ON THE INTRODUCTION OF THE CRIMINAL CODE OF THE RSFSR

(1922, May 26)

In order to protect the Workers' and Peasants' State and the revolutionary legal order from its violators and socially dangerous elements and to establish the firm foundations of revolutionary legal consciousness, the All-Russian Central Executive Committee decides:

2. From the moment it enters into force, the effect of all other norms establishing the grounds and amount of criminal penalties until the moment of its introduction ceases.

3. The Criminal Code shall apply to all criminal acts that have not been tried in court prior to its entry into force.

4. Changes or additions to this Code, caused by local living conditions, are introduced into life only by decisions of individual central executive committees with the approval of the All-Russian Central Executive Committee.

5. The Presidium of the All-Russian Central Executive Committee is instructed to put this Code into effect on the territory of the Union Soviet Republics in the proper manner.

Criminal Code of the RSFSR general part

I. Limits of application of the Criminal Code

1. The effect of the Criminal Code extends to all crimes committed within the boundaries of the RSFSR, both by its citizens and by foreigners, if the latter, due to their diplomatic position, do not enjoy the right of extraterritoriality.

2. The action of this code extends to citizens of the RSFSR even in the case when criminal acts are committed by them outside the Republic.

3. This code also applies to foreigners staying in the RSFSR who have committed crimes against the foundations of the state system and the military power of the RSFSR outside the Republic.

4. Exemptions from the effect of Art. 2 and 3 of the Criminal Code can take place only in the manner of special agreements concluded by the RSFSR with individual states.

II. General principles for the application of punishment

5. The Criminal Code of the RSFSR has as its task the legal protection of the working people's state from crimes and from socially dangerous elements and provides this protection by applying punishment or other measures of social protection to violators of the revolutionary legal order.

6. Any socially dangerous action or inaction that threatens the foundations of the Soviet system and the legal order established by the workers' and peasants' power for the transitional period to the communist system is recognized as a crime.

7. The danger of a person is revealed by the commission of actions harmful to society, or by activities indicating a serious threat to public order.

8. Punishment and other measures of social protection are applied for the purpose of:

a) general prevention of new violations, both on the part of the offender and on the part of other unstable elements of society;

b) adaptation of the violator to the conditions of the hostel by means of corrective labor influence;

c) depriving the offender of the opportunity to commit further crimes.

9. The imposition of punishment is carried out by the judiciary according to their socialist sense of justice in compliance with the Guiding principles and articles of this code.

10. In the absence of direct references to certain types of crimes in the Criminal Code, punishments or measures of social protection are applied in accordance with the articles of the Criminal Code that provide for crimes that are most similar in importance and type, in compliance with the rules of the general part of this Code.

11. Only those who: a) acted intentionally, i.e., foresaw the consequences of their act and desired them, or consciously allowed them to occur, or b) acted carelessly, i.e. thoughtlessly hoped to prevent the consequences of their actions, or did not foresee them, although they should have foreseen them.

12. Preparation for a crime is the search for, acquisition or adaptation of tools, means and the creation of conditions for the commission of a crime. Preparation for a crime is only punishable if it is itself a punishable act.

13. An attempt to commit a crime is considered an action aimed at committing a crime, when the perpetrator did not fulfill everything that was necessary to bring his intention to execution, or when, despite the fulfillment by him of everything that he considered necessary, the criminal result did not occur due to reasons beyond his control.

14. An attempt to commit a crime is punishable as a crime committed, and the absence or insignificance of the harmful consequences of the attempt may be taken into account by the court when determining the punishment; an attempt not carried through to the end at the attempter's own initiative is punished as the crime that he actually committed.

15. Both perpetrators and instigators and accomplices are punished for a crime. The measure of punishment for each of these accomplices in the crime is determined both by the degree of participation and the degree of danger of the criminal and the crime he committed.

16.. Performers are those who are directly involved in the execution of a criminal act, whatever it may be. Instigators are considered to be persons who persuaded to commit a crime. Accomplices are those who contribute to the execution of a crime with advice, instructions, removal of obstacles, concealment of a criminal or traces of a crime.

17. 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 be aware of their actions, as well as those who, although they acted in a state of mental balance, but by the time the sentence is pronounced or carried out, he suffers from mental illness. To such persons, only the measures of social protection specified in Art. 46 of the Criminal Code. This article does not apply to persons who have brought themselves into a state of intoxication in order to commit a crime.

18. Punishment is not applied to minors under 14 years of age, as well as to all minors from 14 to 16 years of age, in respect of which it is recognized that it is possible to limit oneself to measures of medical and pedagogical influence.

19. A criminally punishable act committed in necessary defense against an unlawful encroachment on the person or rights of the defender or other persons is not subject to punishment, if the limits of necessary defense are not exceeded.

20. A criminally punishable act committed to save the life, health or other personal or property benefit of one’s own or another person from danger, which was inevitable under the circumstances by other means, if the harm caused is less important in comparison with the protected benefit, is not subject to punishment. .

21. Punishment shall not be applied when at least 5 years have passed since the commission of a crime for which the Criminal Code defines deprivation of liberty for a term of more than 1 year as the highest punishment, or when 3 years have passed since the commission of a less serious crime, provided: 1 ) if during all this time there has been no proceeding or investigation in this case and 2) if the person who committed the crime covered by the limitation period did not commit any other crime within the period specified in this article.

22. The limitation periods established by Art. 21, are doubled if the person involved in the investigation or court absconded or otherwise evaded them.

23. The Criminal Code applies to all acts not examined by a court prior to its entry into force.

48. 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 of 1922 consisted of an introduction and two parts: General and Special. Each part was divided into chapters, and the last - into articles. There were 227 articles in total. The code proceeded from class positions. The task of the Criminal Code was the legal protection of the state of workers from crimes and socially dangerous elements by applying punishment or other measures of social protection to violators. The action of the Criminal Code extended to all crimes committed within the RSFSR, both by its citizens and by foreigners who did not enjoy the right to extraterritoriality. Action The Criminal Code applied to citizens RSFSR and in that if they committed a crime outside the republic, as well as against foreigners staying in the RSFSR who committed a crime outside the RSFSR against the foundations of the state system and the military power of the RSFSR. Any socially dangerous action or inaction that threatened the foundations of the Soviet system and the legal order established by the workers' and peasants' power for the transitional period to communism was recognized as a crime. The purpose of punishment and other measures of social protection was the general prevention of new violations on the part of both the offender and other unstable elements of society; adaptation of the violator to the conditions of the hostel by means of corrective labor influence. Sentencing was carried out by the judiciary according to their socialist sense of justice in compliance with the guidelines and articles of this Code. The Criminal Code introduced an analogy: "In the absence of direct indications of certain types of crimes in the Criminal Code, punishments or measures of social protection were applied in accordance with the articles of the Criminal Code, which provided for the most similar crimes in importance and type, in compliance with the rules of the General Part of this Code." Criminal liability came from the age of 14. However, in relation to minors from 14 to 16 years old, it was possible to limit themselves to measures of medical and pedagogical influence. The Criminal Code established the following penalties: expulsion from the RSFSR for a term or indefinitely, imprisonment with or without strict isolation, forced labor without detention, probation, confiscation of property - full or partial, a fine, dismissal from office, public censure, obligation to make amends. In cases that were in the production of revolutionary tribunals, when the articles of the Criminal Code determined capital punishment, execution was used. A prerequisite for the application of punishment was the guilty attitude of the offender to the deed, i.e. presence of intent or negligence.

In the Special Part of the Criminal Code, the most dangerous state crimes - counter-revolutionary crimes - were in the first place. In Art. 57 of the Criminal Code stated that any action aimed at overthrowing the gains by the proletarian revolution of the power of the Workers' and Peasants' Soviets and the workers' and peasants' government existing on the basis of the Constitution of the RSFSR, as well as actions in the direction of assistance to that part of the international bourgeoisie that did not recognize the equality of rights coming to replace capitalism of the communist property system and sought to overthrow it through intervention or blockade, espionage, financing of the press, etc.

means. Then the Criminal Code was followed by chapters on crimes against the order of government, malfeasance, economic crimes, against life, health, freedom and dignity of the individual, property crimes and military crimes. A special chapter III was devoted to violations of the rules of separation of church and state.

In October 1924, the Central Executive Committee of the USSR adopted an all-Union act "Basic Principles of the Criminal Legislation of the USSR and the Union Republics", which abandoned the term "punishment" and established the term "social protection measures", which was later recognized as erroneous. On November 22, 1926, the Central Executive Committee adopted a new Code of the RSFSR, which did not introduce serious changes into the Criminal Code of the RSFSR of 1922. In 1927, an all-Union normative act on state crimes was issued.

Code of Criminal Procedure

As already noted, on May 25, 1922, the All-Russian Central Executive Committee adopted the first Code of Criminal Procedure, and on February 15, 1923, the All-Russian Central Executive Committee approved a new Code of Criminal Procedure, which, according to experts, was a new edition of the Code of 1922. The Criminal Procedure Code of the RSFSR of 1923 consisted of six departments, which were divided for 32 chapters and the last - for 465 articles. The Code fixed such principles of criminal proceedings as openness and publicity of meetings, oral proceedings, conduct of the process in Russian or in the language of the majority of the population of a given locality. In necessary cases, an interpreter was invited. The court was not limited by any formal evidence and it depended on it, according to the circumstances of the case, whether or not to admit certain evidence. An oath as evidence was not allowed. The Code regulated in detail the procedure for inquiry and investigation. During the preliminary investigation, the investigator was obliged to find out and investigate all the circumstances, both incriminating and justifying the accused. When sentencing, all issues were decided by a simple majority. The judge, who remained in the minority, had the right to state in writing his dissenting opinion, which was attached to the verdict, but was not subject to disclosure. The appeal was canceled and the cassation procedure for appealing sentences was established. The Code contained rules on the execution of sentences.

On October 31, 1924, the Fundamentals of Criminal Procedure of the USSR and the Union Republics were adopted, which established uniform fundamental provisions for legal proceedings. Researchers believe that they have not made significant changes to procedural law.

ALL-RUSSIAN CENTRAL EXECUTIVE COMMITTEE

RESOLUTION

On the Enactment of the Criminal Code of the RSFSR

In order to protect the workers' and peasants' state and the revolutionary legal order from its violators and socially dangerous elements and to establish the firm foundations of revolutionary legal consciousness, the All-Russian Central Executive Committee

decides:

2. From the moment it enters into force, the effect of all other norms establishing the grounds and amount of criminal penalties until the moment of its introduction ceases.

3. The Criminal Code shall apply to all criminal acts that have not been tried in court prior to its entry into force.

4. Changes or additions to this Code, caused by local living conditions, are introduced into life only by resolutions of individual Central Executive Committees upon approval by the All-Russian Central Executive Committee.

5. The Presidium of the All-Russian Central Executive Committee is instructed to put this Code into effect on the territory of the Union Soviet Republics in the proper manner.

Genuine signed:

Chairman of the All-Russian
Central Executive
Committee
M. Kalinin

People's Commissar of Justice
D. Kursky

Secretary of the All-Russian
Central Executive
Committee
A. Yenukidze

Criminal Code of the RSFSR

Lost force on January 1, 1927
in connection with the adoption of the Criminal Code of the RSFSR of 1926
____________________________________________________________________

a common part

I. Limits of the Criminal Code.

1. The effect of the Criminal Code extends to all crimes committed within the RSFSR, both by its citizens and by foreigners, if the latter, due to their diplomatic position, do not enjoy the right of extraterritoriality.

2. This Code applies to citizens of the RSFSR even in the case when they commit criminal acts outside the Republic.

3. This Code also applies to foreigners staying in the RSFSR who have committed crimes against the foundations of the state system and the military power of the RSFSR outside the Republic.

4. Exemptions from the effect of Art. 2, clause 3 of the Criminal Code can take place only in the manner of special agreements concluded by the RSFSR with individual states.

II. General principles for the application of punishment

5. The Criminal Code of the RSFSR has as its task the legal protection of the working people's state from crimes and from socially dangerous elements and provides this protection by applying punishment or other measures of social protection to violators of the revolutionary legal order.

6. Any socially dangerous action or inaction that threatens the foundations of the Soviet system and the legal order established by the workers' and peasants' power for the transitional period to the communist system is recognized as a crime.

7. The danger of a person is revealed by the commission of actions harmful to society, or by activities indicating a serious threat to public order.

8. Punishment and other measures of social protection are applied with the aim of: a) general prevention of new violations both on the part of the offender and on the part of other unstable elements of society; b) adaptation of the violator to the conditions of the hostel by means of corrective labor influence; c) depriving the offender of the possibility of committing further crimes.

9. The imposition of punishment is carried out by the judiciary according to their socialist sense of justice in compliance with the guidelines and articles of this Code.

10. If there are no direct references to certain types of crimes in the Criminal Code, punishments or measures of social protection are applied in accordance with the articles of the Criminal Code that provide for the most similar crimes in terms of importance and type, in compliance with the rules of the general part of this Code.

11. Only those who:

a) acted intentionally, i.e. foresaw the consequences of their act and wished for them or consciously allowed them to occur;

b) acted carelessly, i.e. thoughtlessly hoped to prevent the consequences of their actions, or did not foresee them, although they should have foreseen them.

12. Preparation for a crime is the search for, acquisition or adaptation of tools, means and the creation of conditions or the commission of crimes.

Preparation for a crime is only punishable if it is itself a punishable act.

13. An attempt to commit a crime is considered an action aimed at committing a crime, when the perpetrator did not fulfill everything that was necessary to bring his intention to execution, or when, despite the fulfillment by him of everything that he considered necessary, the criminal result did not occur due to reasons beyond his control.

14. An attempt to commit a crime is punishable as a crime committed, and the absence or insignificance of the harmful consequences of the attempt may be taken into account by the court when determining the punishment; an attempt not carried through to the end at the attempter's own initiative is punished as the crime that he actually committed.

15. Both perpetrators and instigators and accomplices are punished for a crime. The measure of punishment for each of these accomplices in the crime is determined both by the degree of participation and the degree of danger of the criminal and the crime he committed.

16. Performers are those who are directly involved in the execution of a criminal act, whatever it may be.

Instigators are considered to be persons who persuaded to commit a crime.

Accomplices are those who contribute to the execution of a crime with advice, instructions, removal of obstacles, concealment of a criminal or traces of a crime.

17. Persons who have committed a crime in a state of chronic mental illness or a temporary disorder of mental activity, or in general, in such a state when those who committed it could not be aware of their actions, as well as those who, although they acted in a state of peace of mind, but by the time the sentence is pronounced or carried out, he suffers from mental illness. To such persons, only the measures of social protection specified in Art. 46 of the Criminal Code.

This article does not apply to persons who have brought themselves into a state of intoxication in order to commit a crime.

18. Punishment is not applied to minors under 14 years of age, as well as to all minors from 14 to 16 years of age, in the dismissal of which it is recognized that it is possible to confine oneself to measures of medical and pedagogical influence.

19. A criminally punishable act committed in necessary defense against an unlawful encroachment on the person or rights of the defender or other persons is not subject to punishment, if the limits of necessary defense are not exceeded.

20. A criminally punishable act committed to save the life, health, or other personal or property benefit of one's own or another person from danger, which was inevitable under the circumstances by other means, is not subject to punishment, if the harm caused is less important compared to the protected one. good.

21. Punishment is not applied when at least five years have passed since the commission of a crime for which the Criminal Code defines imprisonment for a term of more than one year as the highest punishment, or when three years have passed since the commission of a less serious crime, - provided 1) if during all this time there has been no proceedings or investigation on this case and 2) if the person who committed the crime covered by the limitation period did not commit any other crime within the period specified in this article.

22. The limitation periods established by Art. 21, are doubled if the person involved in the investigation or court absconded or otherwise evaded them.

23. The Criminal Code applies to all acts not examined by a court prior to its entry into force.

III. Definition of punishment

24. When determining the measure of punishment, the degree and nature of the danger, both of the offender himself and of the crime committed by him, are taken into account.

To establish this, the situation of the committed crime is studied, the identity of the criminal is ascertained, since such was revealed in the crime committed by him and his motives, and since it is possible to understand it on the basis of his lifestyle and past, and it is also established to what extent the crime itself, under the given conditions of time and place, violates the foundations public safety.

25. Therefore, to determine the measure of punishment, it is distinguished: a) whether the crime was committed in the interests of restoring the power of the bourgeoisie, or in the interests of the purely personal who committed the crime; b) whether the crime is directed against the state or an individual; c) whether the crime was committed in a state of hunger and need or not; d) whether the crime was committed with base, mercenary motives or without them; e) whether the crime was committed with full knowledge of the harm caused or out of ignorance and inconscience; f) whether the crime was committed by a professional criminal or a recidivist, or if it was committed for the first time; g) whether the crime was committed by a group (gang, gang) or by one person; h) whether the crime was committed with or without violence; i) whether the perpetrator of the crime was found to have premeditated intent, cruelty, cunning, or the crime was committed in a state of passion, and through negligence, frivolity, or under the influence of threats and coercion of another person.

26. Being a defensive measure, punishment should be expedient and at the same time completely devoid of signs of torment and should not cause useless and unnecessary suffering to the criminal.

27. In establishing the measure of punishment, the Criminal Code distinguishes between two categories of crime: a) those directed against the foundations of the new legal order established by the worker-peasant government or recognized by it as the most dangerous, for which the lower limit of punishment determined by the Code is not subject to reduction by the court and b) all other crimes, according to which establishes the highest limit of the punishment determined by the court.

28. In the event that, due to the exceptional circumstances of the case, the court comes to the conclusion that it is necessary to determine the measure of punishment below the lower limit of the punishment specified in the article of the Criminal Code corresponding to this crime, or to switch to another less severe type of punishment, not indicated in this article, the court can allow such a retreat, only, however, as accurately setting out in the verdict the motives that forced him to do so.

29. When the committed act of the accused contains signs of crimes provided for by different articles of the Code, the court determines the punishment under the article that establishes the highest punishability.

30. If the defendant commits two or more criminal acts before sentencing, the court, having determined the punishment for each crime separately, sentences the guilty person to the gravest of all punishments imposed on him, and the latter may be increased to the highest limit of punishment established by the article, according to which the punishment has been determined.

31. When a court imposes a sentence, the time of pretrial detention served before the trial shall be included in the term of deprivation of liberty.

IV. Types and types of punishments and other measures of social protection

32. The penalties imposed under the Criminal Code are:

a) expulsion from the RSFSR for a term or indefinitely;

b) imprisonment with or without strict isolation;

c) forced labor without detention;

d) probation;

e) confiscation of property - full or partial;

g) loss of rights;

h) dismissal from office;

i) public censure;

j) the imposition of the obligation to make amends for the damage.

33. In cases pending in the revolutionary tribunals, until canceled by the All-Russian Central Executive Committee, in cases where the articles of this Code determine capital punishment, execution is used as such.

34. Deprivation of liberty is imposed for a period of six months to ten years and is served in places of deprivation of liberty (correctional labor houses, labor agricultural and handicraft colonies, transitional correctional houses), depending on those corrective measures that are necessary to correct the offender. . The verdict of the court must indicate how long the convicted person is sentenced to imprisonment and whether strict isolation is required. Deprivation of liberty is necessarily combined with work, which, if possible, should be consistent with special knowledge or the inclinations of the prisoner.

35. Forced labor without detention is appointed for a period of seven days to one year. Forced labor is divided into:

a) work in the specialty, in which the convict continues to work in his profession with a reduction in the tariff category, with mandatory overtime work and with transfer to another institution or enterprise, or to another locality;

b) work of unskilled physical labor.

The verdict of the court must indicate to which of the indicated forms of forced labor the convict is sentenced and for how long.

36. When a crime for which a punishment of deprivation of liberty is determined is committed by the convict for the first time, under a difficult set of circumstances in his life, and when the degree of danger of the convict to the hostel does not require mandatory isolation of him and even assignment of forced labor to him, the court may apply to him conditional sentence, i.e. decide not to enforce the sentence of conviction in the part relating to deprivation of liberty, provided that the convicted person does not commit an identical or homogeneous crime with the crime committed.

An additional punishment in the form of a pecuniary or property penalty attached to a sentence of deprivation of liberty shall be carried out on a general basis, regardless of the fact that the main punishment is conditionally imposed by this sentence.

When the court determines that the consequence of the conviction of the accused should be the defeat of his rights, the court is not entitled to impose a conditional sentence on him.

37. If a new identical or similar crime is committed during a probationary period prescribed by the court (not less than three and not more than ten years), the convict shall be served a suspended sentence upon the entry into force of the guilty verdict in the new case and, moreover, regardless of the sentence imposed by this latter. sentence of punishment, but with the fact that the total term of imprisonment to be served for both sentences should not exceed ten years.

38. Confiscation of property consists in the compulsory gratuitous alienation in favor of the state of all or precisely determined by the court property of the convicted person, with the exception of household items necessary for the convicted person and his family and the inventory of small, handicraft or agricultural production, or inventory that serves as a means of subsistence for the convicted person and his family. necessary for the professional work of the convicted person, as well as with the exception of food items necessary for the personal consumption of the convicted person and his family, for a period of at least six months.

Equipment necessary for the professional work of a convicted person may be confiscated if the court decides to deprive the given convicted person of the right to practice the relevant profession.

39. A fine is a monetary penalty imposed by a court on a convicted person within the limits established by separate articles of the Criminal Code, in accordance with the property status of the convicted person.

In the event that the convict evades the payment of a fine, such fine may be replaced, by court order, with forced labor without detention. Replacement of deprivation of liberty with a fine and fine with deprivation of liberty shall not be allowed.

Note: The fine is calculated by transferring the amount in gold rubles appointed by the court to Soviet banknotes at the rate of the day the fine was paid.

40. Deprivation of rights consists in deprivation for a period not exceeding five years:

a) active and passive suffrage (Basic Law - Sobr. Uzak. 1918 N 51);

b) active and passive suffrage in professional and other organizations;

c) the right to hold a responsible position, as well as to be an assessor in a people's court, a defender in court, a guarantor and a guardian.

The term for the defeat of rights for those sentenced to deprivation of liberty is calculated from the moment of serving this sentence or conditional early release from it.

41. Deprivation of rights may, by a special court order, be accompanied by the deprivation of the convicted Order of the Red or Labor Banner, but such a decision must be submitted before the sentence enters into force for approval by the Presidium of the All-Russian Central Executive Committee.

42. The defeat of rights is appointed by the court, as an additional punishment, when passing judgments of conviction for crimes provided for by the Criminal Code, if the court recognizes the convicted person as defamed by the court. Raising the issue of the defeat of rights upon conviction is mandatory for the court if the Criminal Code specifies a punishment of imprisonment for a term of more than one year or another more severe punishment.

43. Dismissal from office is applied as a measure of punishment arising from the recognition by the court of the impossibility of leaving the accused in his position at the time of conviction.

44. Public censure consists in a public (at a meeting, village gathering, etc.) announcement of a conviction passed by the court this person with the publication of the verdict, in the press at the expense of the convict, or without it.

45. The duty to make amends is imposed on the convicted person if the court considers it expedient for him to eliminate the consequences of the offense or the damage caused to the victim by his personal efforts, precisely indicated in the verdict.

46. ​​Other measures of social protection that replace or follow punishment by a court sentence include:

a) placement in institutions for the mentally or morally handicapped;

b) compulsory treatment;

c) prohibition to hold this or that position or engage in this or that activity or trade;

d) removal from a certain area.

47. If, in accordance with Article 17 of the Criminal Code, the court does not apply punishment to the accused, but at the same time considers his freedom to be dangerous for society, the court issues a decision on the forced placement of the accused in an institution for the mentally or morally handicapped or in a medical institution.

48. Persons convicted by a court and recognized by it as socially dangerous, due to systematic abuses in the exercise of their profession or trade, or in the performance of a position, may be deprived by a court sentence for a period not exceeding five years of the right to engage in this profession or trade, or to assume the performance of certain responsibilities.

49. Persons recognized by a court as socially dangerous due to their criminal activities or due to their connection with the criminal environment of a given locality may be deprived by a court sentence of the right to stay in certain localities for a period not exceeding three years.

50. The court, having chosen one of the punishments provided for by the relevant article of the Criminal Code, may attach to it either the necessary measure of social protection, or another less severe punishment from those indicated in paragraphs. e - to Article 32 of the Criminal Code.

V. Procedure for serving a sentence

51. Supervision and management of the execution of sentences to deprivation of liberty and forced labor is entrusted to the Central Correctional Labor Department of the People's Commissariat of Justice and its local bodies, exercising their leadership through: 1) provincial distribution commissions, which determine the type of correctional labor institution, are in charge of the transfer from one correctional labor institution to another; 2) supervisory commissions attached to individual corrective labor institutions as auxiliary bodies of distribution commissions, and 3) forced labor bureaus that keep records of those sentenced to forced labor and send them to work through labor departments (executive committees of councils).

52. For those serving a sentence of imprisonment or forced labor, who find correction, parole may be applied.

53. Parole is expressed either in full release from the sentence being served, or in transfer to forced labor without detention for the entire remaining term of the sentence or part of it and is applied by the court that issued the sentence.

54. If a person released on parole commits an identical or similar crime during the unserved term of punishment, then the part of the punishment not served by him shall be added to the punishment for a new crime by the verdict of the court that tried the case on charges of the latter, with the fact, however, that the total term of the deprivation of liberty to be served must not exceed ten years.

55. An application for early release may be initiated by the convict himself, his relatives, organizations, institutions and officials, but not before the convicted person has served half of the sentence. Judicial institutions do not have the right to initiate issues of early release.

56. With regard to minors who have not found sufficient correction by the end of their serving the term of punishment imposed by the court, distribution commissions may enter the people's court at the location of the corrective labor institution in which the minor is located, with a proposal to extend his stay in the said institution until corrections, but for a period not exceeding half of the term of punishment originally determined by the court.

Special part

Chapter I. Crimes against the State

State crimes

I. About counter-revolutionary crimes

57. Any action aimed at overthrowing the power of the Workers' and Peasants' Soviets won by the proletarian revolution and the Workers' and Peasants' Government existing on the basis of the Constitution of the RSFSR, as well as actions aimed at providing assistance to that part of the international bourgeoisie that does not recognize the equality of the communist system that is coming to replace capitalism, is recognized as counter-revolutionary. property and seeks to overthrow it through intervention or blockade, espionage, press funding, etc. means.

58. Organization for counter-revolutionary purposes of armed uprisings or invasion of Soviet territory by armed detachments or gangs, as well as participation in any attempt for the same purposes to seize power in the center and in the localities, or forcibly seize from the RSFSR any part of its territory, or terminate the prisoners her contracts, punished -

capital punishment and confiscation of all property, with the possibility, under extenuating circumstances, of reducing the punishment to imprisonment for a term of not less than five years with strict isolation and confiscation of all property.

If the court establishes that the participant is not aware of the ultimate goals of the crime referred to in this article, participation in it is punishable -

59. Relations with foreign states or their individual representatives with the aim of inducing them to armed intervention in the affairs of the Republic, declaring war on it or organizing a military expedition, as well as assisting foreign states after declaring war or sending an expedition, no matter how this assistance is expressed , punished -

punishments provided for by the 1st part of the 58th Art. Criminal Code.

60. Participation in an organization acting for the purpose of committing the crimes referred to in Articles 57-59 of the Criminal Code is punishable by -

penalties, provided for 1 and 2 hours.h. 58th article.

61. Participation in or assistance to an organization acting in the direction of assistance to the international bourgeoisie, specified in Article 57 of the Criminal Code, is punishable -

the same punishments.

62. Participation in an organization acting for the purposes indicated in Article 57 of the Angle. code., by inciting the population to mass unrest, non-payment of taxes and non-fulfillment of duties, or in any other way to the obvious detriment of the dictatorship of the working class and the proletarian revolution, even if an armed uprising or an armed invasion is not the immediate task of the activity of this organization, is punishable -

the same punishments.

63. Participation in an organization that opposes the normal activities of Soviet institutions or enterprises for counter-revolutionary purposes, or uses them for the same purposes, is punishable -

the same punishments.

64. Participation in the execution of terrorist acts for counter-revolutionary purposes directed against representatives of the Soviet power or leaders of revolutionary workers' and peasants' organizations, even if a part of such an act did not belong to a counter-revolutionary organization, is punishable -

punishments provided for in the 1st part of the 58th article.

65. Organization for counter-revolutionary purposes of destruction or damage by explosion, arson or other means of railway or other means of communication, means of public communication, water pipes, public warehouses and other structures or structures, as well as participation in the performance of these crimes, is punishable -

punishments provided for in paragraphs 1 and 2 of Article 58.

66. Participation in espionage of any kind, expressed in the transfer, communication or abduction, or collection of information having the nature of state secrets, especially military, foreign powers or counter-revolutionary organizations for counter-revolutionary purposes or for reward, is punishable -

The disclosure of the same information, in the absence of counter-revolutionary or selfish goals and ignorance of possible consequences such activity is punishable -

punishments provided for in part 2 of the 58th article.

67. Active actions and active struggle against the working class and the revolutionary movement, shown in positions of responsibility under the tsarist system, are punished -

punishments provided for in part 1 of article 58.

68. Concealment and complicity in all kinds of crimes under Art. 57-67, not related to the direct commission of the aforementioned crimes or in case of ignorance of their ultimate goals, is punishable -

imprisonment for a term not less than one year.

69. Propaganda and agitation, expressed in a call to overthrow the power of the Soviets through violent or treasonous actions, or through active or passive opposition to the Workers 'and Peasants' Government, or mass non-fulfillment of military or tax duties imposed on citizens, is punishable -

For the same crimes committed in a military situation or during popular unrest, the punishment is increased to the highest measure of punishment.

A call to non-fulfilment or opposition to the orders of the central or local authorities, if counter-revolutionary goals are not established, is punishable -

punishments provided for in the 83rd Art. Corner. code.

70. Propaganda and agitation in the direction of assistance to the international bourgeoisie specified in Art. 57th, punished -

expulsion from the RSFSR or imprisonment for a term not less than three years.

71. Unauthorized return to the RSFSR in the event of punishment under paragraph a of Art. 32nd, punished -

the highest form of punishment.

72. Production, storage for the purpose of distribution and distribution of agitational literature of a counter-revolutionary nature is punishable -

73. Inventing and disseminating for counter-revolutionary purposes false rumors or unverified information that could cause public panic, arouse distrust in the government or discredit it, is punishable -

If the counter-revolutionary nature of the indicated actions is not proven, the punishment may be reduced to three months of forced labor.

2. About crimes against the order of government

74. Any act aimed at disrupting the proper functioning of subordinate organs of government or the national economy, coupled with resistance or disobedience to the laws of the Soviet government, with obstruction of the activities of its organs and other actions that cause a weakening of the strength and authority of power, is recognized as a crime against the order of administration.

75. Participation in mass riots of any kind, such as pogroms, destruction of means of communication, release of those arrested, arson, etc., if the participants in the riot were armed, is punishable -

1) in relation to the organizers, leaders and instigators, as well as those participants who are convicted of committing murders, arson, causing bodily harm, rape and armed resistance to the authorities -

capital punishment and confiscation of all property with the admission, under mitigating circumstances, reduction of punishment to imprisonment with strict isolation for a period of not less than three years with confiscation of property;

2) in relation to other armed participants -

imprisonment with strict isolation for a term not less than two years with or without confiscation of all or part of property;

3) in respect of unarmed rioters -

4) in relation to persons who did not directly participate in the riots and violent actions, but assisted the participants in the riots by helping them or hiding the traces of the crime and the criminals themselves and by other actions, -

imprisonment for a term not less than six months.

76. Organization and participation in gangs (armed gangs) and robberies and robberies organized by gangs, raids on Soviet and private institutions and individual citizens, stopping trains and destroying railroads. ways, regardless of whether these attacks were accompanied by murders and robberies or not, is punishable -

capital punishment and confiscation of all property, with the admission of extenuating circumstances to reduce the punishment to imprisonment for a term not less than three years with strict isolation and confiscation of property.

Aiding gangs and harboring gangs and their individual members, as well as concealing the obtained and traces of a crime, is punishable by the same penalties, with the possibility of reducing the punishment to imprisonment for a term of at least two years with strict isolation and confiscation of property.

77. Participation in riots not aggravated by the criminal acts referred to in art. 75, but associated with a clear disobedience to the lawful demands of the authorities or opposition to the fulfillment by the latter of the duties assigned to them by law or compelling them to fulfill obviously illegal demands, even if disobedience is expressed only in the refusal to stop the accumulation threatening public safety, is punishable -

imprisonment for a term not less than six months.

78. Mass refusal to pay taxes in cash or in kind or to perform duties is punishable by:

1) in relation to instigators, leaders and organizers -

imprisonment for a term not less than one year with confiscation of all or part of the property.

2) in relation to other participants -

imprisonment for a term not less than six months, or property penalties not less than the imposition of double the same payments and duties.

79. Non-payment by individual citizens on time or refusal to pay taxes, in cash or in kind, from the performance of duties or the performance of work of national importance, is punishable -

for the first time by administrative penalties imposed by the relevant authorities within the limits specified by law.

Repeated and persistent non-payment or refusal to perform work or duties, or other actions establishing the maliciousness of non-payers, -

deprivation of liberty or forced labor for a term not less than six months, or confiscation of all or part of property, or the imposition of property penalties not less than double the amount of the same payments or duties.

80. Concealment organized by mutual agreement or false testimony about the quantities subject to taxation or accounting of items and products, including the size of the sown, meadow, garden and forest area, or the number of livestock, the organized delivery of items that are clearly of poor quality, non-fulfillment by mutual agreement of the work and personal duties assigned by law to citizens, is punishable by -

in relation to instigators, leaders and organizers -

imprisonment for a term not less than one year with or without confiscation of all or part of property;

in relation to other participants -

imprisonment for a term not less than six months or the imposition of property penalties or duties not less than double the amount of the same payments and duties;

the same acts committed not by mutual agreement are punishable

penalties under Art. 79 of the Criminal Code.

81. Evasion from military service by causing injury to oneself, forging documents, bribing officials, changing one's surname or rank, as well as under the pretext of religious beliefs or through any other tricks, is punishable -

imprisonment for at least six months with confiscation of part of the property.

If this criminal act was committed in time of war or by persons called up for mobilization into the command staff of the army or navy, -

the punishment is increased to imprisonment for a term of not less than two years, and in especially aggravating circumstances - to capital punishment.

82. Participants in criminal acts under Art. 75-78 of the Criminal Code, involved in a crime due to lack of consciousness and ignorance, not convicted of committing serious acts, Article 75 of the stipulated, may be sentenced to a suspended sentence by a court order.

83. Agitation and propaganda of all kinds, containing a call to commit crimes under Art. 75-81, as well as inciting national hatred and discord, is punishable -

If agitation and propaganda took place during the war and were aimed at non-fulfillment by citizens of the military or military-related duties and obligations assigned to them, then the punishment can be increased up to capital punishment.

84. Production, storage for the purpose of distribution and distribution of literary works calling for the commission of criminal acts under Art. 75-81 Corner of the Code, punishable -

imprisonment for a term not less than six months,

and under the aggravating circumstances provided for by the 2nd part of the 83rd article

not less than one year of imprisonment.

85. Forgery of banknotes and state interest-bearing papers, stamps and other signs of state payment, if it is committed by prior agreement of several persons and in the form of trade, is punishable -

in relation to all participants and accomplices -

capital punishment with reduction, under mitigating circumstances, to imprisonment for a term not less than three years with strict isolation and confiscation of property,

and in the absence of a prior agreement, and likewise, in relation to concealers -

imprisonment for a term not less than two years with strict isolation and confiscation of part of the property.

Forgery of mandates, certificates and other documents representing the right or exempting from obligations is punishable -

imprisonment for a term not less than one year.

86. Resistance of individual citizens to representatives of the authorities in the performance of their duties assigned to them by law or coercion to perform obviously illegal actions, involving the murder, mutilation or violence against the person of a representative of authority, is punishable -

capital punishment with the possibility of lowering, under extenuating circumstances, the punishment to imprisonment with strict isolation for a term of at least two years.

If resistance took place without infliction of violence and other criminal acts specified in the 1st part of this article, then such is punishable -

imprisonment for a term not less than six months.

87. An insulting manifestation of disrespect for the RSFSR, expressed in desecration of state emblem, flag, monument to the revolution, punishable -

imprisonment for a term not less than six months.

88. Public insult of individual representatives of the authorities in the performance of their official duties is punishable -

imprisonment for a term not less than six months.

89. Failure to report reliably known upcoming and committed crimes under Art. 58-66 Angle. code, punished -

90. Knowingly false information in a written statement to a state institution or official about the activities of state institutions or officials, or a knowingly false answer to an official request from such, is punishable -

imprisonment for up to one year.

91. Unauthorized appropriation of the power of an official and the commission of certain actions on these grounds is punishable -

imprisonment for at least one year.

If the unauthorized appropriation of the power of an official was accompanied by a clear decree of the Soviet power, then the punishment is increased to imprisonment for a term of at least two years.

92. Theft, damage, concealment or destruction of official or private documents from public institutions in proportion to obstructing the proper resolution of cases or the general functioning of institutions is punishable -

93. Manufacture, acquisition, storage or sale of explosives or projectiles without an appropriate permit, if the criminal purpose of committing these acts is not proven, is punishable -

imprisonment for a term not less than six months.

94. The release of an arrested person from custody or from places of detention, or assistance in his escape is punishable -

imprisonment for a term not less than one year.

If the release or assistance to escape is committed by violence against the guards guarding the arrested person or the place of detention, then the punishment is increased to imprisonment for a term of at least two years.

95. Escape of an arrested person from custody or from a place of detention, committed by digging, breaking and generally damaging locks, walls, etc., is punishable -

imprisonment for a term not less than one year.

96. Concealment of circumstances preventing entry into marriage, giving false information to the bodies conducting the registration of acts of civil status, are punishable -

97. Violation of laws and mandatory regulations on the importation abroad or the transportation abroad of goods is punishable by -

forced labor for up to three months, combined with confiscation of all or part of these goods or a fine of up to 300 rubles. gold.

The same actions committed in the form of trade or committed by officials, or if the participants in them, committing them for the first time, were armed, or if the subject of transportation were the items specified in Article 10 of the Decree of the Council of People's Commissars of October 17, 1921 (Sobr. Uzak. N 70 for 1921, Art. 564), are punished -

imprisonment for a term not less than three years with strict isolation or under aggravating circumstances with capital punishment.

Note. This article does not apply to violations of customs rules for which administrative penalties are established by law.

98. Traveling abroad and entering the RSFSR without an established passport or without the permission of the relevant authorities is punishable -

forced labor for up to six months or a fine of up to 500 rubles. gold.

99. Violation of laws and mandatory regulations established in the interests of protecting forests from predatory exploitation and destruction, as well as conducting forestry in violation of the established plan; hunting and fishing at illegal times, in illegal places and in illegal ways and techniques; selection of stones, sand, etc. without the permission of the relevant authorities, as well as the development of the bowels of the earth in violation of the established rules is punishable -

imprisonment or forced labor for up to one year with confiscation of illegally obtained, as well as hunting or fishing tools, or a fine of up to 500 rubles. gold.

100. Tearing off or damaging seals or other signs imposed by order of the authorities in order to protect certain objects, storage facilities or other premises is punishable -

forced labor for a period not less than one month or a fine not less than 100 rubles. gold.

101. Unauthorized publication, reproduction for the purpose of selling literary, musical and in general works of art, recognized as the property of the republic, is punishable -

forced labor for up to one year with or without confiscation of property.

102. Concealment of collections and monuments of antiquity and art subject to registration, accounting or transfer to state storage facilities is punishable -

forced labor for up to one year with confiscation of hidden property.

103. Arbitrariness, i.e. unauthorized exercise by someone of his actual or alleged right, committed in violation of the same right of another person, is punishable -

forced labor for up to six months or a fine of up to 500 rubles in gold.

104. Participation in elections to councils of a person who does not have a legal right to do so is punishable -

forced labor for a period not less than three months.

Chapter II. Official (official) crimes

Official (official) crimes

105. Abuse of power, i.e. commission by an official of actions that he could have done solely due to his official position and which, not being caused by considerations of official necessity, entailed a violation correct operation institutions or enterprises, or public order, or the private interests of individual citizens, is punishable by -

imprisonment or forced labor for up to one year or dismissal from office.

If the same actions had particularly grave consequences, or were committed by an official in mercenary or other personal ways, then they are punished -

imprisonment for a term not less than one year with strict isolation.

Note: Officials are understood as persons holding permanent or temporary positions in any state (Soviet) institution or enterprise, as well as in an organization or association that has certain rights, duties and powers under the law in the implementation of economic, administrative, educational and other national tasks.

106. Abuse of power, i.e. the commission by an official of actions that clearly go beyond the limits of the rights and powers granted to him by law, is punishable -

If, however, the excess of power was accompanied, in addition, by violence, the use of weapons, or especially painful, or insulting the personal dignity of the victims, then it is punishable -

107. Inaction of the authorities, i.e. non-fulfillment by an official of the actions that he, according to the duty of his service, had to perform, is punishable -

punishments provided for in the 1st and 2nd part of the 105th article.

108. Negligent attitude to the service, i.e. inattentive and negligent attitude to the duties assigned in the service, which entailed red tape, slowness in the production of cases, disorder in office work and reporting, and other omissions in the service, is punishable -

punishments provided for in the 1st and 2nd part of the 105th article.

109. Discrediting the authorities, i.e. commission by an official of actions, even if not related to his official duties, but clearly undermining in the eyes of the workers the dignity and authority of those authorities, of which the given official is a representative, is punishable -

punishments provided for in the 1st and 2nd part of the 105th article.

110. Abuse of power, excess or inaction of power and negligent attitude to the service, if as a result of these followed the disruption of the central or local economic apparatuses of production, distribution or supply, or the disruption of transport, the conclusion of contracts or transactions clearly unfavorable for the state, or any other undermining and squandering state property to the detriment of the interests of the working people is punishable -

imprisonment for a term not less than five years with strict isolation, and under especially aggravating circumstances - capital punishment.

111. Judgment by judges from mercenary or other personal types of an unjust sentence is punishable by -

imprisonment for a term not less than three years with removal from judicial positions, and under especially aggravating circumstances, capital punishment.

112. Unlawful detention, unlawful bringing in, as well as coercion to testify during interrogation by the application of unlawful measures by the side conducting the investigation or inquiry, is punishable -

punishments provided for by the 2nd part of the 105th article.

Detention as a measure of restraint from personal or mercenary types is punishable -

punishments provided for in the 2nd part, 106th article.

113. The misappropriation by an official of money or other valuables that are in his possession by virtue of his official position is punishable

- Imprisonment for a term not less than one year with dismissal from office.

The same actions committed by an official with special powers, or misappropriation of especially important state values, shall be punished -

the punishment provided for by the 2nd part of the 106th article.

114. The receipt by a person in state, federal or public service, personally or through intermediaries in any form of a bribe for the performance or non-performance in the interests of the giver of any action that is part of the official duties of this person, is punishable -

imprisonment for up to five years with or without confiscation of property.

Mediation in the commission of the said crime, as well as concealment of bribery is punishable -

imprisonment for up to two years with or without confiscation of property.

Acceptance of a bribe committed under aggravating circumstances, such as: a) special powers of the official who accepted the bribe, b) violation of the duties of service by him, or c) the admission of extortion or blackmail, is punishable -

imprisonment with strict isolation for a term not less than three years up to capital punishment and confiscation of property.

A person who has given a bribe shall not be punished if he promptly declared that he had solicited a bribe or assisted in the disclosure of a bribery case. Otherwise, it is punishable -

imprisonment for up to 3 years.

115. Provocation of a bribe, i.e. deliberate creation by an official of conditions and conditions that cause the offer of a bribe, for the purpose of subsequent exposure of the bribe giver, is punishable -

imprisonment with strict isolation for a term not less than three years or capital punishment.

116. Official forgery, i.e. introduction by an official into official documents of knowingly false information, forgery, erasure or annotations retroactively, as well as drawing up and issuing a knowingly false document or making deliberately false entries in books, if these acts do not fit the signs of a crime under Art. 85th Criminal Code, punishable -

punishments provided for by the 1st and 2nd part of Article 105.

117. Disclosure by officials of information not subject to disclosure is punishable -

the same punishments.

118. Failure by officials to submit, at the request of the central or local authorities, the necessary information, certificates, reports, etc., the submission of which is mandatory for them by law, is punishable -

for the first time in a disciplinary procedure; for the second time by forced labor for a period of not less than three months with dismissal from office, if there are no signs of a crime under Art. 107 and 108 of the Criminal Code.

Chapter III. Violation of the rules on the separation of church and state

Violation of the rules on the separation of church and state

119. The use of the religious prejudices of the masses for the purpose of overthrowing the worker-peasant power or for inciting resistance to its laws and regulations is punishable -

penalties under Art. 69 Angle. Code.

120. The commission of deceitful acts with the aim of inciting superstition among the masses of the population, as well as with the aim of extracting any benefits in this way, is punishable -

imprisonment for up to one year or forced labor for the same period.

121. Teaching minors and minors religious beliefs in public or private educational institutions and schools punished -

forced labor for up to one year.

122. Any coercion in the collection of fees in favor of ecclesiastical and religious organizations or groups is punishable -

forced labor for up to six months, with deprivation for up to two years of the right to conclude agreements with local councils on the use of liturgical property and buildings, with confiscation of the property of the organization.

123. Appropriation by religious or ecclesiastical organizations of administrative, judicial or other public law functions and rights legal entities punished -

forced labor for up to six months with the liquidation of the above organizations and the confiscation of the property of the organization.

124. The performance of religious rites in state institutions and enterprises, as well as the placement of any religious images in these buildings, is punishable -

forced labor for up to three months or a fine of up to 300 gold rubles.

125. Interfering with the performance of religious rites, insofar as they do not violate public order and are not accompanied by infringements on the rights of citizens, is punishable -

Chapter IV. Economic crimes

Economic crimes

126. Labor desertion, i.e. evasion of accounting or registration established by the authorities announcing or conducting labor mobilization, or from appearing for work, as well as unauthorized abandonment of work performed in the order of labor mobilization, is punishable -

forced labor for a period not less than one week.

Labor desertion, associated with damage to the defense of the country, is punishable -

punishments provided for in the 2nd part of the 79th Art. Criminal Code.

127. Mismanagement by the head of an institution or the manager of a state enterprise of the labor force provided to the institution or enterprise by way of labor service is punishable -

imprisonment for a term not less than six months.

128. Mismanagement by persons at the head of state institutions or enterprises of the business entrusted to them, as a result of which the production plan was not fulfilled or the quality of manufactured products deteriorated, or the property of enterprises was squandered, is punishable -

imprisonment or forced labor for a period not less than one year, if this crime does not contain signs of a crime under Art. 110 Angle. code.

129. The squandering by the lessee of the state property provided to him under the contract in the form of means of production is punishable -

imprisonment for a term not less than one year with termination of the contract and confiscation of all or part of the property.

130. Failure to fulfill obligations under an agreement concluded with a state institution or enterprise, if the knowingly malicious nature of the failure to fulfill the agreement or other actions known to be dishonest in relation to the state are proven, even if these actions were expressed in the return of advances before the deadline and the refusal to further fulfill the agreement, but with the use of funds provided by the state for purposes not related to the fulfillment of obligations under the contract is punishable by -

imprisonment for a term not less than two years with confiscation of part of the property.

If, however, the clearly malicious nature of these acts is proved and they were accompanied by a preliminary agreement between the agents of the treasury and its contractors -

the punishment may be increased to capital punishment with confiscation of all property.

131. The issuance by the head of an institution or enterprise of products and consumer goods for other purposes is punishable -

The crimes referred to in articles 127-128 of the Criminal Code, if they were committed in a combat situation or were associated with military operations, are punishable

imprisonment for a term not less than three years, and under especially aggravating circumstances - the highest measure of punishment.

132. Violation by the employer of the labor laws established by the Code and general position on the tariff of the rules governing the length of the working day, overtime, night work, the work of women and adolescents, wages, hiring and dismissal, as well as violation of special norms on labor protection, is punishable -

fine not less than 100 rubles. gold or forced labor for a term not less than three months, or imprisonment for a term up to one year.

If the violation involves a group of workers or a significant number of them, then the penalty is increased to

imprisonment for a term not less than one year and a fine not less than 1000 rubles. gold.

133. Violation by employers (both by relevant persons of state enterprises and institutions, and by private individuals) of collective agreements concluded by them with trade unions, is punishable -

the punishment provided for in Article 132.

134. Interfering with the lawful activity of factory committees (local committees), trade unions and their representatives or preventing them from exercising their rights is punishable -

imprisonment for a term not less than six months and a fine or confiscation of property.

135. The collection of rent for dwellings from workers and civil servants is higher established by the Council People's Commissars of the size, as well as the eviction from the dwelling of workers and civil servants, except by a court verdict, is punishable -

forced labor for a term not less than six months and a fine.

136. Violation of the provisions governing the enforcement of state monopolies is punishable by -

forced labor or imprisonment for a term not less than six months.

137. An artificial increase in the prices of goods by means of a collusion or strike of merchants among themselves, or by malicious non-release of goods on the market is punishable -

imprisonment for a term not less than six months and confiscation of part of the property with the prohibition of the right to trade.

138. Speculation with foreign currency in exchange for Soviet banknotes or vice versa is punishable by -

imprisonment for a term not less than six months.

139. Buying and selling in the form of fishing products, materials of products, in respect of which there is a special prohibition or restriction, is punishable -

imprisonment for a term not less than six months with confiscation of property and prohibition of the right to trade.

140. Preparation for the purpose of selling wines, vodkas and generally alcoholic beverages and alcohol-containing substances without proper permission or in excess of the strength established by law, as well as illegal storage for the purpose of selling such drinks and substances is punishable -

forced labor for up to one year with confiscation of part of the property.

141. Violation of the rules on trade in certain products or articles, in cases where they establish liability in court, is punishable -

imprisonment or forced labor for a term not less than six months or a fine of up to 500 rubles. gold.

Chapter V. Crimes against life, health, freedom and dignity of a person

Crimes against life, health, freedom and dignity of a person

1. Murder

142. Intentional murder is punishable by at least eight years of imprisonment with strict isolation, provided that it is committed:

a) out of self-interest, jealousy (if it does not fit the signs of Article 144) and other base motives; b) by a person who has already served a sentence for premeditated murder or very serious bodily injury; c) in a way that is dangerous to the lives of many people or especially painful for the victim; d) for the purpose of facilitating or concealing another grave crime; e) by a person whose duty was to take special care of the victim; f) using the helpless position of the victim.

143. Intentional murder committed without the conditions or circumstances specified in the previous article is punishable -

imprisonment for a term not less than three years with strict isolation.

Note: Murder committed at the insistence of the murdered out of a sense of compassion is not punishable.

144. Premeditated murder committed under the influence of strong mental agitation caused by unlawful violence or serious insult on the part of the victim is punishable -

145. Exceeding the limits of necessary defense, which entailed the death of the attacker, as well as the murder of a criminal caught at the scene of a crime in excess of the measures necessary for his detention, is punishable -

imprisonment for up to one year.

146. Commitment, with the consent of the mother, of the expulsion of the fetus or artificial interruption of pregnancy by persons who do not have a properly certified medical training for this, or even if they have special medical training, but in improper conditions, is punishable -

imprisonment or forced labor for up to one year.

If the actions referred to in this article are committed in the form of a trade or without the consent of the mother, or had her death as a result, then the punishment is increased to imprisonment for a term of up to five years.

147. Killing by negligence is punishable -

imprisonment or forced labor for up to one year.

If the reckless killing was the result of a deliberate failure to observe the rules of precaution -

the measure of punishment may be increased to three years' imprisonment, and the court may prohibit the convict forever or for a certain period of time from the activity in which he caused death.

148. Assistance or instigation to suicide of a minor or a person who is obviously incapable of understanding the properties or significance of what he is committing, or of directing his actions, if suicide or attempted suicide followed, is punishable -

imprisonment for up to three years.

2. Bodily injury and violence against the person

149. Intentional grievous bodily harm resulting in a life-threatening health disorder, mental illness, loss of sight, hearing or any other organ, or permanent disfigurement of the face, is punishable -

imprisonment for a term not less than three years.

If such injury resulted in death, or if it was committed in a manner that bears the character of torment or torture, or was the result of systematic, even slight injuries, it is punishable -

imprisonment for a term not less than five years with strict isolation.

150. Intentional less serious bodily injury, not dangerous to life, but causing permanent health disorder or long-term dysfunction of any organ, is punishable -

imprisonment for up to three years.

151. Intentional grievous or less grievous bodily injury inflicted under the influence of strong mental agitation caused by unlawful violence against a person or severe insult on the part of the victim is punishable -

152. Exceeding the limits of necessary defense, which entailed severe bodily injury to the attacker, as well as inflicting such injury to a criminal caught at the scene of a crime in excess of the measures necessary for his detention, is punishable -

imprisonment or forced labor for up to one year.

153. Intentional light bodily injury is punishable by -

imprisonment or forced labor for up to one year.

154. Careless bodily injury is punishable by -

If careless bodily injury was the result of a deliberate failure to comply with the precautionary rules established by law or lawful orders of the authorities, the penalty may be increased to one year's imprisonment, and the court may prohibit the convict for a certain period from continuing the activity in the performance of which he caused bodily injury.

155. Knowingly infecting another person with a severe venereal disease is punishable by -

imprisonment for up to three years.

156. Deliberately placing a worker in such working conditions under which he completely or partially lost or could lose his ability to work, is punishable -

imprisonment or forced labor for a term not less than one year.

157. Deliberate blow, beating or other violent action that caused physical pain is punishable -

imprisonment or forced labor for up to one year.

If the said violent action was in the nature of torture, -

the punishment is increased by a term of imprisonment not less than two years with strict isolation.

158. Violence against a person, if it is caused by an equal or more serious violence, is equated with necessary defense.

159. Violent illegal deprivation of someone's liberty, committed by detaining or placing him in any place, is punishable -

imprisonment for up to one year.

160. Deprivation of liberty in a manner dangerous to the life or health of the person deprived of liberty or accompanied by torment for him is punishable

161. Placing a known healthy person in a hospital for the mentally ill for mercenary or other personal reasons is punishable -

162. Abduction, concealment or substitution of someone else's child for mercenary purposes, out of revenge or other personal means, is punishable -

imprisonment for up to four years with strict isolation.

3. Leaving in danger

163. Leaving without help a person who is in a life-threatening situation and deprived of the possibility of self-preservation due to infancy, decrepitude, illness, or as a result of another helpless condition, if the person who left him without help was obliged to take care of such a person, is punishable -

imprisonment for up to two years.

If a person left without help, deprived of the possibility of self-preservation and was not in the care of the person who left him, but was placed in a condition known to be life-threatening by the latter, -

the penalty may be increased by up to three years in prison.

164. Failure to inform the relevant institutions or persons about the life-threatening situation of another person, failure to provide the latter with assistance that he could provide, if death or serious bodily injury was caused as a result, is punishable -

forced labor for up to six months.

165. Failure to provide assistance to a patient without a valid reason by a person who is obliged to provide it by law or according to established rules is punishable -

forced labor for up to one year or a fine of up to 500 rubles in gold.

Doctor's refusal to provide medical care, if he knowingly could have consequences dangerous for the patient, is punishable -

imprisonment for up to two years.

4. Crimes in the field of sexual relations

166. Sexual intercourse with persons who have not reached puberty is punishable -

imprisonment for a term not less than three years with strict isolation.

167. Sexual intercourse with persons who have not reached puberty, accompanied by corruption, or the satisfaction of sexual passion in perverted forms, is punishable -

imprisonment for a term not less than five years.

168. Corruption of minors or minors, committed by depraved acts 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 taking advantage of the helpless state of the injured person is punishable -

imprisonment for a term not less than three years.

If the rape resulted in the victim's suicide, the punishment is increased by at least five years.

170. Coercion from mercenary or other personal types to engage in prostitution, committed through physical or mental pressure, is punishable -

imprisonment for a term not less than three years with strict isolation.

171. Pimping, keeping dens of debauchery, as well as recruiting women for prostitution, is punishable -

imprisonment for a term not less than three years with confiscation of all or part of the property.

If, however, those involved in prostitution were in the care or subordination of the accused, or were underage, then the punishment is increased by a term of at least five years in prison.

5. Other attacks on a person and his dignity

172. An insult inflicted on someone by action, verbally or in writing, is punishable -

forced labor for up to six months or a fine of up to 500 rubles in gold, or both.

An insult caused by an equal or greater violence or insult on the part of the victim is not punishable.

173. An insult inflicted in distributed or publicly displayed works of print or images is punishable by -

imprisonment for up to one year.

174. Slander, i.e. disclosure of a knowingly false and disgraceful circumstance to another person, is punishable by -

imprisonment or forced labor for up to six months.

175. Libel in a printed or otherwise reproduced work is punishable -

imprisonment for up to one year.

176. Hooliganism, i.e. mischievous, aimless, associated with a clear manifestation of disrespect for individual citizens or society as a whole, is punishable -

forced labor or imprisonment for up to one year.

177. A knowingly false report to a judicial or investigative body, or to an official who has the right to initiate prosecution, about the commission of a criminal act by a certain person, is punishable -

imprisonment for up to one year.

178. Knowingly false testimony given by a witness, expert or interpreter in the course of inquests, investigations or court proceedings is punishable -

imprisonment for a term not less than one year.

179. Knowingly false denunciation or testimony, connected: 1) with the accusation of a serious crime, 2) with mercenary motives, 3) with the artificial creation of evidence of the prosecution, is punishable -

imprisonment for a term not less than two years.

Chapter VI. Property crimes

Property crimes

180. Theft, i.e. secret theft of property that is in the possession, use or management of another person or institution is punishable - on the following grounds:

a) theft from a private person without the use of any technical means (simple theft) is punishable -

forced labor for up to six months or imprisonment for six months;

b) theft with the use of tools or tools, or other technical devices and techniques, or when it is committed by a person engaged in theft as a profession, or when the stolen was obviously the necessary means of subsistence of the victim, or when it is committed by prior agreement with other persons (qualified theft), punishable -

imprisonment with strict isolation for up to two years;

c) theft of horses or cattle from the working agricultural population is punishable -

imprisonment for a term 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 labor for the same period;

e) simple theft from state or public institutions and warehouses, or from wagons of steamships, barges and other ships and committed by a person who, by virtue of his official position, has access to such, is punishable -

imprisonment for a term not less than one year;

f) simple theft from state or public institutions and warehouses, from wagons and ships, committed by a person entrusted with their management or their protection, is punishable -

imprisonment for a term not less than two years with strict isolation;

g) qualified theft committed from public institutions, warehouses and other storage facilities is punishable by -

imprisonment for a term not less than two years with strict isolation;

h) theft from state warehouses, wagons, ships and other storages, carried out systematically or committed by responsible officials, or stolen in especially large amounts, is punishable -

181. Buying obviously stolen is punishable -

forced labor or imprisonment for up to one year.

The same crime committed in the form of fishing and for the purpose of sale is punishable -

imprisonment for a term not less than one year with confiscation of part of the property.

182. Robbery, i.e. Open stealing of someone else's property in the presence of a person who owns, uses or manages it, but without violence against his person, is punishable -

forced labor or imprisonment for up to one year.

183. Robbery combined with violence not dangerous to the life and health of the victim is punishable -

imprisonment for up to three years.

The same crime committed by a recidivist or a group of persons (gang) is punishable -

imprisonment for a term not less than three years with strict isolation.

184. Robbery, i.e. open, for the purpose of stealing property, attack by an individual on someone, combined with physical or mental violence, threatening death or injury, is punishable -

imprisonment for a term not less than three years with strict isolation, and in case of relapse - capital punishment.

The same crime committed by a group of persons (banditry) is punishable -

penalties under Art. 76 Angle. code.

185. Appropriation, i.e. unauthorized retention for mercenary purposes, as well as embezzlement of property entrusted for a specific purpose, committed by a private person, is punishable -

186. Misappropriation or embezzlement by an official of property entrusted to him by office is punishable -

penalties under Art. 113 Angle. code.

187. Fraud, i.e. obtaining property or the right to property for mercenary purposes through breach of trust or deceit, is punishable by --

forced labor for up to six months or imprisonment for six months.

Note: Fraud is considered to be both the reporting of false information and the deliberate concealment of circumstances, the reporting of which was mandatory.

188. Fraud resulting in loss to a state or public institution is punishable

imprisonment for up to one year.

189. Forgery for mercenary purposes of both official and simple papers, documents and receipts, if it does not fit the signs of the crime specified in Art. 85 Angle. code, punished -

imprisonment for up to two years.

190. Falsification, i.e. Fraudulently changing the type or nature of objects intended for sale or public use for a mercenary purpose, as well as the very sale of such objects, is punishable -

imprisonment for up to one year or forced labor for the same period, with confiscation of counterfeit items and prohibition of the right to trade.

191. Counterfeiting of consumer goods, which had or could have resulted in harm to health, as well as the sale of such articles, is punishable -

imprisonment for a term not less than one year with confiscation of part of the property and prohibition of the right to trade.

192. The sale of knowingly unusable seed material is punishable by -

imprisonment for at least two years with strict isolation.

Note: If the crime is committed by persons specially engaged in the sale of seeds, then the punishment is increased by up to three years.

193. Usury, i.e. collecting in the form of a trade for given money interest in excess of what is permitted by law, or providing for the use of tools of production, livestock, field, garden, or sowing seeds for a fee in an amount clearly exceeding the usual rate for the area, taking advantage of the need or disadvantage of the recipient of the loan , punished -

forced labor for up to one year or imprisonment for the same period, with or without confiscation of part of the property.

194. Extortion, i.e. the demand for the transfer of any property benefits or the right to property, or the commission of any actions under pain of violence against a person, or the destruction of his property, is punishable -

imprisonment for up to two years.

195. Extortion combined with a threat to disclose disgraceful information to the victim or to inform the authorities about his illegal act (blackmail) is punishable -

imprisonment for up to two years.

196. Deliberate destruction or damage to property belonging to an institution, enterprise or private person is punishable -

imprisonment for up to one year or forced labor for the same period, or a fine of up to 500 rubles. gold.

197. Deliberate destruction or damage of any property by arson, drowning or in any other generally dangerous way is punishable -

198. Unauthorized use for mercenary purposes of someone else's invention or privilege, registered in the prescribed manner, is punishable -

forced labor for a term of up to one year or a fine of three times against the benefit derived from unauthorized use.

199. Unauthorized use for the purposes of unfair competition of someone else's trademark, factory or craft mark, drawing, model, as well as someone else's firm or someone else's name, is punishable -

forced labor for a term of up to one year or a fine of three times against the benefit derived from unauthorized use.

Chapter VII. War crimes

War crimes

200. Special military crimes are recognized as criminal acts of the military personnel of the Red Army and the Red Navy, directed against the procedure established by law for performing military service and the fulfillment by the Armed Forces of the Republic of their appointment, and, moreover, precisely those that, by their nature and significance, cannot be committed by citizens who are not military or naval service.

201. Insulting by a subordinate military officer of his superior in the performance of his official duties is punishable if the insult is inflicted by a violent action, -

imprisonment for a term not less than one year with strict isolation.

If the insult was inflicted only in words or non-violent action -

imprisonment for a term not less than six months, under mitigating circumstances - according to the rules of the disciplinary charter.

The same deeds committed under the same conditions by a superior in relation to a serviceman subordinate to him are punishable -

the same punishment.

202. Non-execution by a serviceman of an order legally given to him in the service by his superior is punishable by -

imprisonment for a term not less than one year with strict isolation.

The same act committed in a combat situation is punishable -

imprisonment for a term not less than three years or capital punishment.

If the failure to comply with the order was committed due to obvious inconscience or ignorance, then it is punished according to the rules of the disciplinary charter.

203. Resisting the execution of an order or command legally given in military service is punishable by -

penalties under Art. 86 Angle. code.

The same act, committed in a combat situation, even without the use of violence, is punishable -

punishments provided for in the 1st part of Art. 86 of the Criminal Code.

204. Escape, i.e. unauthorized abandonment by a serviceman of his unit or place of service in order to evade military service, or participation in hostilities, is punishable -

imprisonment for up to three years with or without confiscation of property.

The same punishment is imposed on a serviceman who does not appear for the same purpose from vacation, business trip, when moving, and in other similar cases.

An escape committed in wartime or in a combat situation from a unit or institution to which the fugitive belonged, or by a person of command or commissar staff, is punishable -

capital punishment or imprisonment with strict isolation for a term not less than 3 years with confiscation of property.

Incitement, as well as facilitating the commission of acts provided for in this article, is punishable - as the direct commission of these acts.

205. Unauthorized absence, i.e. unauthorized abandonment by a serviceman of his unit or place of service without the purpose of evading military service is punishable, depending on the accompanying circumstances, -

or imprisonment for up to 1 year, or according to the rules of the disciplinary charter.

The same punishments are punishable by the unauthorized absence of a serviceman for service on time from vacation, business trip, when moving or in other similar cases, committed without the purpose of evading military service.

Unauthorized absence committed during a combat situation from a unit or institution, to which the absentee belongs, is punishable -

imprisonment for up to 5 years with or without confiscation of property.

206. Evasion by a serviceman from military service or participation in hostilities by inflicting any damage on himself or by other deception (simulation of deafness, dumbness, blindness, mental illness, etc.), inciting to commit this act and facilitating it , punished -

penalties under Art. 204 Criminal. code.

207. Swindling, i.e. unlawful alienation by a serviceman of items of state-owned uniforms and ammunition issued to him (for wearing), as well as deliberate damage to them or leaving them unattended and in an inappropriate place, is punishable -

imprisonment for up to 1 year, under extenuating circumstances according to the rules of the disciplinary charter with compensation for the cost of squandered, damaged or left things.

The same acts committed in relation to issued to the perpetrator for official use cold and firearms, cartridges and horses are punishable -

imprisonment for a term not less than one year.

The same acts committed in time of war or in a combat situation are punishable -

in the cases provided for by the 1st part of this article -

imprisonment for a term not less than one year;

in the cases provided for by paragraph 2 of this article -

not less than three years or capital punishment.

Persons who knowingly accepted from a soldier for any reason (purchase, exchange, gift, mortgage, etc.) mentioned in this article. items are subject to liability as an accomplice.

208. Violation by military personnel of the statutory rules of guard duty and legally issued in the development of the rules of special orders and instructions, if such a violation was not accompanied by any harmful consequences, is punishable -

imprisonment for up to one year or according to the rules of the disciplinary charter.

The same act and on the same condition, if, however, it was committed on guard posts at the places of arrest, at cash treasuries and boxes, warehouses of weapons, firearms and explosives, as well as on guard posts with especially important state or military meaning, punished -

imprisonment for up to two years.

The same act, if it entailed one of the harmful consequences, in the prevention of which this guard was established, is punishable -

in peacetime imprisonment with strict isolation for a term not less than three years.

In wartime or in a combat situation -

capital punishment with reduction under mitigating circumstances to imprisonment with strict isolation for a term of not less than three years.

Note: In cases where the violation of the rules of the guard service was committed in the form of assistance to the commission by other persons of one or another criminal act, provided for in two sections of this Code, the punishment is applied under the rule of Article 30 Angle. code of cumulative crimes.

209. Exceeding the limits of his power by the military commander or his inaction, committed without malicious intent, which did not entail the disorganization of the armed forces and materiel entrusted to him or other particularly important consequences, is punishable -

imprisonment for up to three years with strict isolation.

Exceeding the limits of his power by the military commander or his inaction without malicious intent, but entailing a general disorganization of the armed forces and materiel entrusted to him, or a military riot, or the lack of proper supplies, or the death of these forces and means, or the disclosure of secrets, strategic plans or other especially important consequences, punishable -

imprisonment for up to five years with strict isolation.

The excess of power by a military commander or his inaction, committed with malicious intent, for mercenary or other purposes, regardless of whether it entailed or did not entail the consequences specified in this article, is punishable -

imprisonment for a term not less than five years.

210. Unauthorized retreat of the military commander from the disposition given to him or other order given for battle, the surrender of the detachments entrusted to him, fortifications or warships to the enemy, as well as the destruction or rendering unusable of fortifications, ships, guns, weapons depots, food supplies and other items belonging to the means of warfare, in cases where these acts are committed without any intention to help the enemy, but only due to an incorrect assessment by him from the point of view of the benefit of the situation that developed during the battle, is punishable -

imprisonment for a term not less than one year.

The same acts committed in the form of assistance to the enemy are punishable -

211. Unauthorized leaving the battlefield during a battle, refusal during a battle to use weapons against the enemy, are punishable -

punishments provided for in the 58th Art. Corner. code.

212. Correspondence and communication during the war, directly or through other persons, with anyone in the enemy army, in the possessions of the enemy or in the area occupied by the enemy troops, is punishable -

imprisonment for up to three years with strict isolation.

In those cases where a serviceman, although without the intention of assisting the enemy, communicated in this way information that could have any relation to military action, is punishable -

imprisonment for a term not less than three years with strict isolation.

213. Military espionage, i.e. undercover service of the enemy army by collecting and transmitting to the enemy all kinds of information, knowledge of which may help the enemy in his hostile actions against the republic, is punishable -

punishments provided for in the 66th Art. Corner. code.

214. Looting, i.e. unlawful taking in a combat situation from the civilian population of property belonging to the latter, using the threat of military weapons and under the pretext of the need for this taking away for military purposes, as well as the removal of belongings from the dead and wounded from their possessions for mercenary purposes, is punishable -

punishments provided for by the 76th Art. code.

Chapter VIII. Violation of the rules protecting public health, public safety and public order

Violation of the rules protecting public health,
public safety and public order

215. Preparation of poisonous and potent substances by persons who do not have the right to do so is punishable -

a fine of up to 300 rubles in gold or forced labor.

216. Failure to notify the relevant authorities on the part of persons obliged to do so about cases of contagious diseases or loss of livestock is punishable -

217. Failure to comply with or violation of construction, sanitary and fire rules established by law or by a mandatory regulation in the course of construction work is punishable -

forced labor or a fine of up to 300 rubles in gold.

218. Non-fulfillment or violation of the rules established by law or by a binding decree for the protection of order and traffic safety on railways and waterways of communication, is punishable -

forced labor or a fine of up to 300 rubles in gold.

219. Failure to comply with a lawful order or demand of a police body on duty, a military guard, or any other authorities called upon to protect public safety and tranquility is punishable -

forced labor or a fine of up to 300 rubles in gold.

220. Possession of firearms without proper authorization is punishable by -

forced labor.

221. Violation of the technical rules established by law or by mandatory regulation regarding the installation of mechanical engines is punishable by -

forced labor or a fine of up to 300 rubles in gold.

222. Living under someone else's document is punishable -

forced labor or a fine of up to 300 rubles in gold.

223. Unauthorized leaving of a certain place of residence established by a lawful order of the administrative or judicial authorities is punishable -

forced labor or a fine of up to 100 rubles in gold.

224. Violation of the rules and binding regulations for the reproduction and publication of printed works is punishable by -

forced labor or a fine of at least 300 rubles in gold.

225. Violation of the rules and binding regulations for the opening and operation of a printing house and lithography is punishable -

forced labor or a fine of up to 300 rubles in gold.

226. Failure by the chairmen of the boards of directors, cooperative partnerships and labor artels and their associations, as well as representatives of various partnerships pursuing commercial and industrial goals, and private entrepreneurs operating their own enterprises or leased from the state, to provide information on the progress of work, their productivity , change in personnel, etc., according to the forms established by the central and local authorities, is punishable by -

a fine of up to 300 rubles in gold, and if repeated, in addition, forced labor.

227. Public violations or restrictions on the freedom of movement of other citizens by religious rites or cult ceremonies, contrary to the law or a mandatory decree of the local authority, is punishable -

forced labor or a fine of up to 300 rubles in gold.

Electronic text of the document
prepared by CJSC "Kodeks" and checked against:
Collection of legalizations and orders of the RCP RSFSR,
06/01/1922, N 80, item 153

ISSUES OF CRIMINAL LAW AND CRIMINOLOGY

S. A. Eliseev

CRIMES AGAINST PROPERTY UNDER THE CC RSFSR 1922

The idea of ​​unifying and systematizing the first Soviet criminal legislation, as is known, was put forward in the middle of 1918. By the second half of 1921, the Board of the People's Commissariat of Justice of the RSFSR had developed a draft Criminal Code. It was discussed at the 4th All-Russian Congress of Figures of Soviet Justice, convened at the end of January 1922. After the congress, taking into account the comments made by its participants and received from the field, an essentially new draft of the Criminal Code was prepared

1922 It was submitted to the Council of People's Commissars of the RSFSR, and then submitted for consideration to the All-Russian Central Executive Committee of the RSFSR. The 3rd session of the All-Russian Central Executive Committee of the 9th convocation made a number of changes to the draft. On May 24, 1922, the project was approved by her and put into effect as the Criminal Code of the RSFSR from June 1, 1922 "in order to protect the workers' and peasants' state and the revolutionary law and order from its violators and socially dangerous elements and to establish the solid foundations of revolutionary legal consciousness ...»2 The special part of the Criminal Code of the RSFSR of 1922 consisted of eight chapters. Chapter VI "Property crimes" provided for such infringements on property: theft; robbery (open and violent); robbery; appropriation of entrusted property; fraud; extortion (including its variety - blackmail); property damage. Theft was understood as "the secret theft of property in the possession, use or conduct of another person or institution." The law distinguished between simple (paragraph “a” of article 180) and qualified (paragraph “b” of article 180) theft. In each of these types, more severe forms were distinguished, providing for increased punishment. Thus, a simple theft from a private person without the use of any technical methods was punishable by forced labor for a period of 6 months or imprisonment for 6 months. Simple theft from state or public warehouses and institutions entailed imprisonment for up to 1 year or forced labor for the same period (paragraph “d” of article 180). Deprivation of liberty for a term of at least 1 year was punishable by a simple theft from state or public warehouses, institutions or wagons, steamships, barges and other vessels and committed by a person who, by virtue of his official position, has access to such (paragraph “e”

Art. 180);3 if the subject of this theft is

1 Shvekov G. V. The first Soviet criminal code. M., 1970. S.120-121.

2 On the introduction of the criminal code of the RSFSR into force: Decree of the All-Russian Central Executive Committee of May 24, 1922 / / SU RSFSR. 1922. No. 15.

3 In 1924, by the Decree of the 2nd session of the XI convocation of the All-Russian Central Executive Committee, clause “e”, Art. 180 of the Criminal Code was supplemented with the following note: “Petty factory theft of materials and tools of production, committed for the first time by workers and employees employed

elk person who was entrusted with the management of these premises, transport

means or their protection, then his actions entailed a punishment in the form of imprisonment for a term of at least 2 years with strict isolation (paragraph “e” of Article 180). As you can see, the basis for differentiating a simple theft into subtypes was partly the subject of the abduction, as well as the characteristics of the subject of the crime.

Qualified (according to the terminology of the Criminal Code) was recognized theft with the use of tools or tools or other technical devices and techniques, or when it was committed by persons engaged in theft as a profession, or when the stolen was a deliberately necessary means of subsistence of the victim, or when it was committed by prior agreement with other persons (punished by imprisonment with strict isolation for up to two years). It is impossible not to notice that the following features were used as the basis for distinguishing this type of theft: the method of action; the subject of the crime; the subject of the crime. The circumstance that increased the liability for a qualified theft (thus turning it into a particularly qualified one) was the place of the crime - p. "g" Art. 180 of the Criminal Code provided for liability for committing a qualified theft from state and public institutions, warehouses and other storage facilities.

The Criminal Code of 1922 also singled out two types of secret kidnapping, which were neither simple nor qualified theft. These were: theft during a fire, flood, train wreck or other public calamity; stealing horses or cattle from the laboring agricultural population.

By robbery of the Criminal Code of 1922, he attributed the open theft of someone else's property in the presence of a person possessing, using or in charge of it. It is impossible not to notice that, in contrast to theft, only property alien to the perpetrator could be the subject of robbery. According to the method of action, two types of robbery were distinguished: open abduction, without violence against the person of the victim (Article 182); open kidnapping, combined with violence that is not dangerous to the life and health of the victim (Article 183). qualified

types of non-violent robbery, the law does not differ

in production within their own enterprise, if the value of the stolen goods does not exceed fifteen rubles, - is punished administratively by the administration of the enterprise according to the table of penalties established by the People's Commissariat of Labor. See: Collection of materials on the history of socialist criminal legislation (1917-1937) M., 1938. P.156.

lychal. With regard to violent robbery, qualifying circumstances were provided: the commission of robbery by a recidivist; group of people (gang). For non-violent robbery, punishment was established in the form of forced labor or imprisonment for up to 1 year; for non-violent robbery - imprisonment up to 3 years; skilled robbery was punishable by imprisonment for at least three years with strict isolation.

Robbery was defined as “an open attack by an individual on someone with the aim of stealing property, combined with physical or mental violence threatening death or injury” (Article 184). The subject of robbery was property, but not someone else's, as was established in relation to robbery.

From this it followed that robbery was possible in the form of an attack with the aim of taking possession of one's own property, which was in the possession of others. On the objective side, robbery meant an open attack, combined with physical or mental violence, dangerous to life or health. What exactly was meant by an open attack, the law did not say. Systematic interpretation of Art. Art. 182, 184 made it possible to assert that an attack was recognized as open in those cases when it was committed in the presence of any persons who perceived the criminal act. The degree of danger of violence in the law was defined quite clearly; physical or mental violence should threaten death or injury.

The Criminal Code distinguished qualified types of robbery - robbery committed by a group of persons (banditry); robbery committed by a repeat offender. A simple robbery was punishable by imprisonment for a term of at least 3 years with strict isolation; in case of relapse, robbery was punished with the highest measure. Capital punishment and confiscation of all property was also provided for robbery committed by a group of persons (banditry). In the latter case, it was allowed, due to extenuating circumstances, to reduce the punishment to imprisonment for a term of at least 3 years with strict isolation and confiscation of property.

Art. 184, 186 of the Criminal Code of 1922 established liability for misappropriation of property. The misappropriation included "unauthorized deduction for mercenary purposes, as well as embezzlement of property entrusted for a specific purpose." Appropriation, as we see, was understood quite broadly - in the form of retention (actual appropriation) and in the form of embezzlement (alienation) of property. At the same time, property, as an object of appropriation, had to have a special legal property - to be legally in possession of the guilty person for a specific purpose. As part of this crime, possession of property implied a legal title; It was the conversion of the property owned by the guilty person into his property that was illegal. According to Art. 185 misappropriation committed by a private person was punished (forced labor up to 6 months or imprisonment for 6 months); under Art. 186 - by an official to whom property was entrusted ex officio

(imprisonment not less than 1 year with dismissal from office)4.

Fraud was defined as “acquisition of property or the right to property for mercenary purposes through breach of trust or deceit” (Article 187). In the footnote to this article, the concept of deception was revealed. It stated that both the reporting of false information and the deliberate concealment of circumstances, the disclosure of which was obligatory, are considered deceit. The subject of fraud included property (material things) or the right to property. Describing the subject of fraud, the Criminal Code did not indicate (as in the compositions of theft of robbery) that the property was alien to the perpetrator. Therefore, according to the logic of the law, fraud could also occur in the case of getting guilty through a breach of trust, deception of one's own property, if the rights of any persons were violated, limiting the property rights of the owner of this property. Attention is also drawn to a special indication as part of fraud on the purpose of a criminal act - a mercenary purpose. The Criminal Code of 1922 distinguished between simple, serious fraud and its special types. Simple fraud was provided for by Art. 187; it consisted in obtaining, through breach of trust or deceit, the property of a private person. This crime was punished by forced labor up to 6 months, or imprisonment for at least 6 months5. Fraud, which had as a consequence a loss caused to state or public institutions, was classified as serious. This crime, in accordance with Article 188, was punishable by imprisonment for a term not less than 1 year. Special types of fraud were identified in the Criminal Code, taking into account both the subject of the offense and the method of committing the crime. These included: falsification (fraudulent change in the type or properties of items intended for sale or public use, as well as the very sale of such items - Art. 190); falsification of consumer goods, which had or could have resulted in harm to health, as well as the sale of such items - Art. 191; sale of obviously unusable seed material; production and storage for the purpose of sale of a counterfeit hallmark; its use for branding products - Art. 190-a.

The Criminal Code defined extortion as “the requirement to transfer any property benefits or the right to property, or to perform any actions under pain of inflicting violence on a person or destroying his property” (Article 194). The subject of this crime included property in general - im-

4 Article 186 of the Criminal Code was canceled in 1923. This was caused by a change in the wording of Art. 113 (from the chapter on malfeasance), which establishes liability for "appropriation or embezzlement by an official of money, valuables or other property that is in his charge by virtue of his official position."

5 Simple fraud was punished more severely than theft or embezzlement. Moreover, this difference in punishment in the Criminal Code of 1922 was not at first. It was established in 1923 by the II session of the All-Russian Central Executive Committee of the X convocation.

material benefits, the right to property, actually material things The latter were not directly mentioned in the disposition of the article, but since the law spoke about “committing any actions”, it is obvious that, according to the meaning of the law, it could also be a requirement to transfer to the criminal some or things, money. The law did not require, as in the composition of other crimes against property (except robbery), that the subject of this crime was someone else's property. Therefore, extortion was also possible in respect of property that belonged to the guilty, but to which other persons had certain rights. The method of action as part of the extortion included a demand forcing the transfer of property. A threat was called a means of coercion, frightening: the infliction of violence against a person; destruction of property. The punishment for extortion (imprisonment up to two years) was less than for robbery with violence and robbery.

As a special type of this crime, the Criminal Code provided in Art. 195 "extortion combined with a threat to disclose disgraceful information to the victim or to inform the authorities about his 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 involved the requirement to transfer the right to property, etc., under pain of violence against a person, or destruction of property, combined with the threat of disclosure of disgraceful information. As part of extortion-“blackmail”, the threat of disclosure of information was a means of influencing the victim. Moreover, the perpetrator had to threaten the disclosure of information disgracing the victim himself, but not other persons, even those close to him.

Two articles (Art. 196, 197) were devoted to liability for the destruction, damage to property. The crime formed only a deliberate reduction in the scope of someone else's property possession by influencing a thing, depriving it in whole or in part of its original value and suitability. The Criminal Code distinguished two types of destruction (damage) of property - simple and generally dangerous. Simple (Article 196) included "deliberate destruction or damage to property belonging to an institution, enterprise or private person." It was punishable by imprisonment for up to 1 year, forced labor for up to 1 year, and a fine of up to 500 rubles. gold. It was recognized as generally dangerous "intentional destruction or damage to any property by arson, drowning or in any other generally dangerous way." For this crime 197 provided for punishment in the form of imprisonment up to 5 years with strict isolation. It is impossible not to see the difference in the subject of simple and generally dangerous destruction (damage) of property. The subject of a simple crime included someone else's property (things belonging to an institution, enterprise or private person); to the subject of a common song - any imu-

property, including those belonging to the guilty. It must be said that such a construction of norms on liability for damage, destruction of property existed in the Criminal Code of 1922 for a relatively short time. By a decree of the All-Russian Central Executive Committee and the Council of People's Commissars of August 24, 1925, Article 196 was stated as follows: “Deliberate destruction or damage to property belonging to a private person is punishable by imprisonment or forced labor for up to 1 year or a fine of up to 500 rubles.” Ch. 1 "State crimes" was supplemented by Art. 92-a with the following content: “Intentional destruction or damage to property belonging to state institutions and enterprises, as well as public (cooperative, professional, etc.) organizations, is punishable by imprisonment for up to 1 year. The same actions, if their repeated commission is established, or if as a result of them the suspension and interruption of production followed, or other serious damage was caused to the state, is punishable by imprisonment with strict isolation for a term of up to 5 years, with or without confiscation of property. By a decree of the All-Russian Central Executive Committee and the Council of People's Commissars of June 14, 1926, Article 196-a was introduced into the Criminal Code, establishing liability for “careless damage to a marine telegraph cable if it could cause a break in telegraph communication”6.

As you can see, the rules on liability for damage, destruction of property almost immediately underwent significant changes in the Criminal Code of 1922, taking into account the object of the criminal encroachment. Property crimes included intentional destruction or damage to the property of a private person. Deliberate destruction or damage to state, public property began to be regarded as an act extremely dangerous for the foundations of the Soviet state. Therefore, the norms that established liability for its commission were classified as state (against the order of management) crimes. At the same time, it is impossible not to notice that careless damage to state property (sea telegraph cable) was not considered as a state crime.

1923 The Criminal Code of the RSFSR was supplemented by Art. 180-a, which established liability in the form of imprisonment for a term of at least 3 years, and under aggravating circumstances - capital punishment for "theft from state and public warehouses, wagons, ships and other storage facilities, carried out systematically both by theft and equally and by committing forgeries, drawing up incorrect acts, etc., criminal acts or committed by a responsible official or with an especially large amount of stolen goods. In the original version of the Criminal Code provided, as we have shown, liability only for the commission of theft when

6 Collection of materials on the history of socialist criminal-

legislature. pp. 174, 226.

favorable circumstances (paragraph “h” of article 180). However, the legislator subsequently recognized, as we see, other forms of theft of property, carried out systematically, on an especially large scale, etc., as extremely dangerous. theft and fraud) it could be committed. The incorrectness of the presentation of the disposition allowed for differences in the interpretation of the concept of theft7. The subject of the theft was property located in state and public warehouses, wagons, ships and other storage facilities. For the offense under Art. 180-a, it required the presence of one of the conditions named in it, relating to the subject, the objective side of the act, the subject of the encroachment: systematic theft; committed by a responsible official; especially large size of the stolen.

The first Soviet Criminal Code contained, as we see, a fairly consistent array of legal norms aimed at

protection of the property interests of the owner in the new socio-economic conditions for Russia. According to its creators, it was an original code, based on the results of the practice of Soviet courts, and not samples drawn from the legislation of pre-revolutionary Russia and other states8, recognizing the undoubted validity of this statement, however, it should be noted that the Criminal Code of the RSFSR of 1922, one way or another, he took over from the previous Russian criminal law the general concept of building legal norms on crimes against property. This code called the types of crimes known to the legislation of pre-revolutionary Russia. The interpretation of the compositions basically repeated the decisions found in the Penal Code of 1845 and the Criminal Code of 1903. From the former Russian law, Soviet law also inherited terminology.

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7 Thus, A. Zhizhilenko believed that theft “embraced” theft and fraud. S. Poznyshev also attributed embezzlement to theft. B. Zmiev believed that the theft could also be committed through open possession. M. Grodzinsky understood by embezzlement all sorts of ways of criminal taking and turning property in his favor. (See: Zhizhilenko A. A. Property crimes. L., 1925. P. 90).

8 At the IV All-Russian Congress of Soviet Justice Workers, held in January 1922, N. Cherlyunchakevich, a member of the board of the NKJ, speaking with a report on the draft Criminal Code, said: “We, comrades, are alien to an attempt to draw up a code in such a way as to collect all the best, exemplary codes of all other states and dwell on what Russian and foreign criminologists considered the last word of abstract science. Cit. according to the book: Shvekov G.V. The first Soviet criminal code. M., 1970. S. 142-143.