, disorderly conduct, misconduct with signs of extremism, racism, xenophobia and intolerance.
Hooligans are often seen as a matter of fashion, when young people use surveillance police and security forces in the stadiums in their provocations against fan of the opposing camp. Especially attack on security forces is considered to be a kind of "extreme activities". The members and sympathizers of hooligans are trying to present symbols of Nazi, neo-Nazi or prohibitive symbols. The most hooligans clubs in Slovakia are: Ultras Slovan Presburg, Ultras Spartak Trnava, Kosice Ultras, Wallace Army and Felvideki Harcosok.
As a result of the infringement hooligan groups leads to local breaches of public order in time and place soccer match, respectively other than sporting events, for example: during their transport to the stadium, after their departure, as well as violence, riots, vandalism causing extensive damage to health and property. The activi-
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ties of these groups consists of the presentation of their ideas, opinions and attitudes towards other groups, support groups and movements suppressing fundamental rights and freedoms, which are presented publicly, first, exposing different banners (with hidden symbolism of these groups and movements), as well as a public presentation of their views through the so-called chants and cries, while the verbal expression is also clear presentation of supporting and promoting movements and groups.
These activities of right-wing extremists are often concealed with the intention of promoting a sporting event or Assembly march in public, but in fact planned activities committing various forms of crime. Attention is drawn to the increase in crime and criminal offenses during national and international football matches, which are part of fan violence. Dangers are specially organized acts of vandalism, rioting, hooliganism and abuse of sporting events for political purposes with the intent to cause conflict.
Conclusion
Extremism is negative dynamic is emerging as a societal phenomenon, which is a threat to society, for democratic principles and constitutional values. It threatens the primary value of human rights and fundamental freedoms, it de-structs the existing democratic system and its design based on the rule of law, the proper exer-
cise of state power, and may threaten the territorial integrity and national integrity of their national borders.
Extremism is a general characteristic of social pathology in the context of the present violence. In the event that members of groups that may be in the early stages identified as "subculture" preach open conflict with society affects aggressive, violent behavior and their attention focused on a certain part of society, thus becoming a threat to society. Such development is mainly due to loss of confidence in the authority of the state and its standards, due to the apparent abuse of power, vulgarity public life and impunity of some individuals. Supporting of social and cultural values in all spheres of society is very important. 1 2 3 4 5
1. EquallydefmeHerczeg J. Trestne ciny z nenavisti.
- Praha : ASPI, WoltersKluver, 2007. - S. 14 ; Chmelik J. Extremismus a jeho pravni
a sociologicke aspekty. - Praha : Linde Praha, 2001. - P. 9.
2. Maslanyova D. et al. Trestne pravo hmotne. Vseobecna a osobitna cast’. - Plzen : Ales Cenek, 2011. - P. 462.
3. Act no. 300/2005, Coll. asamended (Criminal Code).
4. § 140a Criminal Code.
5. Herczeg J. Trestne ciny z nenavisti. - Praha : ASPI, WoltersKluver, 2007. - P. 11-12.
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