48. The codification of Soviet law in 1922-1923. general characteristics Criminal Code of 1922. Code of Criminal Procedure.
Criminal Code of 1922
Criminal law. The Criminal Code of the RSFSR 1922 consisted of administration and two parts: general and special. Each part was divided into chapters, and the last on articles. There were 227 articles. The code proceeded from class positions. The task of the Criminal Code was the legal protection of the state of the working people from crime and socially dangerous elements by applying to intruders of punishment or other measures social protection. The Criminal Procedure has spread to all crimes committed within the RSFSR as its citizens and foreigners who did not use exterritoring. Act The Criminal Code applied to citizens RSFSR and that case, if They committed a crime outside of the republic, as well as for foreigners who have stayed in the RSFSR who have committed a crime against the foundations of the state system and military power of the RSFSR. A crime was recognized by any socially dangerous effect or inaction, threatening the basics of the Soviet system and the rule of law, established by the working and peasant authority for transitional period of time. The purpose of punishment and other social protection measures was the overall prevention of new disorders from both the intruder and other unstable elements of society; Adaptation of the violator to the conditions of the dormitory by correctional exposure. The imposition of punishment was carried out by the judicial authorities in their socialist legal consciousness in compliance with the leading principles and articles of this Code. The Criminal Code introduced an analogy: "In the absence of direct instructions on separate species Crimes, punishments or social protection measures were applied in accordance with the articles of the Criminal Code, provided for the most similar to the importance and kind of crime, in compliance with the rules of the general part of this Code. "Criminal liability has occurred from 14 years. However, in relation to minors from 14 to 16 years old, it was possible to limit the measure medical and pedagogical impact. The Criminal Code established the following penalties: expulsion from the RSFSR limits for a term or indefinitely, imprisonment with strict insulation or without such, forced work without detention, conditional condemnation, property confiscation - full or partial, fine, dismissal from PUBLICATIONS, PUBLIC CHANGE, Laying Responsibilities to make harm. For cases that were in the production of revolutionary tribunals, when the Higher Penalties were determined in the articles of the Criminal Code, execution was applied. The prerequisite for the use of punishment was the guilty attitude of the criminal to the deed, i.e. the presence of intent or negligence ti.
In the special part of the Criminal Code, the most dangerous state crimes were stood - counter-revolutionary. In art. 57 of the Criminal Code said that a counter-revolutionary recognized any action aimed at overthrowing the conquests by the Proletarian revolution of the working and peasant councils and existing on the basis of the Constitution of the RSFSR of the Workers' and Peasant Government, as well as actions in the direction of the assistance of the part of the international bourgeoisie, which did not recognize the equality coming to replace Capitalism of the communist ownership system and sought its overthrow by intervention or blockade, espionage, presses financing, etc.
means. Then he followed the heads of crimes against the order of management, officials, economic, against life, health, freedom and dignity of personality, property crimes and military. Special Chapter III was devoted to violations of the rules of the Church branch from the state.
In October 1924, the CEC of the USSR is accepted by the Union-Union Act "The main principles of the Criminal Law of the SSR and the Union republics", which refused the term "punishment" and established the term "social protection measures", which was subsequently recognized by erroneous. On November 22, 1926, the CEC adopted a new Code of the RSFSR, which did not make serious changes in the Criminal Code of the RSFSR 1922. In 1927, BSH was published by a public-union regulatory act on state crimes.
Criminal Procedure Code
As noted, the Central Exhibition Center on May 25, 1922 adopted the first Code, and on February 15, 1923, the Central Executive Committee approved new ufkAccording to experts, it was a new editorial board of the Code of 1922. The Criminal Procedure of the RSFSR of 1923 consisted of six departments, which were divided into 32 chapters and the last - on 465 articles. The Code "The principles of criminal proceedings were recorded as publicity and publicity of the meetings, the perception of proceedings, the maintenance of the process in Russian or in the language of the majority of the population of this area. In the necessary cases, the translator was invited. The court was not limited to any formal evidence and depended on it, according to circumstances, one or no other evidence was to admit or not. The oath as evidence was not allowed. The Codex regulated in detail the order of inquiry and investigation. In the production of the preliminary investigation, the investigator was obliged to find out and explore all the circumstances as increasing and justifying the accused. When sentencing, all issues were solved by a simple majority. The judge, who remained in the minority, was entitled to state his special opinion in writing, which was introduced to the sentence, but was not refined. An appeal was canceled and the cassation procedure for sentencing appeal was established. The Code has rules for the execution of the sentence.
On October 31, 1924, the foundations of criminal proceedings of the Union of SSR and the Union republics were adopted, which established uniform principal provisions for legal proceedings. Researchers believe that they did not make significant changes in the procedural law.
| " |
On the introduction of the Criminal Code of the RSFSR
(1922, May 26)
In order to protect the workers' and peasant state and the revolutionary law and order from its violators and socially dangerous elements and the establishment of the solid foundations of the revolutionary legal consciousness, the WTCIK decides:
2. From the moment of its entry into force, it disappears all other norms that establish the basis of the foundation and the amount of criminal penalties.
3. The Criminal Code applies to all criminal acts not considered in judicial order Before entering it into action.
4. Changes or additions to this Code, caused by local living conditions, are entered into a living by the decisions of individual Central Executive Committees on the Approval of the WTCIK.
5. The Presidium of the DVIKA is entrusted to introduce this Code on the territory of the Union Soviet republics in appropriate order.
Criminal Code of the RSFSR General Part
I. Limits of the Criminal Code
1. The action of the Criminal Code applies to all crimes committed within the RSFSR as its citizens and foreigners, if the latter does not enjoy the right of exterritorialism in their diplomatic situation.
2. The action of this code applies to the citizens of the RSFSR and in the case when criminal acts are committed by them outside the republic.
3. The action of this Code also extends to foreigners who have been in the RSFSR who have committed the limits of the Republic of the crime against the foundations of the state system and the military power of the RSFSR.
4. Withdrawal from the action of Art. 2 and 3 of the Criminal Code may only take place in the order of special treaties concluded by the RSFSR with individual states.
II. General principles of punishment
5. The Criminal Code of the RSFSR has its task legist protection States workers from crimes and from socially dangerous elements and makes this protection by applying to violators of the revolutionary law enforcement of punishment or other social protection measures.
6. The crime recognizes every socially dangerous effect or inaction, threatening the basics of the Soviet system and the rule of law, established by the working and peasant authority for the transitional time to the communist system.
7. The danger of a person is detected by the action of actions harmful to society, or activities indicating a serious threat to public law enforcement.
8. Punishment and other social protection measures are applied to:
a) the overall prevention of new violations, both by the intruder and from other unstable elements of society;
b) adaptations of the violator to the conditions of the hostel by correctional labor;
c) deprivation of the criminal possibility of further crimes.
9. The purpose of punishment is made by the judicial authorities on their socialist legal consciousness in compliance with the leading principles and articles of this Code.
10. In the absence of direct instructions in the Criminal Code, individual crimes, punishment or social protection measures are applied in accordance with the articles of the Criminal Code, providing for the most similar to the importance and kind of crime, in compliance with the rules of the general part of this Code.
11. Only those that: a) were punished with intentionally, that is, it was preparing the consequences of his act and they wanted them or consciously allowed their offensive, or b) they acted in carelessly, that is, it was frivolously hoped to prevent the consequences of their actions or did not foresee them, although they had to foresee them.
12. Cooking for the crime is considered to be the acquisition, acquisition or adaptation of guns, tools and creating conditions for committing a crime. Cooking for the crime is punishable only if it is in itself a punishable effect.
13. An attempted crime is considered to be aimed at committing a crime when it did not fulfill such that it was necessary to bring his intention to fulfillment, or when, despite the fulfillment of everything that he considered it necessary, the criminal result did not occur reasons from it independent.
14. Attempt on any crime is punished as a perfect crime, and the absence or insignificance of harmful consequences of the attempt may be taken into account by the court in determining the penalties; The attempt, which did not communicate to the end on his own motivation of the attempted, punishable as a crime that is actually committed by him.
15. For a crime, both performers and instigators and accomplices are punished. The penalty of each of these partners of the crime is defined as a degree of participation and the degree of danger of the criminal and the crime committed.
16 .. The performers are those who take direct participation in the fulfillment of criminal effects, which would be nor. Incruitors are considered to be faces that bowed to committing a crime. The accomplices are those who contribute to the fulfillment of the crime by advice, instructions, eliminating obstacles, concealing the criminal or traces of a crime.
17. Punishment is not subject to persons who committed a crime in a state of chronic mental illness or temporary disorder of mental activity, or in general in such a state, when those who committed it could not give themselves a report in their actions, and equally, those who, though acting in a state of mental Equilibrium, but by the time or leading the sentence to execution suffers from mental illness. Only social protection measures specified in Art. 46 of the Criminal Code. This article does not apply to persons who have led themselves into a state of intoxication to commit a crime.
18. Punishment does not apply to young up to 14 years, as well as to all minors from 14 to 16 years, for whom it is recognized possible to limit themselves to the measures of medical and pedagogical impact.
19. The criminal act is not subject to punishment, committed with the necessary defense against the illegal encroachment on the identity or right of defending or other persons, if it is not allowed to exceed the limits of the necessary defense.
20. The criminal act, committed to rescue the life, health or other personal or personal good of his or another person from danger, which was inevitable in these circumstances by other means, if the damage caused is less important compared to the blessing .
21. The punishment does not apply when from the time of the crime, for which the Criminal Code as the Higher Punishment is defined by imprisonment for a period of more than 1 year, has passed at least 5 years or when 3 years have passed since the commission of less severe crime - provided: 1 ) If there was no production or investigations in this case and 2 for all this time) if the crime covered with the abandonment has not accomplished for the specified this article The term of any other crime.
22. Pressure deadlines established by Art. 21, double if they attracted to a consequence or court disappeared or otherwise evaluated from those.
23. The Criminal Code applies to all the acts not considered by the court before its introduction.
The adoption of the Criminal Code of the RSFSR 1922 - the First Soviet Criminal Code - preceded the short, but the events-rich period of political, social and moral development, started by the Great October Socialist Revolution and included in his framework the struggle of the Young Soviet Republic with foreign intervention and internal counter-revolution and its transition to People's work on the restoration of the national economy.
It was at the same time naturally, and the period of rapid development of legislation, in particular the criminal. The proletariat, it is stated in the most interesting document of this period-guidance on the criminal law of the RSFSR of 1919, "could not adapt to his goals ... Bourgeois Codes experienced the era and had to pass them into the history archive." The armed people coped and copes with their oppressors "without special rules, without codes." "In the process of struggle with your class enemies, the guidelines continue, -proletariat applies those or other violence measures, but applies them at first without a special system, from the case towards the case, inorganized. The experience of the struggle, however, tends him to measures with general, leads to the system,
gives a new right. " Guidelines Related! / This "First of all, a criminal law, which has its task to combat violators of the developing new dormitory conditions in the transition period of the proletariat dictatorship." As with the guidelines, but to a much greater extent, than they, the Criminal Code of the RSFSR of 1922, was "conclusions and necessary generalizations" "from previous development.
This is undoubtedly belonging to the definitions of the tasks of criminal law and the concept of a crime. Within the framework of this work, it is necessary to more carefully investigate, to what extent it can be attributed to the definition of the concept of intent and its elements-foresight, desire and conscious assumption, as well as those relating to the characteristic of the subjective side of the circumstances that Art. 25 obligated to consider when prescribing a measure of punishment. The solution to this issue will provide an opportunity to assess the subsequent definitions of intent in legislation and, perhaps, to develop an approach to further improvement of such a definition and present ways to move legislation in this direction.
The study of the Soviet criminal law of the first five years of the existence of Soviet power reveals an extremely difficult picture. Indeed, development occurs without a system, unorganized, "from the case to occasion." Definitions of institutions of the general part during this period not only was almost not, but then general rule And it could not be. Such definitions are possible and becomes necessary when accumulated more or less significant material allowing generalization and in need. Meanwhile, during the whole period, the young Soviet Republic had to be tirelessly to fight back from enemy seals and other traffic police officers and suppress dangerous and all the time changing the manifestations of the petty-bourgeois elements. Naturally, under these conditions, the development of criminal legislation did not occur on the development of the definitions of the general part (then it was not up to them), but in the form of publication and changes in the provisions of the special part.
The latter were directly
"On the terminology of the introduction to the guideline. 14
the operational manifestation of that very legal protection of the state of workers from enemy and finely bourgeois encroachments, which, defining the tasks of criminal law, will say the Criminal Code of the RSFSR in a few years.
All of the above, of course, does not mean that the accumulated buzz of the five years in the area of \u200b\u200bthe special part of the legislative material does not have to be generalized. On the contrary, such a generalization is possible and its results in the attitude of interest to us are very interesting.
The first thing that attracts attention is, is political, or criminological, dividing the crime into groups, depending on their directivity against the foundations of a new building or other interests, goals or motives of their commitment. The characteristic and natural desire of the legislator to associate the division of crimes on these signs with division to the relevant categories also the criminals themselves. At the same time, of course, not always the division of crimes on the groups corresponds to the current, defocable, "scientifically sound" ideas.
Already in the famous appeal V. I. Lenin to the population about the victory of the October Revolution and the tasks of the struggle in the field of November 5, 1917, the call: "Arrest and betray the revolutionary court of all, who will dare to harm the people ..." - Should be directly An indication of the need to establish, "without waiting for anyone", the strictest revolutionary order, mercilessly to suppress "anarchy attempts by drunk, hooligans, counter-revolutionary junkers, Kornilovtsev and the like" *. On November 11, 1917, in appealing to army organizations, military revolutionary committees and soldiers at the front of the Council, the Council of Army associated the guidance of the order in supplying the army with the need to declare a merciless struggle "to all speculators, marauders, casnocraders and counter-revolutionary officials, preventing food work .. . "2
The division of crimes and criminals on the above grounds is carried out in the legislation of that
* SU RSFSR 1917 No. 2, Art 22. 2 SU RSFSR 1917 No. 3, Art. 29.
time as an expression of a fundamental approach I am so reflected in a variety of acts.
In the decision of the Cassation Department of the WTCIK "On the jurisdiction of the revolutionary tribunals", there are cases when the guilty "actively opposes the Ra Bochean Government or calls for others to counteract him through the non-fulfillment of decrees and other decisions of Soviet authorities, local or central; It clearly ignores such decisions and makes it difficult to work in government or public institutions or calls for a sabotage or organizes such. " From them, the ruling is distinguished by cases, "when there is a simple non-fulfillment or irregularization of local authorities."
The decision distinguishes cases when the guilty "report, the distribution or disclosure of clearly false or unverified rumors by pressing, or in public assemblies, or in a public place that can cause public panic or sow discontent or distrust of Soviet power or its individual representatives, by negligence Or with intent discredits Soviet power in the eyes of the population, "from cases when there are complaints, slanderous and other fabrications and insults by the word, by pressing or the action of individual members and representatives of local or central authorities or its individual representatives in a particular of Soviet institutions If such insults or fabrications are directed, personally against certain persons, but not against institutions in general, or workers working there, without specifying specific persons ... ".
The same line can be noticed in a number of acts about amnesty. Resolution of the 2013 Century of 1919 "On the procedure for the use of partial amnesty" prescribed to terminate the work of workers and peasants who took part in counter-revolutionary speeches against Soviet power, if these speeches were massively inorganized, accompanied by the participation of the local population in them or at least had an organized character, but The local population was forcibly involved in them by White Guard or counter-revolutionary elements. At the same time, however, on the organizers, stained
the films or leaders of the amnesty movement did not spread1. Similarly, Liia was withdrawn from a wide amnesty to the second anniversary of the October Revolution, convicted for participating in a conspiracy against Soviet authorities or facilitating parties or groups that took place armed struggle against her or committing a crime "with a clearly selfish goal" 2.
Wider and also very characteristic seizures were made from amnesty by May 1, 1920. They treated active counter-revolutionary, bandits, professional thieves, especially harmful or more than one conviction, speculators, as well as to persons who committed a crime, clearly discrediting Soviet power3.
Therefore, there is nothing unexpected in the fact that the leading starts of 1919 as a "necessary generalization" obliged to distinguish with the person in each individual case, whether the crime was committed by the person belonging to the inuchive class, with the aim of restoring, preserving or acquiring any privilege, associated with the right of ownership, or poor in a state of hunger and needs; In the interest of restoring the power of the oppressive class or in the interests of personal acting; In the mind of harm caused or by ignorance and unconsciousness.
It is these provisions with some editorial changes in a few years a reflection in Art. 25 of the Criminal Code and have undergone a very interesting and instructive evolution in subsequent acts.
The main principles of the criminal legislation of the USSR and the Union republics of 1924 distinguished crimes, "directed against the foundations of the Soviet system established in the SSR Union by the will of workers and peasants, and therefore recognized by the most dangerous", and "all other crimes" (Art. 2). Concretioning this position in terms of the subjective side, Art. 31 main principles prescribed the court "when determining social protection measures" first of all resolve the issue of
"SU RSFSR 1919 No. 14, Art. 139.
2 SU RSFSR 1919 No. 55, from. 525.
3 SU RSFSR 1920 No. 34, Art. 163.
the public danger of a crime, after which / when determining a specific measure, to apply a more strict, if, in particular, the crime was committed within the time of the restoration of the bourgeoisie power; face, in the same way, otherwise connected with the belonging to the past or present to the class of individuals operating chun ^ oh work;
the crime, although not directly awarded the interests of the Soviet state or the interests of workers, but in their objective results it may damage these interests.
These provisions were reproduced in Art. 47 of the Criminal Code of the RSFSR 1926 and were not reproduced in the basics of the criminal law of the Union of SSR and the Union republics of 1958, nor in the Republican Codes adopted in the following years.
This latter circumstance occurred in mind due to changes in the socio-political situation. For example, the question of belonging to the guilty "to the class of persons who exploit someone else's work" has lost importance.
It was for this, however, and the other reason. In the absence of codes, containing carefully designed definitions of individual, in particular, the counter-revolutionary, crimes correlated with each other in the well-thought-out system, indicating the purpose of the restoration of the government of the bourgeoisie, it was necessary to serve as an important criminological guideline when considering concrete courts. In the conditions of the first years of Soviet power, such, our present view, common crimes, as speculation or bribery, not only could cause damage to the interests of the Soviet state and workers "in their objective results", but other times to take place by persons belonging to the exploitative class and close to it, with a counter-revolutionary installation, quite similar to what we would now be called an anti-Soviet target.
However, already in the RSFSR of 1922 and subsequent. The acts given by us, the instructions on the purpose of restoring the authorities of the bourgeoisie, became overnight, and in the literature of that time it was correctly noted that in this case it is a counter-revolutionary crime and that "the question should be not only about strengthening punishment, but about qualifications This action
as a counterrevolutionary crime "*. It was more correct to say that in this case we are talking about the qualifications of Acts as a counterrevolutionary and appointment of punishment for it in accordance with the general principles of the Soviet criminal law, because, although in the Ultra defining the counter-revolutionary crime ^ Art. 57 of the Criminal Code of the RSFSR of 1922 did not indicate a counter-revolutionary goal, it appeared in the definitions of almost all specific crimes of this group (Art. Art. 58-60, 62-65, 72).
True, in the section "On Counter-revolutionary Crimes" contained reservations to reduce the punishment by those who make appropriate actions or participate in them at the "ignorance about the endful purposes" (Part 2 of Art. 58) or on "possible consequences" (part 2 Art. 66), or in the absence of counter-revolutionary purposes (part 2, Article 66), or under the "unprovenness of the counter-revolutionary actions" (part 2 of article 73), but it was undoubtedly a tribute to the recent past.
These reservations were partially reproduced in the Criminal Code of the RSFSR of 1926, but in the Regulations on the crimes of the state 1927 there were no longer; Especially dangerous crimes Against the procedure for management, this document was distinguished from counter-revolutionary on the basis of the lack of counter-revolutionary purposes. The law on criminal liability for the state crimes of 1958 in the definitions of all particularly dangerous state crimes, except for the treason of the Motherland, contains instructions on the anti-Soviet target. As for the treason of the Motherland, many theorists consider the lack of reference to the anti-Soviet goal in determining this crime by the disadvantage of the very definition and defend the need to have "special instructions for the anti-Soviet target in all norms involving the responsibility for particularly dangerous state crimes" 2.
It goes without saying, the construction of definitions of counter-revolutionary crimes in the Criminal Code of the RSFSR 1922
* "Soviet criminal law. Part Total, "M., 1952, p. 372. 2" Criminal law. Part Special ", M., 1.966, p. 22;
P. Dmitriev, M, K A R P O W I N, about the nature of intent in particularly dangerous state crimes, "Jurisprudence" of 1964 No. 2, p. 50.
yes, on the basis of the instructions on the counter-revolutionary tse ^ b there was no accident or sudden. ONR itself was the result and, as we saw, the stage of certain historical development, leading to all of the same political and criminological opposition of the crimes of anti-state, "private society", self-crimes committed in the mind of the damage caused, at the time all of them It may seemed to be closer to each other than now, "the crimes of a different kind committed by the poor, in the interests of pure personal, by ignorance or non-consistency. Naturally, the legislator sought to reflect this general approach and in the definitions of specific crimes.
The decision of the SNA of July 30, 1918, about the violence provided for criminal liability for convening the population by a violence and the like "with counter-revolutionary objectives" 2. Decree of the Central Executive Committee of June 20, 1919 was provided to emergency commissions "right of direct reprisal", in particular, for concealing combat weapons, the forge of documents, participation in arson and explosions, if these actions were committed "in counter-revolutionary purposes" 3. In the mentioned ruling of the Court of Cassation Division of the Central Executive Committee of October 6, 1918, hooliganism was determined as learning the desire "exclusively to make disorganization at the disposal of Soviet power or offend the moral feeling or political beliefs of others."
Mention of the goal during this period is rarely found in the definitions of crimes. In the process of further development of legislative definitions of counter-revolutionary crimes, the purpose of Act is acquiring the importance of the most important feature as general concept crimes of this group and the corresponding compositions.
In the legislative acts of the first years of revolution, there were also no indications on the mercenary goal or mercenary motive activity. In the quoted appraiser of the VCIK on amnesty to the second anniversary
"See above, p. 18.
2 SU RSFSR 1918 No. 57, Art. 623.
3 SU RSFSR 1919 No. 27, Art. 301.
The October Revolution committing crimes with a mercenary purpose The legislator considered as an circumstance characterizing the increased society-venal / danger of the act and figure. Similarly, the issue was resolved in the NKU's decision of November 6, 1920 on the procedure for the application of amnesty to the third anniversary of the revolution. "In the Regulations on general places in the conclusion of the RSFSR, prisoners were divided into groups depending on the mercenary or non-saying nature of the crimes committed by them.
As the "legal transformation" of the criminological feature of the "Consciousness of the damage caused", it is possible to consider sometimes the mention of obstacles. On December 18, 1917, a civil marriage decree on December 18, 1917, criminal liability was envisaged for the country's responsibility for the country with regard to the circumstances that prevent marriage. The decree of SNK dated January 29, 1920, an universal labor obligation provided for criminal responsibility for the message of officials of obviously false information in order to promote evasion of doubt. Decree of the WCTC and SNK dated June 1, 1921, providing for criminal liability for all kinds of illegal actions of officials who contribute to the embezzlement or related to them, a prerequisite for responsibility considered the misfortune of these actions. He spoke about the employees of the supply authorities, "shown in the obviously illegal vacation of goods"; about employees of warehouses to be attracted to criminal responsibility "for obviously illegal vacation of goods"; About persons, "" Receiving goods receiving goods from state warehouses that are responsible ... For the purpose of speculation ... "or" guilty of mass buying, selling and resale goods obtained knowingly illegally for them "3.
The fact that some of the standards adopted at that time, which included an indication of the obstacle withstood the test
1 SU RSFSR 1920 No. 88, Art. 450.
2 SU RSFSR 1917 No. 11, Art. 160.
3 SU RSFSR 1921 No. 49, Art. 262.
II later entered into almost unchanged EDRs in the Codes. Thus, the SNA decree dated November 24, 1921 provided for the responsibility for the "obviously false denunciation of a judicial or investigative authority to commit a certain face of criminal act". This definition was reproduced with some changes in Art. 177 of the Criminal Code of the RSFSR 1922, Art. 95 The Criminal Code of the RSFSR 1926 and Art. 180 of the current Criminal Code of the RSFSR.
Similarly, the "obviously false message in a written statement by a public institution or an official or in response to an official request ..." From the mentioned SNA decree dated November 24, 1921 was transferred to Art. 127 of the Criminal Code of the RSFSR 1922 and with some changes is reproduced in Art. 187 of the Criminal Code of the RSFSR 1926.
In some cases criminal law The first years of revolution generally mentioned the intelligence of certain actions. Already in the decree of SNK dated November 16, 1917, the dissolution of the Petrograd city Duma was said to led the court of guilty of intentional damage or destroying urban property2. On December 20, 1919, Emergency Commissions dated June 20, 1919, in particular, in particular, for intentional extermination or damage railway paths, bridges and other facilities and messages. On the malicious destruction of railway structures, the decision of the Council of Working and Peasant Defense dated October 10, 1919 was mentioned in the National Economy and SNK Cited Decree and SNCs on June 1, 1921, it is mentioned about intentional non-bidding the embezzlement.
Determining the attempt, the guidelines on the criminal law of the RSFSR of 1919 said that ^ committed fulfilled everything that was considered necessary to bring his intent in execution, .. ".
It should, however, note that not only in any of these cases attempted to disclose the content of intent, but the terminology itself did not differ in clarity. On the decree of the SNK of January 29, 1920 "On the Procedure
* SU RSFSR 1921 No. 77, Art. 639. "SU RSFSR 1917 No. 3, ST 37. 3 SU RSFSR 1919 No. 27, Art. 301.
universal Labor Meetility "was mentioned, for example, about" intentional damage to workers of labor and materials "", and the decree of the Central Executive Committee of March 20, 1920, "all types of deliberate and mercenary encroachment both on the property of railway and On entrusted roads for transportation "2. Moreover, more than once the legislator attached the need to prevent serious harm in such important things that it considered to largely or fully equalize its intentionally and careless causing. On the decree of the All-Russian Central Executive Committee of March 20, 1920 said: "... Not only intentional non-fulfillment of official duties (sabotage), but also clearly negligently to them the attitude in cases that have important consequences for transport."
We observed a similar picture in the above-mentioned decision of the Court of Cassation Division of the Central Executive Committee of October 6, 1918, where it was said about discrediting "by negligence or with intent" of the Soviet power in the eyes of the population. Equally, in this regard, the resolution of the service station of July 27, 1920 "On the fight against forest fires" 3. In it, it was not possible to betray the court of the revolutionary military tribunal of officials and "individuals who" intentionally, in negligents or due to the non-fulfillment of decrees, rules, orders and instructions caused a forest fire or did not adopt dependent measures for its prevention and termination, "but also" for Fire because of the careless breeding of fire in the forest, near the forest, on arable land, pasture, aboser, etc. Guilty are subject to responsibility to the court of the revolutionary tribunal, as for the delightful arson. "
Under these conditions, it is difficult to say that it was the legislator who understood at that time under the intent, how he was delivered "him from negligence and correlated with the goal, the motive, the obstacle or the" intention "of the relevant actions.
The situation was further complicated by the fact that
"SU RSFSR 1920 g No. 8. Art. 49,
2 SU RSFSR 1920 g "No. 21, Art. 112.
3 SU RSFSR 1920 No. 69, Art. 320,
criminal legislation of the period of mention of subjective side Crimes generally met quite rarely.
On the one hand, when it was about crimes, the essence of which was more or less understandable to people's legal consciousness without their detailed description in the law, the legislator was widely resorted to the use of simple dispositions. The law said that a grave crime is "any damage of confiscated property" ";" Guilty of the hire of materials, products, orders and in improper reports and such abuses is subject to criminal responsibility; 2; that the Military Revolutionary Committee should To accept "the most decisive measures to eradicate speculation and sabotage" 3; that "in the case of an explicit sabotage from the postal-telegraph officials," it is necessary to take the most decisive binding measures4; which is the maintenance of the revolutionary military tribunal of the army, are subject to the commission of such common crimes such as Maraders , encroachment on human life, rape, robbery, robbery, arson, fake monetary signs and documents5.
On the decree of the SNCOTBARMA 1921, "On the restriction of court sentence rights" contained a lengthy list of crimes, in connection with which the issue of restriction in the rights could be placed. This is a counter-revolution, murder, robbery, causing hard wounds and injections, arson, robbery, theft, fraud, impostor, extortion, assignment, waste, buying obviously stolen, roving, speculation in the form of fishery, bribery, flag, fake, rape, rape , Plust of juvenile, professional pampering and content of deputies of debauchery. In the overwhelming majority of cases, these names were not deciphered in previously published criminal laws.
This feature of the criminal legislation of the first years of the revolution was undoubtedly due to the fact that
"SU RSFSR 1917 No. 1, Art. 3.
2 SU RSFSR 1917 No. 3, Art. 35
3 SU RSFSR 1917 No. 3, Art. 33.
4 SU RSFSR 1918 No. 33, Art. 439.
5 SU RSFSR 1919 No. 58, Art. 549.
for this period, the fight against crime was carried out to a greater extremely revolutionary movement of the wide masses.
Long before the revolution V. I. Lenin wrote that "the people, the mass of the population, unformed," randomly "gathered in this place, herself itself and directly performs on the stage, herself reigns the court and massacre, applies power, creates a new revolutionary law" " . At the II All-Russian Congress of Soviets in 1917, V. I. Lenin said: "We must follow our life, we must provide complete freedom of creativity to the folk masses" 2.
This, of course, did not mean the denial of the organizing role of Soviet laws or the accuracy of their meaning and opportunities. On the contrary, the decrees of Soviet power should have directed a people's movement, orient him to resolve the problems of the protection of the revolutionary order. ". Detacks, -The estimated V. I. Lenin, - the ego - instructions that call for a massive practical case" 3.
When it comes to acts, the essence of which was more or less clear from their items, the law could fulfill its role as an instruction calling for a massive case by specifying these items without further detail. On the contrary (and this is also very characteristic and indicative), when the need arose to establish criminal liability for encroachments, the essence of which would not be "understood by the wide masses without their detailed description in the law, the legislator was consistently" resorted to such a description.
Thus, the Decree of SNK, of July 22, 1918, the speculation contained not only the detailed definition of this crime, but also a description of its various more and less dangerous species with relevant responsibility differentiation. The most severe punishment should have undergone guilty in sales, buying or storage for sale in the form of fisheries of food, monopolized by the republic. Less dangerous species Specs Decree considered sales, buying or storage in
* V. I. Lenin, Poly. Cathedral Op., vol. 12, p. 320-321.
2 V. I. Lenin, Poly. Cathedral cit., vol. 35, p. 27.
3 K. I. Lenin, Poly. Cathedral Op., vol. 38, p. 199.
the form of fishery of normalized food products at prices above solid or other, except for food, monopolized items. For speculation, persons guilty of sales, buying, or storage were also to be answered with the purpose of sales in the form of fishery of other normalized items of mass consumption at prices above solid. For cases where the above-described actions were not made in the form of fishery, the decree provided softened responsibility.
On charges of sabotage, the court of the revolutionary Tribunal was subject to those, "who actively opposes the working and peasant government or calls on others to counteract him through the non-fulfillment of decrees and other decisions of the Soviet government to local or central; It clearly ignores such decisions and makes it difficult to work in government or public institutions or calls for a sabotage or organizes such. " On charges of herdogue, "Who will learn the forge of Soviet documents (orders, mandates, certificates, permits and other documents) or will use such concrete documents, as well as who, having the right, will take advantage of authentic documents for its personal mercenary purposes or uses Such documents without having the right to them "".
In some cases, detailed descriptions of crimes turned out to be necessary due to the insufficient developments of the provisions of the general part, the lack of the Code and the desire of the legislator to ensure the comprehensive protection of important interests with the means of a special part.
Thus, the instructions for the Minors on juvenile affairs of 1920 provided for the criminal liability of adults for incitement and declining minors and juvenile to the commission of socially dangerous acts, complicity with them in a crime or "connivorce such", the declination of them to prostitution and sexual perversions, paming, the operation of their work and the ill-treatment is reduced. Decree of SNK.
"RESOLUTION OF THE CASSATION DEPARTMENT OF THE WTCIK" On the jurisdiction of revolutionary tribunals ", Sievestep of the Russian Federation dated October 6, 1918, 2 SU RSFSR 1920 No. 68, Art. 308.
on July 12, 1920, he established criminal liability for storing firearms "without legitimate rights to him, even if storage did not have criminal goals", shooting in the air "Without much need" from places of cluster of the people, unprecedented shooting clock and militiamen, illegal issuance Weapons "persons who do not have the right, or a person who is not assigned to" weapons ", and, finally, a careless handling of firearms," \u200b\u200bthe consequence of what an accident will appear. "
1921 contained the definitions of a number of crime associated with commodity exchange and trade. These were an artificial increase in market prices for products by mutual agreement; Invisor "With the top target" of goods to the market; exchange, buying and selling in the form of fishery of products, materials and products, monopolized by the state or prohibited to free handling; Trade in the seed material in the area of \u200b\u200bthe sowing turnover, "the consequence of what the needed fields appeared"; Exchange, buying and selling products, falsified or obviously unfaithful; trade without permission or without paying the established tax; Violation of the rules about the time and place of trade, etc.
As can be seen from the examples given on the previous pages, the legislator and when building a very detailed descriptive dispositions did not show much interest in the subjective side of crimes.
For the subsequent presentation, it is also important to note the fact that many of the newly given positions, sometimes with an almost unchanged wording, passed into the later legislation. So, in the Criminal Code of the RSFSR
1922 in Art. 85 provided for "fake mandates, certificates and other providing the right or liberating documents": in Art. 20- "Storage of firearms without proper permit"; in art. 136- "Violation of the provisions governing the conduct of state monopolies"; in art. 137- "Artificial price increase on
"SU RSFSR 1 & 21, No. 70, Art. 557. 2 SU RSFSR 1921 No. 70, Art. 557.
goods by conspiracy or strikes of traders among themselves or by malicious non-deployment of goods to the market "; in art. 139- "Purchase or sales in the form of fishery of products, materials and products relative to which there is a special prohibition or fencing"; in art. 141 - "Violation of the rules about trade in those or other products or products", etc.
Interestingly, some of the above provisions appeared again in the legislation after a significant break. Thus, the decision of the CEC and SCC of the USSR dated April 7, 1935 provided for criminal liability for incitement or attracting minors "to participate in various crimes", as well as for the coercion of minors "to occupying speculation, prostitution, poorness, etc.". Criminal liability for "negligent storage of firearms, which created the conditions for the use of this weapon with another person, if it led to grave consequences," was again established only in 19602.
All-Russian Central Executive Committee
Decision
On the introduction of the Criminal Code of the RSFSR
In order to fencing the workers' and peasant state and the revolutionary law and order from its violators and socially dangerous elements and the establishment of the solid foundations of the revolutionary legal consciousness, the All-Russian Central Executive Committee
decides:
2. From the moment of its entry into force, it disappears all other norms that establish the basis of the foundation and the amount of criminal penalties.
3. The Criminal Code applies to all criminal acts that have not been discussed in court before introducing it.
4. Changes or additions to this Code, caused by local living conditions, are entered into a living by the decisions of individual Central Executive Committees on approving the All-Russian Central Executive Committee.
5. The Presidency of the All-Russian Central Executive Committee is entrusted to introduce this Code in the territory of the Union Soviet republics in a proper order.
Genuine signed:
Chairman of All-Russian
Central executive
Committee.
M.Kalinin
People's Commissar of Justice
D. Kursky
Secretary of All-Russian
Central executive
Committee.
A. Yenukidze
Criminal Code of the RSFSR
Entry from January 1, 1927
in connection with the adoption of the Criminal Code of the RSFSR 1926
____________________________________________________________________
a common part
I. The limits of the criminal code.
1. The Criminal Code applies to all crimes committed within the RSFSR, both its citizens and foreigners, if the latter in their diplomatic situation do not enjoy the right of extraterritoriality.
2. The action of this code applies to the citizens of the RSFSR and in the case when criminal acts are committed by them outside the republic.
3. The action of this Code also extends to foreigners who have been in the RSFSR who have committed the limits of the Republic of the crime against the foundations of the state system and the military power of the RSFSR.
4. Withdrawal from the action of Art. 2 of paragraph 3 of the Criminal Code may only take place in the order of special treaties concluded by the RSFSR with individual states.
II. General principles of punishment
5. The Criminal Code of the RSFSR has its task to legal protection of the state of workers from crime and from socially dangerous elements and carries out this protection by applying to violators of the revolutionary law enforcement of punishment or other measures to social protection.
6. The crime recognizes every socially dangerous effect or inaction, threatening the basics of the Soviet system and the rule of law, established by the working and peasant authority for the transitional time to the communist system.
7. The danger of a person is detected by the action of actions harmful to society, or activities indicating a serious threat to public law enforcement.
8. Punishment and other social protection measures are applied to: a) the overall prevention of new violations both by the violator and on the part of other unstable elements of society; b) adaptations of the violator to the conditions of the hostel by correctional labor; c) deprivation of the criminal ability to make further crimes.
9. The purpose of punishment is made by the judicial authorities on their socialist legal consciousness in compliance with the leading principles and articles of this Code.
10. In the absence of direct instructions in the Criminal Code of direct species for certain types of crimes, punishment or social protection measures are applied according to the articles of the Criminal Code, providing for the most similar to the importance and kind of crime, in compliance with the rules of the general part of this Code.
11. Only those that are subject to punishment.
a) acted intentionally, i.e. foresee the consequences of his act and they wished them or consciously allowed their offensive;
b) they acted carelessly, i.e. Fastenlessly hoped to prevent the consequences of their actions or did not foresee them, although they had to foresee them.
12. Cooking for a crime is considered to be the acquisition, acquisition or adaptation of guns, tools and creating conditions or committing crimes.
Cooking for the crime is punishable only if it is in itself a punishable effect.
13. An attempted crime is considered to be aimed at committing a crime when it did not fulfill such that it was necessary to bring his intention to fulfillment, or when, despite the fulfillment of everything that he considered it necessary, the criminal result did not occur reasons from it independent.
14. Attempt on any crime is punished as a perfect crime, and the absence or insignificance of harmful consequences of the attempt may be taken into account by the court in determining the penalties; The attempt, which did not communicate to the end on his own motivation of the attempted, punishable as a crime that is actually committed by him.
15. For a crime, both performers and instigators and accomplices are punished. The penalty of each of these partners of the crime is defined as a degree of participation and the degree of danger of the criminal and the crime committed.
16. The performers are those who are directly involved in the fulfillment of criminal effects, which would be it.
Incruitors are considered to be faces that bowed to committing a crime.
The accomplices are those who contribute to the fulfillment of the crime by advice, instructions, eliminating obstacles, concealing the criminal or traces of a crime.
17. The punishment is not subject to the person who committed a crime in a state of chronic mental illness or temporary disorder of mental activity, or in general, in such a state, when those who committed it could not give themselves the report in their actions, and equally those who, although acted in a state There is a mental equilibrium, but by the time or bringing the sentence to execution suffers from mental illness. Only social protection measures specified in Art. 46 of the Criminal Code.
This article does not apply to persons who have led themselves into a state of intoxication to commit a crime.
18. Punishment is not applied to young up to 14 years, as well as all minors from 14 to 16 years, in which it is recognized as possible to restrict themselves to the measures of medical and pedagogical impact.
19. The criminal act is not subject to punishment, committed with the necessary defense against the illegal encroachment on the identity or right of defending or other persons, if it is not allowed to exceed the limits of the necessary defense.
20. The criminal act, perfect for the salvation of life, health, or other personal or the property of life, or another person, who was inevitable in these circumstances by other means, was not punished with the punishment of a life, health, or other personal or property of his other person, if the harm caused is less important compared to the security. Bent.
21. Punishment does not apply when from the time of the crime, for which the Criminal Code, as a higher punishment, determined imprisonment for a period above one year, passed at least five years or when three years have passed since the commission of less severe crime - provided : 1) Earth for all this time there was no production or investigation in this case and 2) if the crime covered with the prescription did not commit any other crime for the term specified in this article.
22. Pressure deadlines established by Art. 21, double if they attracted to a consequence or court disappeared or otherwise evaluated from those.
23. The Criminal Code applies to all the acts not considered by the court before its introduction.
III. Definition of penalties
24. In determining the measure of punishment, the degree and nature of the danger as the criminal himself and the crime committed them are taken into account.
To establish this, the situation of a perfect crime is being studied, the identity of the criminal is being studied, because this has emerged in the crime committed to him and his motives and since it is possible to understand it on the basis of his lifestyle and the past, and also establishes how the crime of time and place itself violates the basics Public security.
25. Therefore, to determine the measure of penalties, it differs: a) whether the crime was committed in the interests of the restoration of the bourgeoisie, or in the interest of purely personal committed a crime; b) whether the crime is aimed against the state or a separate person; c) whether the crime is in a state of hunger and needs or not; d) whether the crime of low-lying, mercenary motives is committed or without any; e) whether the crime is committed with the complete consciousness of harm caused by or by ignorance and nonconsciousness; e) whether the crime was committed by a professional criminal or recidivist, or it was committed for the first time; g) whether the crime is committed by a group (whip, gang), or one person; h) whether the crime is committed by violence or without such; And), a deliberate intention, cruelty, trick, or a crime committed in passing, trust, or a crime, was deemed a crime, or a crime, elderly, or under the influence of threats and coercion to another person.
26. As a measure of defensive, the punishment must be advisable and at the same time completely devoid of signs of tormenting and should not cause the criminal of useless and unnecessary suffering.
27. Installing the measure of punishment, the Criminal Code distinguishes the two categories of crimes: a) the foundations of the new law and order established against the established working and peasant power of the foundations or recognized by it the most dangerous, according to which a lowest limit of punishment is not subject to a decrease in the court and b) all other crimes which the highest limit is set by the penalty court.
28. In the event that, according to the exclusive circumstances of the case, the court comes to convincing the need to determine the sentence below the lower sentence indicated in the criminal code of the Criminal Code, or go to the other MenEe the grave of punishment, in this article is not indicated, the court It may assume such a retreat, but not otherwise, however, as defining the motives in the sentence, it forced him.
29. When in the perfect accused Act is contained signs of crimes envisaged different articles Code, the court determines the punishment under the article establishing the greatest punishability.
30. In the case of a defendant before the sentence of two or more criminal acts, the court, having determined the punishment for each crime separately, senses the guilty of the grave from all the sentences appointed by him, and the latter can be increased to the highest sentence limit established by the article by which It was determined.
31. When appointing a court of punishment, it is read on time deprivation of freedom from a preliminary sentence.
IV. Birth and types of punishments and other social protection measures
32. Punishments imposed on the Criminal Code, the essence:
a) exile from the RSFSR limits for a term or indefinitely;
b) imprisonment with strict insulation or without any;
c) forced work without detention;
d) conditional condemnation;
e) confiscation of property - full or partial;
g) defeat rights;
h) dismissal from office;
and) public censure;
k) Laying duties to make harm.
33. For cases in the production of revolutionary tribunals, henceforth to the cancellation of the All-Russian Central Executive Committee, in cases where the articles of this Code define the highest measure of punishment, the quality of such a shot.
34. The deprivation of freedom is appointed for a period of six months to ten years and departs in places of imprisonment (correctional labor houses, labor agricultural and craft colonies, transitional correctional homes), depending on the measures of correctional impact, which are to correct the criminal necessary . In the sentence of the court should be indicated, for what time a sentence sentenced to imprisonment and whether strict isolation is required. The deprivation of liberty is necessarily connected to the works that should be able to communicate with special knowledge or inclined prisoners.
35. Forced work without detention are appointed for a period of seven days to one year. Forced work is divided into:
a) work in the specialty under which the convicted continues to work in its profession with a decrease in the tariff category, with compulsory overtime works and with transfer to another institution or enterprise, or to another locality;
b) the work of unqualified physical labor.
In the verdict of the court should be indicated, to which of these forms of forced work is sentenced to be convicted and for what time.
36. When the crime in which the punishment is determined in the form of imprisonment, was committed by convicted for the first time, with a severe circumstance in his life, and when the degree of danger of a convicted person for a hostel does not require compulsory insulation and even appointing forced work, the court can apply to it Conditional condemnation, i.e. To decide on the intelligence of the conviction in terms of imprisonment, subject to the imperfect of the convicted or uniform with a perfect crime.
An additional punishment attached to the sentence to imprisonment of freedom in the form of a monetary or property recovery is carried out on general groundsRegardless of the fact that the main punishment of this sentence is appointed conditional.
When the court determines that the consequence of the condemnation of this accused should be the defeat of his rights, the court is not entitled to apply conditional punishment to him.
37. In the case of a new identical or homogeneous crime during the trial period appointed by the court (at least three and not over ten years), the deprivation of freedom of a conditional sentence is departed by the convict on the emergence due to the conviction of a new case and, moreover, regardless of the appointed the last sentence punishment but with what total time The deprivation of imprisonment on both sentences should not exceed ten years.
38. The confiscation of property consists in compulsory gratuitous alienation in favor of the state of everything or defined by the court of property of the convict, with the exception of household items necessary for the convicted and its family and its employee to the existence of a convicted and his family inventory of small, handicraft or agricultural production, or inventory necessary for the professional work of the convicted person, as well as with the exception of food items necessary for personal consumption of the convicted person and his family, for a period of at least six months.
The inventory required for the professional work of the convicted person can be confiscated if the Court decides to deprive this convicted right to engage in the relevant profession.
39. Fine is monetary recoveryimposed by the court on the convict within the limits established by the individual articles of the Criminal Code, in accordance with the property situation of the convict.
In the case of evasion of the convicted person from paying a fine, such may be replaced by coercive work without detention. The replacement of imprisonment is not allowed by a fine of freedom and fine.
Note: The calculus of the fine is performed by transferring the amount as an appointed amount in gold rubles to Soviet monetary signs at the rate of payment of the fine.
40. The defeat of rights is deprived of no longer than five years:
a) active and passive of election law (Basic law - Coll. Uzak. 1918 N 51);
b) active and passive election law into professional and other organizations;
c) the right to hold a responsible position, but equally be a meeting of the public court, a defender in court, guarantor and guardian.
The defeat of rights for awarded to imprisonment is calculated from the moment of serving this punishment or conditional early release from it.
41. The defeat of rights may be accompanied by a special decree of the Court to be accompanied by the deprivation of a convicted Order of the Red or Labor Banner, but such a resolution should be submitted prior to the sentence of law on the approval of the Presidium of the All-Russian Central Executive Committee.
42. The defeat is administered by the court, as an additional punishment, when making convictions for crimes stipulated by the Criminal Code, if the Court recognizes the convicted person being leaked upon. The question of the defeat of rights in condemnation for the court is obligatory if the Criminal Code indicates a sentence of imprisonment for a period of more than one year or other more severe punishment.
43. Dismissal from office is used as a measure of punishment, resulting from recognizing by the court of the impossibility of leaving the accused in the position of the position.
44. Public censures lies in public (at the meeting, rural gathering, etc.) declared by the court of condemnation this person With the publication of the sentence, in print at the expense of the convict, or without any.
45. The duty to make harm is assigned to the convicted person if the Court recognizes it appropriate that it is personal efforts exactly specified in the verdict, eliminated the consequences of an offense or caused damage to the victim.
46. \u200b\u200bTo other social protection measures, replacing the punishment by the court sentence or following it, belong:
a) premises in institutions for mentally or morally defective;
b) forced treatment;
c) the revenue to occupy one position or to engage in one or another activities or fishery;
d) removal from a certain area.
47. If, according to Article 17 of the Criminal Code, the court does not apply to the accused punishment, but at the same time considers his stay to freedom dangerous for society, the court makes a decree on the compulsory room of the accused to the institution for mentally or morally defective or into a medical institution.
48. The persons convicted by the court and recognized by it socially dangerous, as a result of systematic abuses in the occupation of their profession or fishery, or in position, may be a sentence of the court deprived of no longer than five years of law to engage in this profession or fishery, or to make certain responsibilities.
49. Persons recognized by the court Po of his criminal activity or due to the criminal environment of this area is socio-hazard, can be deprived of the court's sentence of the right of stay at certain areas for a period not over three years.
50. The court, choosing one of the sentences provided for by the appropriate article of the Criminal Code, can attach to it either the necessary measure of social protection, or a different less serious punishment from those specified in PP. D - K Art.32 of the Criminal Code.
V. The procedure for serving the sentence
51. Supervision and guidance on the execution of sentences to imprisonment and forced work is assigned to the central correctional labor department of the People's Commissariat of Justice and its bodies on the ground, carrying out their leadership: 1) the provincial distributional commissions that determine for each deprived of liberty employment institution, see the translation from one correctional labor institution to another; 2) Supervisory Commissions, consisting of separate corrective and labor institutions as the utility of distributional commissions, and 3) forced bureaus, which are recorded by awarded to compulsory work, and send them to work through labor departments (executive committees of councils).
52. Conditionally early release can be applied to serving a sentence in the form of imprisonment or forced work.
53. Conditional and early exemption is expressed either in full release from the serving sentence, or translated into compulsory work without detention for the entire remaining sentence or part of it and is applied by the court.
54. If the preemptive or homogeneous crime during an unnecessary period of punishment, then an unnecessary part of the penalties joins the sentence for the new crime by the court sentence, dealt the case on charges in the latter, but however, the total period of the deprivation of imprisonment should not exceed ten years.
55. A request for early release can be initiated by the convicted personself, its close, organizations, institutions and officials, but not earlier than serving the convicted person of the sentence. Judicial institutions Do not have the right to initiate a question about early release.
56. With regard to minors who have not found enough correction by the end of their departure of the sentence appointed by the court, distribution commissions may enter the People's Court at the location of a correctional labor institution, in which a minor is located, with the idea of \u200b\u200bthe extension of his stay in a meant agencies to continue Corrections, but for a term not over half of the initial sentence defined by the court.
Special part
Chapter I. State Crimes
I. On counter-revolutionary crimes
57. The counter-revolutionary recognizes every action aimed at the overthrow of the workers 'councils conquered by the Proletarian revolution and existing on the basis of the Constitution of the RSFSR of the Workers' and Peasant Government, as well as actions in the direction of the assistance of the part of the international bourgeoisie, which does not recognize the equality of the Communist Capitalism property and strives for its overthrow by intervention or blockade, espionage, presses financing, etc. means.
58. Organization in the counter-revolutionary purposes of armed uprisings or invasion of the Soviet territory of armed groups or gangs, as well as participate in every attempt for the same purpose to seize power in the center and on the ground or forcibly refund from the RSFSR any part of its territory, or terminate the prisoners it is punished -
the highest point of punishment and confiscation of the entire property, with the assumption of the decisions of a decrease in sentence to imprisonment for a period not lower than five years with strict isolation and confiscation of the entire property.
When the participant's ignorance court is established on the endful purposes of the crime, participation in it is punishable -
59. Decision with foreign states or their individual representatives in order to decline them to armed interference in the affairs of the republic, the declaration of war or the organization of the military expedition, as well as the promotion of foreign countries after the announcement of the war or send the expedition, what would this contribute to , punishable -
punishments stipulated by the 1st part of the 58th century. Criminal code.
60. Participation in the organization acting in order to commit crimes, meaning in Article 57-59 of the Criminal Code, punishable -
punishments provided for 1 and 2 cp. 58th articles.
61. Participation in the organization or assistance of the organization acting in the direction of assistance to the international bourgeoisie specified in Article 57 of the Criminal Code, punishable -
the same punishments.
62. Participation in the organization acting in order noted in the 57 article angle. Code, by initiating the population to massive unrest, non-payment of taxes and failure to fulfill obligation or any other way into explicit damage to the dictatorship of the working class and the proletarian revolution, at least an armed uprising or an armed invasion and was not the nearest task of activity of this organization, punishable -
the same punishments.
63. Participation in the organization opposing in the counter-revolutionary purposes of the normal activity of Soviet institutions or enterprises, or using those for the same purposes, punishable -
the same punishments.
64. Participation in the implementation of terrorist acts in the counter-revolutionary purposes, directed against representatives of Soviet Ambassades or leaders of revolutionary workers' and peasant organizations, at least a separate section of such an act and did not belong to a counter-revolutionary organization.
punishments provided for by the 1st part of the 58th article.
65. Organization in counter-revolutionary purposes of destruction or damage to an explosion, arson or other way of rail or other ways and means of communication, funds of folk communications, water supply systems, public warehouses and other structures or buildings, as well as participation in the implementation of these crimes, punishable -
punishments provided for by the 1st and 2nd part of the 58th article.
66. Participation in espionage of all kinds, expressing in the transfer, message or abduction, or the collection of information having the nature of the state secrets, in particular military, foreign powers or counter-revolutionary organizations in counter-revolutionary purposes or for remuneration, is punishable -
Announcement of the same information, in the absence of counter-revolutionary or mercenary purposes and ignorance about the possible consequences of such activities, punishable -
punishments stipulated by 2 part of the 58th article.
67. Active actions and active struggle against the working class and the revolutionary movement, manifested in responsible positions in the royal strict, are punishable -
punishments stipulated by 1 part of the 58th article.
68. Help and the implementation of all kinds of crimes provided for by Art. 57-67, not related to the direct commitments of the commemable crimes or with ignorance about their endful purposes, punishable -
imprisonment for a period not lower than one year.
69. Propaganda and agitation, expressed in the appeal to the overthrow of the authorities of advice through violent or progressive actions or by active or passive countering the working and peasant government, or mass non-fulfillment of military or tax authorities assigned to citizens.
For the same crimes committed in a military situation or under folk unrest, the punishment increases to the highest penalties.
Call to non-fulfillment or countering orders of central or local authorities, with the unidentifiedness of counter-revolutionary purposes, punishable -
punishments stipulated by the 83th century. Angle. Code.
70. Propaganda and agitation towards the help of international bourgeoisie specified in Art. 57th, punishable -
exile from the RSFSR limits or imprisonment for a period not lower than three years.
71. Unauthorized return to the RSFSR limits in the case of punishment under paragraph A Art. 32nd, punishable -
higher punishment.
72. Manufacturing, storage for the purpose of spreading and distributing campaignless arbitrary literature punishable -
73. Fiction and distribution in the counter-revolution purposes of false rumors or unverified information that can cause public panic, initiate distrust of power or discredit it, punishable -
With the unprovenness of the counter-revolutionary actions, the punishment may be reduced to three months of forced work.
2. On Crimes against Control Procedure
74. The crime against the Procedure of Management recognizes any act aimed at the proper functioning of the subordinate management bodies or the national economy, conjugate with the resistance or disobedience of the laws of Soviet power, with preventing the activities of its bodies and other actions that cause the strength and authority of power.
75. Participation B. mass riots Any kind, somehow: the pogroms, the destruction of ways and means of the message, the release of arrested, arson, etc., if the participants in the disorder were armed, punishable -
1) in relation to the organizers, managers and instigators, as well as those participants, koi are carried out in committing murders, arsonists, damage damage, rape and armed resistance to the authorities -
the highest punishment and confiscation of the entire property with the assumption of mitigating circumstances, lowering the sentence to imprisonment with strict isolation for a period not lower than three years with confiscation of property;
2) for other armed participants -
imprisonment with strict isolation for a period not less than two years with confiscation or without confiscation of all or part of the property;
3) in relation to unarmed participants of the riots -
4) in relation to persons who have not taken direct participation in unrest and violent actions, but those who contributed to the participants of the disorders to provide assistance to them or conceal the traces of the crime and the criminals themselves and other actions -
imprisonment for a period not lower than six months.
76. Organization and participation in gangs (armed butters) and gangs organized by robber attacks and robbers, plates to Soviet and private institutions and individual citizens, stopping trains and destruction of Zan.-Dor. ways, if these attacks were accompanied by murders and robbers or were not accompanied, punishable -
the highest measure of punishment and confiscation of the whole property, with the assumption of mitigating circumstances Reducing the punishment to imprisonment for a period not lower than three years with strict isolation and confiscation of property.
Association of gangs and concealing of gangs and individual participants, as well as concealing the mined and traces of a crime, punishable by the same punishments with a decrease in punishment before imprisonment for a period not lower than two years with strict isolation and confiscation of property.
77. Participation in unrest, not aggravated by criminal acts specified in Art. 75, but conjugate with obvious disobedience to the legitimate requirements of the authorities or countering the fulfillment by the latest duties entrusted to them or coordinate them to execute explicitly illegal requirements, at least disobedience expressed only in refusal to stop the cluster threatening public security, punishable -
imprisonment for a period not lower than six months.
78. Mass refusal of taxes of cash or natural or from mapping is punishable:
1) in relation to instigators, managers and organizers -
imprisonment for a term not lower than one year with confiscation of all or part of property.
2) with respect to other participants -
imprisonment for a term not lower than six months, or property recovers not lower than the overs of the same payments and duties.
79. A non-payment of individual citizens on time or refusal to pay taxes, monetary or natural, from the fulfillment of duties or the production of works that have the national importance, punishable -
for the first time by administrative recovers imposed by the relevant authorities within the law of certain.
Repeated and stubborn non-payment or refusal to execute works or domesticities, or other actions that establish the maliciousness of non-payers -
imprisonment or forced work for a period not lower than six months or confiscation of all or part of property, or imposition property Proposals Not lower than the dual size of the same payments or duties.
80. Organized by a mutual agreement of concealment or incorrect reading about the amounts subject to taxation, or accounting of objects and products, including the sizes of sowing, meadow, garden and forest area, or the number of livestock, organized by the subject of items, are clearly poorly disabled, non-fulfillment of mutual Agreement assigned by law on citizens of work and personal duties, punishable -
in relation to instigators, managers and organizers -
imprisonment for a term not lower than one year with confiscation or without confiscation of all or part of property;
with regard to other participants -
imprisonment for a term not lower than six months or the imposition of property recovers or duties not lower than the dual-sized of the same payments and duties;
tE Acts committed not by mutual agreement are punishable
penalties provided for by Art. 79 of the Criminal Code.
81. Evasion from military service by causing himself damage to health, learning the forge into documents, bribing officials, changes in their surname or title, as well as under the pretext of religious beliefs or through any other tricks, punishable -
imprisonment on the sample for at least six months with confiscation of part of the property.
If this criminal act was configured in war time Or by the part of persons called by mobilization into the command composition of the army or fleet, -
the punishment increases to imprisonment for a period not lower than two years, and with especially aggravating circumstances - to the highest penalty.
82. Participants in criminal acts provided for by Art. 75-78 of the Criminal Code involved in the crime of adequacy and ignorance, not appearing in the commission of grave acts, Article 75 envisaged, may be a decision of the court sentenced to conditional punishment.
83. Agitation and propaganda of all kinds concluding a call for committing crimes provided for by Art. 75-81, as well as in the initiation of national hostility and retail, punishable -
If agitation and propaganda took place during the war and were aimed at non-fulfillment by citizens assigned military or military actions related to military actions - then the punishment can be increased up to the highest penalties.
84. Production, storage for the purpose of spreading and distributing literary works calling for the learning of criminal acts provided for by Art. 75-81 Corner.Codex, punishable -
imprisonment for a period not lower than six months
and with aggravating circumstances provided for by the 2nd Part 83
not lower than one year of imprisonment.
85. Forgery of monetary signs and government interest papers, brands and other state payment signs, if it is committed to a preliminary agreement of several persons and in the form of fishery, punishable -
for all participants and accomplices -
the highest punishment with a decrease, with mitigating circumstances, punishment before imprisonment for a period not lower than three years with strict isolation and confiscation of property,
and in the absence of a preliminary agreement, but equally, in relation to the shelter -
imprisonment for a term not lower than two years with strict isolation and confiscation of part of the property.
Fake mandates, certificates and other representing the right or liberating documents punishable
imprisonment for a term not lower than one year.
86. Resistance to individual citizens to the authorities in the performance of them by the laws of duties or coercion to perform clearly illegal actions conjugate with the murder, carrying an injury or violence against the person of the representative of the authorities, punishable
the highest measure of punishment with a decrease in the mitigating circumstances of punishment to imprisonment with strict isolation for a period not less than two years.
If the resistance occurred without learning violence and other criminal actions specified in the 1st part of this article, then such is punishable -
imprisonment for a period not lower than six months.
87. Insulting manifestation of disrespect for the RSFSR, expressed in the abuse of the state coat of arms, the flag, the monument of revolution, cares -
imprisonment for a period not lower than six months.
88. Public insult to individual authorities in the performance of their official duties punishable -
imprisonment for a period not lower than six months.
89. Invalidation of reliably well-known and perfect crimesprovided for by Art. 58-66 angle. Code, punishable -
90. Recalling a false message in a written statement by a public institution or a job person on the activities of government agencies or officials, or a deliberately false answer to the official request such, punishable -
imprisonment for up to one year.
91. Unauthorized assignment of the authorities of an official and learning on these foundations of certain actions is punishable -
imprisonment not lower than one year.
If the unauthorized assignment of the authority of an official was accompanied by a clear decreement of Soviet power, then the punishment increases to imprisonment for a period not less than two years.
92. Abduction, damage, concealment or destruction of official or private documents from government agencies in the proportions of the proper permission of affairs or in general the functioning of institutions is punishable -
93. Production, acquisition, storage or sale of explosives or shells without appropriate permission, if the criminal purpose of learning these acts has not been proven, punishable -
imprisonment for a period not lower than six months.
94. The release of the arrested from custody or from the places of conclusion, or the assistance of his run is punishable -
imprisonment for a term not lower than one year.
If the liberation or promotion of running is configured by violence against the entertainment, which guarded the arrested or place of detention, then the punishment increases to imprisonment for a period not less than two years.
95. Escape of the arrested from custody or from the place of conclusion, which was divided by the subposition, hacking and generally damage to the shutters, walls, etc., punishable -
imprisonment for a term not lower than one year.
96. Hiding circumstances that impede marriage, a giving false information to the authorities leading the registration of acts of civil status, are punishable -
97. Violation of laws and compulsory decisions on the import abroad or the provision of goods are punishable -
forced work for up to three months connected to the confiscation of entirely or part of these goods or a fine of up to 300 rubles. Gold.
The same actions committed in the form of fishery or executed by officials, or if the participants of them, committing them for the first time, were armed, or if the subject was the subject of the provision of the Council of People's Commissars in December 17, 1921 (Coll. Uzak. N 70 for 1921, Art.564), Carae -
imprisonment for a period not lower than three years with strict isolation or with aggravating circumstances by the highest punishment.
Note. This article does not apply to violations of customs regulations, for which administrative recovery is established by law.
98. Departure abroad and entry into the RSFSR without installed passport Or without the permission of the authorities subject to the authorities -
forced work for up to six months or a fine of up to 500 rubles. Gold.
99. Violation of laws and mandatory resolutions established in the interests of forest protection from predatory operation and extermination, as well as leading forestry with a violation of the established plan; Hunting and fishing in unauthorized time, in disturbed places and unauthorized ways and techniques; Selection of stones, sand and so on. without the permission of the authorities subject to the authorities, as well as the development of subsoil of the earth with a violation of the established rules punishable -
imprisonment or forced work for a period of up to one year with confiscation of illegally mined, as well as tools for hunting or fishing, or a fine of up to 500 rubles. Gold.
100. Taking root or damage to the seals or other signs imposed by order of power in order to save certain objects, repositories or other premises, is punishable -
forced operations for a period not lower than one month or a fine of 100 rubles. Gold.
101. Unauthorized edition, reproduction with the purpose of selling literary, musical and general works recognized as the ownership of the republic, punishable -
forced work for up to one year with confiscation of property or without such.
102. Hiding collections and monuments of antiques and art to be registered, accounting or transfer to government storage facilities -
forced work for up to one year with confiscation of hidden property.
103. Self-government, i.e. Unfortunately implementing any of his valid or alleged law, committed with a violation of the same right of another person, punishable -
forced operations up to six months or a fine of up to 500 rubles gold.
104. Participation in the elections to the councils of a person who does not have legal right is punishable -
forced work for a period not lower than three months.
Chapter II. Official (service) crimes
Official (service) crimes
105. Abuse of power, i.e. Performing official the actions that it could have to be solely due to its official position and which, not being caused by considerations of the official need, entailed a violation of the proper operation of the institution or enterprise, or public order, or the private interests of individual citizens, punishable -
imprisonment or compulsory work for up to one year or dismissal from office.
If the same actions had particularly severe consequences, or were committed by an official in mercenary or other personal species, then they punishable -
imprisonment for a term not lower than one year with strict isolation.
Note: Under officials, people occupying permanent or temporary positions in any state (Soviet) institution or an enterprise, as well as in the organization or association, which has certain rights, duties and powers in the law of economic, administrative, educational and other nationwide tasks.
106. Exceeding power, i.e. the commission of actions, brightly emerging beyond the rights and powers granted to him, punishable -
If the excess of the authorities was accompanied beyond that violence, the use of weapons or especially tormenting, or insulting personal advantage of victims, then punishable -
107. Inaction of power, i.e. Failure to fulfill the official of the actions that he had to fulfill the duty of his service, punishable -
punishments provided for by the 1st and 2nd part of the 105th article.
108. Balant attitude to the service, i.e. Inattentive and negligent attitude to the duties entrusted with the duties entrusted with the service, slowness in the work of cases, erraticness in office work and reporting and other service omissions are punishable -
punishments provided for by the 1st and 2nd part of the 105th article.
109. Discretizing power, i.e. Making officials of actions, at least not related to his official duties, but clearly undermining the dignity in the eyes of the workers and authority of those authorities, by the representative of which this official is punishable -
punishments provided for by the 1st and 2nd part of the 105th article.
110. The abuse of power, the excess or inaction of the authorities and the negligence of the service, if the disorder of central or local manufacturing devices, distribution or supply, distribution, or transportation disorder, followed, or transformation disorder or transactions Putting state heritage to the detriment of the interests of the workers, punishable -
imprisonment for a period not lower than five years with strict insulation, and with especially aggravating circumstances - the highest measure of punishment.
111. RESOLUTION of the judges from mercenary or other personal species of the unrealized sentence is punishable -
the deprivation of freedom for a period not lower than three years with removal from judicial posts, and with the highly aggravating circumstances of the highest measure of punishment.
112. illegal detention, illegal drive, as well as coercion to the giving testimony during interrogation by applying illegal measures from the side that produces a consequence or inquiry is punishable -
punishments stipulated by the 2nd part of the 105th article.
Conclusion In custody as a preventive measure from personal or mercenary species, cares -
punishments stipulated by the 2nd part of the 106th article.
113. Assignment by an official of money or other values \u200b\u200bthat are in his jurisdiction due to its official position, cares
- imprisonment for a period not lower than one year with dismissal from office.
The same actions committed by a job officer who clothed special powers, or assigning particularly important state values, are punishable -
the punishment provided for by the 2nd part of the 106th article.
114. Obtaining a person who stands on the state, allied or public service, personally or through intermediaries in any form of a bribe for the implementation or non-fulfillment in the interest of giving any action included in the service duties of this person, punishable -
imprisonment for up to five years with confiscation of property or without such.
Mediation in the commission of a denominated crime, but equal to the shelter of bribery punishable -
imprisonment for up to two years with confiscation of property or without such.
Obtaining a bribe, committed with aggravating circumstances, somehow: a) the special powers of an official who adopted a bribe, b) violations of their responsibilities of the service or c) the assumption of extortion or blackmail, punishable -
imprisonment with strict isolation for a period not lower than three years to the highest penalties and property confiscation.
The person who gone bribe is not punishable in the event that a timely declared the extortion of a bribe or assisted the disclosure of the case on bribery. Otherwise it cares -
imprisonment for up to 3 years.
115. Provocation of bribes, i.e. The deliberate creation of an official of the situation and the conditions causing the proposal of a bribe, in order to follow the initiation of the giving bribe, is punishable -
imprisonment with strict isolation for a period not lower than three years or the highest punishment.
116. Office forces, i.e. Making an official in the official documents of knowingly false information, fakes, cleaning or marking the back of the following, and the compilation and issuance of a deliberately false document or contribute to the book knowingly false records, if these acts are not suitable for signs of the crime provided for by Art. 85th of the Criminal Code, punishable -
punishments provided for by the 1st and 2nd Part 105 of Articles.
117. The disclosure of officials not subject to the announcement of information is punishable -
the same punishments.
118. Failure to submit by officials on time at the request of the central or local authorities of the necessary information, certificates, reports, etc., the presentation of koi for them is obligatory by law, punishable -
for the first time in disciplinary order; In the second force forced work for a period not lower than three months with dismissal from office, if there is no sign of a crime under Art. 107 and 108 of the Criminal Code.
Chapter III. Violation of the Regulations on the Church Department from the State
Violation of the Regulations on the Church Department from the State
119. The use of religious prejudices of the masses in order to overthrow the workers' and peasant authorities or to initiate to resist its laws and regulations, punishable -
penalties provided for by Art. 69 corner. Code.
120. The commission of fraudulent actions in order to initiate superstitions in the masses of the population, as well as to extract any benefits of such paths -
imprisonment for up to one year or forced work for the same period.
121. Teaching minors and minors religious creeds in public or private educational institutions and schools is punishable -
forced work for up to one year.
122. Any coercion when charging fees in favor of church and religious organizations or groups is punishable -
forced work for up to six months, with deprivation of up to two years, the right to enter into contracts with local councils about the use of liturgical property and buildings, with confiscation of the property of the organization.
123. Assigning itself with religious or church organizations of administrative, judicial or other public-legal functions and rights of legal entities is punishable -
forced work for up to six months with the liquidation of the above organizations and confiscation of the property of the Organization.
124. Making in state institutions and enterprises of religious rites, as well as the premises in these buildings of any religious images are punishable -
forced work for up to three months or a fine of up to 300 rubles. Valt.
125. The obstruction of the execution of religious rites, since they do not violate the public order and are not accompanied by encroachments on the rights of citizens, punishable -
Chapter IV. Economic crimes
Economic crimes
126. Labor desertion, i.e. Evasion of accounting or registration established by the authorities announcing or conductive labor mobilization, or from appearance to work, as well as unauthorized leaving of the work performed in the order of labor mobilization, punishable -
forced work for a period not lower than one week.
Labor desertion, associated with damage to the country's defense, punishable -
punishments stipulated by the 2nd 79th Art. Criminal code.
127. Untile use of the head of the institution or the management of the State Enterprise, the workforce provided by the establishment or an enterprise in the order of labor service, punishable -
imprisonment for a period not lower than six months.
128. Infexial reference by persons standing at the head of state institutions or enterprises of the case entrusted to them, as a result of which the production plan was not fulfilled or the quality of the products produced was worse, or the property of enterprises were crushed, causing
imprisonment or forced work for a period not lower than one year, if this crime contains signs of a crime provided for by Article 1010 angle. Code.
129. The estate by the tenant provided to him under the state-owned agreement in the form of means of production is punishable -
imprisonment for a term not lower than one year with a termination of the contract and the confiscation of everything or part of the property.
130. Failure to fulfill obligations under an agreement concluded with a state institution or an enterprise if the obviously malicious nature of the failure to fulfill the contract or other obviously unscrupulous in relation to the state of action, even if these actions were expressed in the return of advances to the term and refusal to further execute the contract, but with using funds provided by the state for purposes that are not related to the fulfillment of obligations under the contract, punishable -
imprisonment for a period not lower than two years with confiscation of part of the property.
If the obviously malicious nature of these acts is proven and they were accompanied by a preliminary agreement between the treasury agents and its counterparties -
punishment can be increased to the highest penalties with the confiscation of all property.
131. Issuance by the institution by the institution or the enterprise of products and items of widespread consumption is not as appointed -
Crimes, meaning in Articles 127-128 Corner. Codex, if they were committed in a combat situation or were associated with military actions, they punishable
imprisonment for a period not lower than three years, and with especially aggravating circumstances - the highest measure of punishment.
132. Violation of the employer established by the Code of Labor Law and general Regulations About the tariff of the rules governing the duration of the working day, overtime hours, night work, the work of women and adolescents, wage, reception and dismissal, and violation special norms about labor protection, punishable -
the fine is not lower than 100 rubles. Gold or forced work for a period not lower than three months, or imprisonment for up to one year.
If the violation hugs a group of workers or a significant amount of them, then the punishment increases to
imprisonment for a term not lower than one year and fine not lower than 1000 rubles. Gold.
133. Violation by employers (both by the relevant persons of state-owned enterprises and institutions and individuals) of collective contracts concluded with them with the trade unions, punishable -
the punishment provided for by the 132nd article.
134. The prevention of legitimate activities of the Fabzans (Sleomsk), trade unions and their authorized or impede use of their rights are punishable -
imprisonment for a term not lower than six months and a fine or confiscation of property.
135. Charging the apartment fee for dwellings from the working and civil servants higher than the size established by the Council of People's Commissars, as well as evicted from the dwelling of workers and civil servants, otherwise, as a sentence of the court punishes -
forced operations for a period not lower than six months and a fine.
136. Violation of the provisions governing the implementation of state monopolies is punishable -
forced work or imprisonment for a period not lower than six months.
137. Artificial increase in prices for goods by conspiracy or strikes of traders among themselves, or by malicious lack of commodity to the market punishable -
imprisonment for a period not lower than six months and confiscation of part of the property with the prohibition of trade law.
138. Speculation with foreign currency in exchange for Soviet monetary signs or on the contrary, punishable -
imprisonment for a period not lower than six months.
139. Purchase and sales in the form of fishery of products, materials of products relative to which there is a special prohibition or limitation is punishable -
imprisonment for a term not lower than six months with confiscation of property and prohibition of trade law.
140. Preparation for the purpose of sales of wines, vodka and generally alcoholic beverages and alcohol-containing substances without proper permit or over the mounted fortress, but equal to illegal storage in order to sell such beverages and substances is punishable -
forced work for up to one year with confiscation of part of the property.
141. Violation of the rules for trade in the trade or other products or products in cases where they are responsible for the court, punishable -
imprisonment or compulsory work for a period not lower than six months or a fine of up to 500 rubles. Gold.
Chapter V. Crime against Life, Health, Freedom and Publicity
Crimes against life, health, freedom and dignity of personality
1. Murder
142. Intentional killing is punishable by imprisonment for a period not lower than eight years with strict insulation, provided it:
a) from a pearly, jealousy (if it is not suitable for the signs of Article 144) and other low-lying motives; b) the person who has already served the punishment for intentional murder or very grave corporal damage; c) a way dangerous to the life of many people or especially painful for the dead; d) to facilitate or hide another serious crime; e) face whose duties lay a special concern for killed; e) using the helpless position of the murdered.
143. Intentional murder committed without the conditions or circumstances specified in the previous article is punishable -
imprisonment for a period not lower than three years with strict isolation.
Note: The murder committed at the insistence of a compassion killed from a sense is not punishable.
144. Intentional murder, committed under the influence of strong mental unrest caused by illegal violence or a severe insult from the victim, punishable -
145. Exceeding the limits of the necessary defense, resulting in the death of the attacker, as well as the murder covered at the crime scene of the criminal with an excess of measures necessary for his detention, punishable -
imprisonment for up to one year.
146. Complement with the consent of the mother of expulsion of the fetus or an artificial break of pregnancy by persons who do not have adequate medical training or at least having special medical training, but in improper conditions, punishable -
imprisonment or compulsory work for up to one year.
If the actions are made to this article are made in the form of fishery or without the consent of the mother or have consequeled its death, the punishment increases to imprisonment for up to five years.
147. Murder by negligence punishable -
imprisonment or compulsory work for up to one year.
If the careless murder was the result of conscious non-compliance with the precautionary rules -
the measure of punishment can be increased to three years in prison, and the CUD can permit the convicted person permanently or for a certain period of this activity, in the fulfillment of which he caused death.
148. Assistance or a focus to the suicide of a minor or a person, knowingly unable to understand the properties or importance of them performed, or lead their actions, if suicide or attempts followed, punishable -
imprisonment for up to three years.
2. Personal injuries and violence
149. Intentional grave corporal damage caused by life-threatening health disorder, mental illness, loss of vision, hearing or any other organ, or an indelible deficitation of the face, punishable -
imprisonment for a period not lower than three years.
If death was followed from such damage, or if it is made by a method that bears the nature of torment or torture, or was the consequence of systematic, at least light damage, it cares -
imprisonment for a period not lower than five years with strict isolation.
150. Intentional less serious bodily damage, non-hazardous for life, but caused a constant disorder of health or a long disturbance of the function of any organ, punishable -
imprisonment for up to three years.
151. Intentional grave or less serious bodily damage caused under the influence of strong mental unrest caused by illegal violence over a person or a severe insult from the victim, punishable -
152. Exceeding the limits of the necessary defense, resulting in a serious bodily damage to the attacker, and equal to such damage to a criminal caught at the crime scene with an excess of measures necessary for its detention, punishable -
imprisonment or compulsory work for up to one year.
153. Intentional light bodily damage punges -
imprisonment or compulsory work for up to one year.
154. Careless bodily damage punges -
If careless bodily damage was the consequence of conscious non-compliance with the precautionary rules established by law or legal regulations of the authorities, the measure of punishment can be increased to one year of imprisonment, and the court can rendet the condemnant for a certain period to continue the continuation of the activity in which he caused corporal damage
155. Recognized infection of another person with severe venereal disease is punishable -
imprisonment for up to three years.
156. The deliberate supply of working in such working conditions under which he fully or partly lost or could lose its ability to work, punishable -
imprisonment or compulsory work for a period not lower than one year.
157. Intentional strikes, beatings or other violent action that caused physical pain, punishable -
imprisonment or compulsory work for up to one year.
If the measured violent action was the nature of the torture, -
the punishment increases on the term of imprisonment at least two years with strict isolation.
158. Personality violence, if it is caused by equal or more serious violence, equal to the necessary defense.
159. Forced illegal deprivation of any freedom, performed by detention or premises it in any place, punishable -
imprisonment for up to one year.
160. deprivation of liberty in a way dangerous to life or health deprived of liberty or accompanied by a torment for him, punishable
161. Placement in the hospital for the mental obviously healthy face from mercenary or other personal species is punishable -
162. Abduction, concealment or substitution of someone else's child with a selfish goal, from revenge or from other personal species, cares -
imprisonment for up to four years with strict insulation.
3. Leaving in danger
163. Leaving without the help of a person in dangerous to life and deprived of the ability of self-preservation by youngsterity, patternness, illness, or due to another helpless state, if the left without help was obliged to take care of such a person, punishable -
imprisonment for up to two years.
If the face left without help, deprived of self-preservation capabilities and was not on the care of the left, but the latter was delivered to the obviously dangerous condition for living, -
the measure of punishment can be increased to three years of imprisonment.
164. Involvement to the subject to institutions or persons about life-threatening the position of another person, unspokesia of the last help, which he could have if the death or grave damage was caused, punishable -
forced work for up to six months.
165. Unwise of helping the patient without a valid cause of a person who is obliged to provide it with the law or on the established rules, punishable -
forced work for up to one year or a fine of up to 500 rubles gold.
Changing a doctor in rendering medical careif he knowously could have dangerous for sick consequences, punishable -
imprisonment for up to two years.
4. Crimes in the field of sexual relations
166. Sexual intercourse with persons who have undergone puberty, punishable -
imprisonment for a period not lower than three years with strict isolation.
167. Sexual intercourse with persons who did not reach puberty, conjugate with the plant, or satisfying the sexual passion in perverted forms, punishable -
imprisonment for a period not lower than five years.
168. Clarification of juvenile or minors committed by depraved actions against them is punishable -
imprisonment for up to five years.
169. Rape, i.e. sexual intercourse with the use of physical or mental violence or by using the helpless state of the victim, punishable -
imprisonment for a period not lower than three years.
If rape has his consequences of the victim's suicide, the punishment increases for a period not lower than five years.
170. Forcing from mercenary or other personal species to the classification of prostitution, perfect through physical or mental impact, punishable -
imprisonment for a period not lower than three years with strict isolation.
171. Summary, the content of deputies of debauchery, as well as the recruitment of women for prostitution, cares -
imprisonment for a term not lower than three years with confiscation of everything or part of the property.
If the prostitution involved in prostitution was carefully or subordinate to the accused, or did not reach the age of age, then the punishment increases for a period not lower than five years of imprisonment.
5. Other encroachments on personality and its dignity
172. Insult, inflicted by any action, verbally or on a letter, punishable -
forced work for up to six months or a fine of up to 500 rubles in gold or the other.
Insult caused by equal or more violent violence or insult from the victim.
173. Insult, pronounced in common or publicly exhibited works of printing or images, is punishable -
imprisonment for up to one year.
174. slander, i.e. Announcement of an obviously false and annoye face circumstances, punishable -
imprisonment or compulsory work for up to six months.
175. The slander in print or otherwise multiplied by the work is punishable -
imprisonment for up to one year.
176. Hooliganism, i.e. mischievous, earthlessness, conjugate manifestation of disrespect for separate citizens or society as a whole action, punishable -
forced work or imprisonment for up to one year.
177. Recalling a false denunciation of a judicial or investigative authority, or a job person who has the right to initiate persecution, about committing a certain face of a criminal act, punishable -
imprisonment for up to one year.
178. Obviously false testimony given by a witness, an expert or translator in the production of inquiries, consequences or trial in the case, punishable -
imprisonment for a term not lower than one year.
179. Obviously false denunciation or testimony, connected: 1) with a charge of a gravit crime, 2) with mercenary motifs, 3) with artificial creation of evidence of the charge, punishable -
imprisonment for a period of no less than two years.
Chapter VI. Property crimes
Property crimes
180. Theft, i.e. The secret abduction of property in possession, use or maintaining another person or institution is punishable - on the following grounds:
a) theft of a private person without the use of any technical techniques (simple theft) punishable -
forced work for up to six months or imprisonment for six months;
b) theft with the use of guns or tools, or other technical devices and techniques, or when it is made by a person engaged in thefts as a profession, or when the stolen was obviously necessary means of the existence of the victim, or when it was committed on a preliminary agreement with other persons (qualified theft) punishable -
imprisonment with strict isolation for up to two years;
c) theft of horses or cattle in the labor agricultural population is punishable -
imprisonment for a period not less than two years;
d) simple theft from state or public warehouses and institutions is punishable -
imprisonment for up to one year or forced work on the same CPO;
e) a simple theft from state or public institutions and warehouses, or from wagons of steamboats, barges and other vessels and a person committed to those who have access to such, punishable -
imprisonment for a term not lower than one year;
(e) Simple theft from state or public institutions and warehouses, from cars and vessels committed by a person who is entrusted with such or their protection, punishable -
imprisonment for a period not lower than two years with strict insulation;
g) qualified theft committed from government agencies, warehouses and other storage facilities is punishable -
imprisonment for a period not lower than two years with strict insulation;
h) the embezzlement from state warehouses, cars, vessels and other storage facilities, which has been systematically or committed by responsible officials, or in particularly large sizes of the stolen, punishable -
181. Purchase of knowingly edged punishable -
forced work or imprisonment for up to one year.
The same crime committed in the form of fishery and for the purpose of marketing, punishable -
imprisonment for a period not lower than one year with confiscation of part of the property.
182. Robbery, i.e. Open kidnapping of someone else's property in the presence of a person possessing, who enjoyed or the victims of them, but without violence against his personality, cares -
forced work or imprisonment for up to one year.
183. Robbery, connected to violence, not dangerous to the life and health of the victim, punishable -
imprisonment for up to three years.
The same crime committed by a recidivist or group of persons (sucker) is punishable -
imprisonment for a period not lower than three years with strict isolation.
184. Robbery, i.e. Open, in order to abduct the property, the attack of a separate person on someone, connected with physical or mental violence, threatening death or injury, is punishable -
imprisonment for a period not lower than three years with strict insulation, and with a relapse - the highest punishment.
The same crime committed by a group of persons (banditism) is punishable -
penalties provided for by Art. 76 corner. Code.
185. Assignment, i.e. Unauthorized retention with a selfish goal, as well as the embezzlement of property, entrusted for a specific purpose, who was executed by a private person, punishable -
186. Assigning or squabbed by the official of the property, entrusted to him by his post, cares -
penalties provided for by Art. 113 angle. Code.
187. Fraud, i.e. Receipt with the mercenary purpose of property or property rights through the abuse of trust or deception, punishable -
forced work for up to six months or imprisonment for six months.
Note: Deception is considered as a message of false information and a deliberate concealment of circumstances, the message of which was necessarily.
188. Fraud that had their consequences of a loss caused by the state or public institution is punishable
imprisonment for up to one year.
189. Fake for mercenary purposes as official and simple papers, documents and receipts, if not suitable for signs of the crime specified in Art. 85 corner. Code, punishable -
imprisonment for up to two years.
190. Falsification, i.e. Deceptible change with the mercenary purpose of the species or properties of items intended for sales or public use, as well as the most distribution of such items, punishable -
imprisonment for up to one year or forced work for the same period, with confiscation of falsified objects and prohibiting the right of trade.
191. Falsification of consumption items that had or could have consequences to harm health, but equal to the sale of such items, punishable -
imprisonment for a term not lower than one year with confiscation of part of the property and prohibiting the right of trade.
192. Sales of knowingly unsuccessful seeds punishable -
imprisonment for a period of at least two years with strict isolation.
Note: If the crime is committed specially engaged in trading seeds, then the punishment increases for up to three years.
193. Roshdomism, i.e. Challenge in the form of fishery data Raising interest money in excess percentaged, or the provision of implements of production, livestock, field, garden, or sowing seeds for remuneration in the amount explicitly exceeding the normative norm for this terrain, using the need or cramped position of the resulting loan , punishable -
forced work for up to one year or imprisonment for the same period, with confiscation of the part of the property or without any.
194. extortion, i.e. The requirement to transmit any property benefits or rights to property, or the commission of any action under the fear of learning violence against personality, or the extermination of his property, punishable -
imprisonment for up to two years.
195. Extortion, connected to the threat to announce the informative of the victim or inform the authorities about the illegal act (blackmail), punishable -
imprisonment for up to two years.
196. Intentional extermination or damage to the property belonging to the institution, enterprise or private person, cares -
imprisonment for up to one year or forced work for the same period, or a fine of up to 500 rubles. Gold.
197. Intentional extermination or damage to any property by arson, sumps or any other fashion hazardous way punishable -
198. Unauthorized use for mercenary purposes Other invention or privilege registered in installed manner, punishable -
forced works of NA time up to one year or a fine in a triple size against the benefits extracted from unauthorized use.
199. Unauthorized use in order to unfair competition in foreign trade, factory or craft sign, drawing, model, and equally and someone else's company or foreign name, punishable -
forced work for up to one year or a fine in a triple size against the benefits extracted from unauthorized use.
Chapter VII. Military crimes
Military crimes
200. Specially military crimes recognize the criminal acts of military personnel of the Red Army and the Red Fleet, aimed against the law of non-law military service And the fulfillment by the armed forces of the Republic of its appointment and moreover, such that, according to their nature and meaning, cannot be made by citizens who are not consisting of military or maritime service.
201. Insulting the subordinate servicemen of his boss in the fulfillment of the last official duties punishable, if the insult is inflicted by violent action -
imprisonment for a term not lower than one year with strict isolations.
If the insult was applied only in words or non-violent action -
the deprivation of freedom on the CPU is not lower than six months, with the mitigating guilt of circumstances - according to the rules of the charter of the disciplinary.
The same acts committed under the same conditions by the head for the subordinate to him of the serviceman are punishable -
the same punishment.
202. Failure to the servicemen of orders, legally given to him by the boss, punishable -
imprisonment for a period not lower than one year with stroyly insulation.
The same act committed in a combat situation is punishable -
imprisonment for a term not lower than three years or the highest punishment.
If the failure to comply with the order was implemented according to explicit irremiability or ignorance, then OO is punishable by the rules of the charter of the disciplinary.
203. Resistance to the execution of legal orders of the Military Service or order is punishable -
penalties provided for by Art. 86 corner. Code.
The same act committed in a combat situation even without the use of violence, punishable -
punishments provided for by the 1st part of Art. 86 Criminal Code.
204. Escape, i.e. Unauthorized leaving of the servicemen of his part or place of service with the aim of evaluating the carrying of military service, or from participation in hostilities, punishable -
imprisonment for up to three years with confiscation or without confiscation of property.
The soldier is also subject to punishment, NE, with the same purpose from vacation, business trips, while moving and in other similar cases.
Escape, who was committed in wartime or during a combat situation, from a part or institution, to the composition of which belonged to the fled, or the person of the team or commissioner, punishable -
the highest punishment or imprisonment with strict isolation for a period not lower than 3 years with confiscation of property.
Enclaring, as well as contributing to the execution of the acts provided for by this article punishable - as a direct commitment of these acts.
205. Unauthorized outer, i.e. Unauthorized leaving of the servicemen of his part or the place of service without a goal to avoid military service, causing, depending on the accompanying circumstances, -
or imprisonment for up to 1 year, or according to the rules of the charter of the disciplinary.
The same punishments are punished by the unauthorized failure of a serviceman to the service on time from vacation, business trips, when moving or otherwise similar cases, which was divided without a goal to avoid military service.
Unauthorized rally, which was fought with a combat atmosphere from a part or institution, to the composition of which belongs to the left, punishable -
imprisonment for up to 5 years with confiscation or without confiscation of property.
206. Evasion of a serviceman from carrying military service or from participation in hostilities by causing itself any damage or by other deception (sense of deafness, not dreams, blindness, mental illness, etc.), incitement to committing this act and promoting it , punishable -
penalties provided for by Art. 204 Criminal. Code.
207. Dogging, i.e. illegal alienation of military personnel issued to him (for socks) of stateless objects and ammunition, as well as intelligent damage to them or leaving unattended and in an improper place, punishable -
definition of freedom for a period of up to 1 year, with mitigating circumstances by the rules of the charter of disciplinary with the reimbursement of the value of the progred, corrupted or left things.
The same acts committed in respect of issued by the guilty for the official use of cold and firearms, cartridges and horses, are punishable -
imprisonment for a term not lower than one year.
The same acts committed in wartime or in a combat situation are punishable -
in cases provided for by the 1st part of this article, -
imprisonment for a term not lower than one year;
in cases provided for by the 2nd part of this article -
not lower than three years or the highest punishment.
Persons, obviously adopted from a serviceman to whatever the ground (purchase, exchange, gift, mortgage, etc.) mentioned in this art. Items are subject to responsibility as a partner.
208. Violation of military personnel statutory rules The guard service and legally published in the development of the rules of special orders and orders, if such a violation was not accompanied by any harmful consequences, punishable -
imprisonment for up to one year or by the rules of the charter of disciplinary.
The same act and under the same condition, if, however, it was configured in Karaulchs with posts from the arrested, at cash pantry and boxes, weapons warehouses, firearms and explosives, as well as in Karalahs, having a particularly important state or military The value is punishable -
imprisonment for up to two years.
The same act, if it resulted in one of their harmful consequences, this guard was established in the warning of Koi, causing
in peacetime, imprisonment with strict isolation for a period not lower than three years.
At the war in the war or in a combat atmosphere -
the highest point of punishment with a decrease in mitigating circumstances to imprisonment with strict isolation for a period not lower than three years.
Note: In cases where the violation of the guard rules was configured in the types of facilitating the commitment by other persons of a criminal act, provided for in two sections of this Code, the sentence of Article 30 of the angle is applied. Code for a combination of a crime.
209. Exceeding by the military head of the limits of its power or inaction, committed without malicious intent, which has not resulted in disorganization of the armed forces and material resources entrusted to him or other particularly important consequences, is punishable -
imprisonment for up to three years with strict isolation.
Exceeding by the military head of the limits of its power or the inaction of it without malicious intent, but entailed the overall disorganization of the armed forces and material resources entrusted to him or the lack of proper supply, or the death of these forces and funds, or the disclosure of secrets, strategic plans or other especially important consequences, punishable -
imprisonment for up to five years with strict isolation.
Exceeding by the military head of his power or the inaction of it, perfect with malicious intent, from mercenary or other purposes, regardless of whether it entareled or did not affect the consequences specified in this article, causing
imprisonment for a period not lower than five years.
210. Unauthorized retreat of the military head of this disposition or other order paid for the battle, passing by the enemy entrusted to him by the detachments, strengthening or a military ship, but equal to the destruction or altitude of strengthening, vessel, guns, weapons, food supplies and other Objects belonging to the means of warfare, in cases where these acts were configured without any intention to contribute to the enemy, but only by virtue of the wrong evaluation of them from the point of view of the use of the case during the battle of the situation, punishable -
imprisonment for a term not lower than one year.
The same acts committed in the types of promoting the enemy are punishable -
211. Unauthorized leaving of the battlefield during the battle, refusal during the battle to act weapons against the enemy, are punishable -
punishments provided for by the 58th century. Angle. Code.
212. Correspondence and intercourse of the serviceman during the war directly or through other persons with anyone in the enemy army, in the possession of the enemy or in the terrain engaged in the troops of the enemy, cares -
imprisonment for up to three years with strict isolation.
In the same cases, when a soldier, although without intent, contribute to the enemy, reported in such a way that could have any attitude towards military action, punishable -
imprisonment for a period not lower than three years with strict isolation.
213. Military espionage, i.e. Agenial service of the enemy army by collecting and transferring to the enemy of all kinds of information, awareness in which can contribute to the enemy in his hostile actions against the republic, punishable -
punishments stipulated by the 66th century. Angle. Code.
214. Mraderism, i.e. illegal mapping in a combat situation in the civilian population belonging to the last property, with the use of a threat to military weapons and under the pretext of the need for a mailing for military purposes, as well as removal with the mercenary goal with the dead and wounded things that are punishable
punishments stipulated by the 76th century. Code.
Chapter VIII. Violation of the rules guarding people's health, public security and public order
Violation of the rules guarding folk health,
public security I. public order
215. Preparation of poisonous and potent substances by persons who do not have the right to be punishable -
fine up to 300 rubles in gold or forced work.
216. Justice of those who are subject to authorities to those obliged, about cases of infectious diseases or a case of livestock punishable -
217. Failure or violation in the production of construction work established by law or mandatory decree of construction, sanitary and fire regulations is punishable -
forced operations or a fine of up to 300 rubles in gold.
218. Failure or violation of the rules established by law or mandatory resolution for the protection of the procedure and safety of traffic on railways and waterways of the message are punishable -
forced operations or a fine of up to 300 rubles in gold.
219. The non-fulfillment of a legitimate order or the requirement of a police officer, a military guard, and is equal to any other authorities designed to protect public security and calm, cares -
forced operations or a fine of up to 300 rubles in gold.
220. Storage of firearms without proper permission punishable -
forced work.
221. Violation of the established law or mandatory decree of technical rules for the installation of mechanical engines is punishable -
forced operations or a fine of up to 300 rubles in gold.
222. Accommodation for someone else's document is punishable -
forced operations or a fine of up to 300 rubles in gold.
223. Unauthorized leaving of a certain administrative order established by the legitimate order judicial authorities lockers punishable -
forced operations or a fine of up to 100 rubles gold.
224. Violation of the rules and mandatory resolutions for breeding and issuing printed works is punishable -
forced operations or a fine are not lower than 300 rubles in gold.
225. Violation of the rules and mandatory regulations for the opening and operation of the printing house and lithography is punishable -
forced operations or a fine of up to 300 rubles in gold.
226. Failure to submit to the presidency of boards, cooperative partnerships and labor artists and their associations, as well as representatives of various partnerships pursuing trade and industrial purposes, and private entrepreneurs operating their own or leased from the state of the enterprise, information about the progress of work, their performance , change in personnel and so on., According to the forms established by the Central and local authorities, punishable -
a fine of up to 300 rubles gold, and upon repetition, moreover, forced operations.
227. Public violations or constraints with religious rites or cult ceremonies of freedom of movement of other citizens, contrary to the law or obligatory settlement of local authorities, cares -
forced operations or a fine of up to 300 rubles in gold.
Electronic document text
prepared CJSC Codex and drilled by:
Assembly of legal entities and orders of the RCP RSFSR,
06/01/1922, N 80, Art.153
Issues of criminal law and criminology
© 2004 S. A. Eliseev
Crimes against property under the Criminal Code of the RSFSR 1922
The idea of \u200b\u200bunification and systematization of the first Soviet criminal legislation, as is known, was nominated in mid-1918.1 to the second half of 1921, the board of the People's Commissariat of Justice of the RSFSR developed a draft Criminal Code. He was discussed at convened at the end of January 1922 the IV All-Russian congress of the Soviet Justice figures. After the congress, taking into account the comments made by his participants and received from the places, was prepared, in fact, the new draft
In 1922, he was introduced to the SNK RSFSR, and then transferred to the RSFSR VTCIK. The III session of the IX Central IX convocation has made a number of changes to the project. On May 24, 1922, the project of it was approved and commissioned as the RSFSR Criminal Code from June 1, 1922. "In order to fencing the working and peasant state and the revolutionary law and order from its violators and socio-dangerous elements and the establishment of the solid foundations of the revolutionary law-consciousness ... "2 The special part of the Criminal Procedure of the RSFSR of 1922 consisted of eight chapters. In Chapter VI, "Property Crimes", such encroachments were provided for property: theft; Robbery (open and violent); robbery; assigning entrusted property; fraud; extortion (including its variety - blackmail); damage to property. Under thefts understood "The secret abduction of property in possession, use or maintaining another person or institution." The law differed a simple (p. "A" Art. 180) and a qualified (p. "B" Art. 180) theft. Each of these species highlighted more serious forms providing for increased punishment. Thus, simple theft of a private person without the use of any technical techniques punished with forced work for a period of 6 months or imprisonment for 6 months. Simple theft from government or public warehouses and institutions entail imprisonment to 1 year or forced work for the same period (paragraph "G" Article 18). Advanced Freedom for a period not less than 1 year was punished with simple theft from state or public warehouses, institutions or cars, steamboats, barges and other vessels and a perfect person who had access to those (p. "D"
art. 180); 3 if the subject of this theft is
1 Shvekov G.V. First Soviet Criminal Code. M., 1970. C.120-121.
2 On the introduction of the Criminal Code of the RSFSR into force: Decree of the Central Executive Committee of May 24, 1922 // SU RSFSR. 1922. No. 15.
3 In 1924 by the Resolution 2 of the XI session of the convening of the WFCIK. "D" Art. 180 of the Criminal Code was complemented by the following note: "Small factory factory theft of materials and produced guns, perfect for the first time workers and employees engaged in
elk the person who was entrusted with the institution called the premises, transport
the means or their protection, then its actions entailed the punishment in the form of imprisonment for a period not lower than 2 years with strict insulation (p. "E" Article 180). As we see, the basis of differentiation of simple theft on subspecies was partly the subject of the abduction, as well as the features of the subject of crime.
Qualified (according to the terminology of the Criminal Code) recognized theft with the use of guns or tools or other technical devices and techniques, or when it was committed by persons involved in thefts as a profession, or when the stolen was obviously necessary to the existence of the victim, or when it was committed in prior agreement with Other persons (punished with imprisonment with strict isolation for up to two years). It should be noticed that the basis of this type of theft is based on features: a method of action; subject of crime; Object crime. The circumstance that has increased responsibility for qualified theft (thereby transformed into it in particularly qualified) was the place of committing a crime - p. "W" Art. 180 of the Criminal Code provided for the responsibility for learning a qualified theft from state and public institutions, warehouses and other repositories.
In the Code of 1922, two types of secret abduction were allocated, not belonging to any simple or qualified steal. Those were: theft during a fire, flood, train crashing or other public disasters; Theft of horses or cattle in the labor agricultural population.
In 1922, an open abduction of someone else's property in the presence of a person who enjoyed or the victims of them was carried out to robbery. It is impossible not to note that, unlike theft, the object of robbery could only be the property, someone else's for the perpetrator. According to the method of action, two types of robbery differed: open abduction, without violence against the person of the victim (Art. 182); Open abduction, connected to violence, not dangerous to the life and health of the victim (Art. 183). Qualified
species of non-violent robbery law not
in production within its enterprise, if the cost of the stolen does not exceed fifteen rubles, the administration of the enterprise for the issuance of the recovery established by the People's Commissariat of Labor is punishable. " See: Collection of materials on the history of socialist criminal law (1917-1937) M., 1938. p.156.
fucking. In relation to violent robbery, qualifying circumstances were provided: a recidivist robbery; Group of persons (sucker). For non-violent robbery, punished in the form of forced work or imprisonment to 1 year; For non-violent robbery - imprisonment up to 3 years; Qualified robbery punished with imprisonment for a period of at least three years with strict insulation.
Robbery was determined as "open, with the aim of the abduction of property, an attack of a separate person on someone, connected with physical or mental violence, threatening death or injury" (Article 184). The subject of the discharge was called property, but not someone else, as was established in relation to robbery.
It followed that the robbery was possible in the form of an attack in order to take possession of his own property that was in someone else's ownership. With the objective side, the robbery assumed an open attack, connected with physical or mental violence, life-threatening or health. As it should be understood under the spontaneous attack, the law did not say. Systematic interpretation of Art. Art. 182, 184 made it possible to assert that the attack was recognized open in cases where it was committed in the presence of any persons who perceived criminal action. The degree of danger of violence in the law was determined quite clearly physical or mental violence should be threatened with death or injury.
MC differed qualified types of uncheosses - robbery, perfect by a group of persons (banditism); Robbery committed by a recidivist. For a simple robbery, the punishment was provided in the form of imprisonment for a period not lower than 3 years with strict insulation; When recurring robbed as the highest measure. The highest measure and confiscation of the entire property was also provided for the robbery, perfect by a group of persons (banditism). In the latter case, it was allowed on softening the decrease in the sentence to imprisonment for a period not lower than 3 years with strict isolation and confiscation of property.
Art. 184, 186 of the Criminal Code of 1922 was responsible for the assignment of property. The assignment was related to "unauthorized retention with a selfish purpose, as well as the embezzlement of property entrusted for a specific purpose." The assignment as we can see was understood quite widely - in the form of retention (actually assignment) and in the form of embezzlement (alienation) of property. At the same time, property, as a subject of assignment, was to have a special legal property - to be in a certain goal on the legal basis in possession of the perpetrator. As part of this crime, ownership of property assumed legal title; I illegal was the appeal of property owned by the perpetrator, his property. Under art. 185 was punished by the assignment committed by a private person (forced work under 6 months or imprisonment for 6 months); under art. 186 - a job officer who was entrusted by
(imprisonment not lower than 1 year with dismissal) 4.
Fraud was defined as "obtaining from the mercenary purpose of property or rights to property through the abuse of trust or deception" (Article 187). In the note to this article, the concept of deception was revealed. It said that deception is considered as a message of false information, and the deliberate concealment of the circumstances whose report was necessarily. The subject of fraud was the property (material belongings) or the right to property. Observing the subject of fraud, the Criminal Code does not indicate (as in the composition of the staging of robbery) so that the property is a stranger for the perpetrator. Therefore, according to the logic of the law, fraud could be in the case of obtaining the guilty through the abuse of confidence, deception of its own property, if the rights of any persons restrictive real rights The owner of this property. Attention and special indication in fraud on the purpose of criminal action is a mercenary goal. UK 1922 differed a simple, heavy fraud and its special types. Simple fraud was provided by Art. 187; It consisted in obtaining through the abuse of confidence or deception of private property. It was punished by criminal work for up to 6 months, or imprisonment not lower than 6 months5. A fraud was attributed to the gravity, which had its consequences of a loss caused by state or public institutions. This crime, in accordance with Article 188, was punishable by imprisonment for a period not lower than 1 year. Special types of fraud were allocated in the Criminal Code, taking into account both the subject of encroachment and the method of committing a crime. These were: falsification (fraudulent change in the type or property of objects intended for sale or public use, as well as the mercy of such subjects - Art. 190); Falsification of consumer items, which had or could have consequences to harm to health, but equal to the sale of such subjects - art. 191; Sales of obviously unfit seed; manufacturing and storage for the purpose of selling fake tube stamps; Its use for branding products - Art. 190s.
The extortion of the Criminal Code defined as "the requirement to transfer any property benefits or rights to property or the commission of any actions under the fear of learning violence against the person or extermination of his property" (Article 194). The subject of this crime was attributed by property in general - IMU
4 Article 186 of the Criminal Code was canceled in 1923. It was caused by a change in the editorial board of Art. 113 (from the head of official crimes) who has established responsibility for "assigning or waste an official of money, values \u200b\u200bor other property, which is in its jurisdiction due to its official position."
5 Punishment for simple fraud was more stringent than for theft or assigning someone else's property. Moreover, this difference in punishment in the Criminal Code of 1922 was not at first. It was installed in 1923. II session of the Central Executive Committee of the X convocation.
the benefit, the right to property, actually material things the latter were not directly called in the disposition of the article, but since the law spoke of "committing any actions", then it is obvious that in the meaning of the law, we could talk about the demand for the transfer of the criminal either things money. The law did not require, as in the compositions of other crimes against property (except robbery), so that this crime is someone else's property. Therefore, extortion was possible in respect of property owned by the guilty, but on which other persons had any rights. The method of action in the composition of extortion included the requirement forcing the transfer of property. The means of coercion was called a threat, frightening: learning violence over personality; extermination of property. Punishment for extortion (imprisonment to two years) was less than the robbery with violence and robbery.
As a special type of this crime, the Criminal Code provided for in Art. 195 "Remogulation, connected with the threat to announce the disconentious information or inform the authorities about the illegal act (blackmail)." Attention is drawn to the editorial imperfection of the disposition of this article, since its literal interpretation made it possible to conclude that the crime assumed the requirement for the transfer of the right to property, etc. Under the fear of learning violence, or extermination of property, connected with the threat of announcement of the annual information. As part of you, "blackmail" the threat of the announcement of information was the means of influencing the victim. Moreover, the guilty had to threaten the announcement of the information that the victim himself, but not other persons, at least close to him.
Two articles (Art. Art. 196, 197) were devoted to responsibility for extermination, damage to property. The crime formed only an intentional decrease in the sphere of someone else's property possession through the impact on a thing that depriving it completely or partially initial value and fitness. The Criminal Code distinguished the two types of extermination (damage) of property - simple and combustriality. To the simple (Article 196), "intentional extermination or damage to the property belonging to the institution, an enterprise or private person was classified. It was punishable by imprisonment for up to 1 year, forced operations up to 1 year, a fine of up to 500 rubles. Gold. Warely recognized "intentional extermination or damage of any property by arson, surgery or any other combustrial method." For this crime Art. 197 provided for a sentence in the form of imprisonment up to 5 years with strict isolation. It is impossible not to see the differences in the subject of simple and harsh extermination (damage) of property. To the subject of a simple crime, someone else's property was assigned (things belonging to the institution, enterprise or private person); to the subject of general - any im-
the company, including belonging to the guilty. It must be said that such a construction of the rules on liability for damage, the destruction of property existed in the Code of 1922, relatively long. Decree of the WTCIK and SNK dated August 24, 1925. Article 196 was set out as follows: "Intentional extermination or damage to the property belonging to a private person is punishable by imprisonment or forced work for up to 1 year or a fine of up to 500 rubles." GL 1 "State crimes" was supplemented by Art. 92 - as follows: "Intentional extermination or damage to property belonging to state institutions Both enterprises, as well as public (cooperative, professional, etc.) organizations, are punishable by imprisonment for up to 1 year. The same actions, if they were installed repeatedly performing them or, as a result, the suspension and break of production followed, or other serious damage to the state is punishable by imprisonment with strict isolation for up to 5 years with confiscation of property or without any. Decree of the WTCIK and SNK dated June 14, 1926 in the Criminal Code was made by Article 196-A, which has established responsibility for "careless damage to the sea telegraph cable, if it might cause a break of a telegraph message" 6.
As we see, the norms of responsibility for damage, the destruction of the property almost immediately underwent in the Criminal Code of 1922 significant changes Taking into account the object of criminal encroachment. The property crimes included intentional extermination or damage to the property of a private person. Intentional extermination or damage to the state, social property began to be considered as an exclusively dangerous for the foundations of the Soviet state. Therefore, the rules that have established responsibility for its commitment were attributed to the number of government (against the order of management) of crimes. At the same time, it is impossible not to notice that careless damage state property (Sea telegraph cable) was not considered as a state crime.
1923 of the Criminal Code of the RSFSR was supplemented by Art. 180s who have established responsibility in the form of imprisonment for a period not lower than 3 years, and with aggravating circumstances - the greatest measure of punishment for "the embezzlement from state and social warehouses, cars, vessels and other storage facilities, which were systematically produced as by theft, so And by learning notions, drawing up incorrect acts, etc. Crime actions or committed by a responsible official or with a particularly large size of the stolen. " In the initial editorial office, the Criminal Code envisaged, as we showed, the responsibility is only for making theft when
6 Collection of materials on the history of socialist criminal
legislation. P. 174, 226.
such circumstances (paragraph "s" Art. 180). However, the legislator subsequently recognized as we see, exclusively dangerous and other forms of the abduction of the property, which was systematically produced, in particularly large sizes, etc. At the same time, introducing the term "embezzlement" in the Criminal Code, the legislator did not indicate exactly what exactly (in addition Theft and fraud) it could be committed. The incorrectness of the presentation of the disposition allowed differences in the interpretation of the concept of embezzlement7. The subject of the embezzlement was the property that was in state and public warehouses, cars, vessels and other storage facilities. For the composition of the crime provided for by Art. 180s, it was necessary to have one of the conditions mentioned in it relating to the subject, the objective side of the act, the subject of the encroachment: the systematic of the embezzlement; committing a responsible officer; Particularly large sizes of stolen.
The first Soviet criminal code contained, as we see, a fairly consistent array of legal norms aimed at
protection of property interests of the owner in new socio-economic conditions for Russia. According to his creators, he was the Code of the original, relying on the results of the practice of Soviet courts, and not samples, asked from the legislation of pre-revolutionary Russia, other states8, recognizing the undoubted validity of this statement, however, it should be noted that the Criminal Code of the RSFSR 1922, One way or another, perceived the overall concept of building legal norms against property from the Russian preceding criminal person. This code called the types of crimes, known to the legislation of pre-revolutionary Russia. The interpretation of the compositions based on the punishments of 1845, and the criminal deposition of 1903. From the former Russian law, the Soviet law inherited the terminology.
□ □ □ □ □
7 So, A. Zizhizhenko believed that theft "hugged" theft and fraud. S. Poznyyshev at the presence of attribution and embezzlement of property. B. Zmeiev believed that the embezzlement could be committed and through an open stock. M. Grodzinsky near theft understood all ways of criminal taking and appealing in its favor. (See: Zizhizhenko A. A. Property crimes. L., 1925. P. 90).
8 at the IV All-Russian Congress of the Soviet Justice figures, held in January 1922, N. Cherryuchkevich, member of the NKU's board, speaking with a report on the draft Criminal Project, said: "We, comrades, alien to attempt to make a code in such a way as to collect all the best, The exemplary codes of all other states and to dwell on what Russians and foreign criminologists believed the last word of the abstract science. " Cyt. on the book: Shvekov G.V. First Soviet Criminal Code. M., 1970. P. 142-143.