Disorderly conduct

Legal definiton 

Section 358 of the Criminal Code:

(1) Whoever commits gross indecency or disorderly conduct publicly or in a place accessible to the public, particularly by assaulting another person, desecrating a grave, historical or cultural monument, or grossly disrupting the preparation, course, or conclusion of an organized sporting event, assembly, or ceremony, shall be punished by imprisonment of up to two years.

(2) The perpetrator shall be punished by imprisonment of up to three years if the act referred to in paragraph 1 is committed:

a) repeatedly, or

b) as a member of an organized group.

Subjective aspect - intent

Disorderly conduct is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant: 

• Did the perpetrator act alone, or were other persons present?
• Did the incident occur in a public (or publicly accessible) place?
  
• At what time of day did the incident occur?
  
• How did the perpetrator's actions unfold? With what intensity? Over what duration?
• Did the perpetrator's actions primarily disrupt public order, or did they affect only the individual interests of a specific person?
• How did the perpetrator's actions impact a broader group of people?
• How did other individuals react (e.g., fear, outrage, indifference)?
• How did the perpetrator respond to the development of the situation and the reactions of those around them?
  
• Were the perpetrator's actions arbitrary, reckless, or arrogant?
  
• Were the perpetrator's actions in any way excusable?
  
• What prompted the perpetrator's actions?
  
• Are there any circumstances in the case that exclude unlawfulness?
  
• Was the perpetrator sane at the time of the act? Were they under the influence of alcohol, drugs, or mental illness?
• Was the perpetrator's intent directed towards the decisive facts?