Chuligaństwo

Abstrakt

I. After an explanation of the meaning of hooliganism, the author considers the criminal aetiology of the phenomenon. Taking the view that, basically, there are at work both social factors and the personal characteristics of the criminal, the author inclines to attach more weight to the second element, that is to a preponderantly criminal-psychological interpretation of hooliganism.

II. The author is resolutely opposed to the position adopted in the draft penal code and by its supporters, which would make hooliganism a separate criminal offence (delictum sui generis). There is no subjective or objective basis for such an interpretation of hooliganism. Hooliganism is only a particular way of committing a number of crimes, a potential aggravating circumstance to be taken into consideration in the sentence meted out.

III. The author demonstrates with examples the baselessness of the interpretation of hooliganism which would treat it as delictum sui generis in the event of the simultaneous applicability of several laws to be classed with crimes liable to a severer penalty than hooliganism as such. The author concludes his article with the comment that to combat hooliganism even the most precise legal formulae will prove insufficient, since what is required is above all education (home, familly, school, social).