CRIMINAL CODE OF THE RSFSR - USSR -
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K
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Document Creation Date:
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Publication Date:
May 26, 1961
Content Type:
REPORT
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JPRS:93411
26 May 1961
' CRIMINAL CODE OF THE RSFSR
-USSR-
PhotocopieS.of this report may be purchased from
PHOTODUPLICATION SERVICE
' LIBRARY OF CONGRESS ?
WASHINGTON 25, D. C.
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U. S., JOINT PUBLICATION RESEARCH SERVICE
1636 CONNECTICUTAVE, N, W
WASHINGTON ?250 De 110
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FOREWORD
This publication was prepared under contract
by the UNITED STATES JOINT PUBLICATTONS RE.
SEARCH SERVICE, a federal government organi-
zation.established to servicete translation
and r6search needs of the various vvernment
departments.
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J.pas:9344
CSO: 6088-N/h
CRIMINAL COB OF THE KirIt
/Following is El translation of the '11ep1ovvy Xbdeks
R2FGR"(Eaglish version above),puhlisheq An SpvtAekaya
Yusti.tslya jbovt justice), No 17, Deo 1960, Uoscow,
?ages
DECREE;
of the
RUSSIAN eovIET FEDERIITIVL a)CIALIST UPUB"-C
Concerning the Adootion of the Criminal Code RSFSR
The bupreme Soviet ol the hassian Soviet Federative Socialist
Republic decrees:
Article 1. That the Criminal Code 1Fh be adopted nd put into
effect ae of 1 January 1961.
Article 2. Thut it be est&bli?ihed that Article 24 of the
Criminza Code SFOR sai1 not appv, with respect to the period of
de,,rivation of fieedom, to persons convicted, prior to the adoption
of the Basic Princip;es of Criminal Legislation of the UC..,6 and the
Union Republics of 25 December 1958, of especially dan;orous crims
against the state as specified in Chapter One of the Spt:cial ?art
of the Criminal (=ode RSFSR, of bauitry, of premeditated homicide
under aggravrting circumstanceo, of the theft of state or public
property in large amounts, and of assault with intent to rob.
Article 3. That the 2residium of the Supreme E-Iviet it5n;h be
instructed to establish e procedure for putting into effect the
CrWaal Code RSFsR and pubLish CI list of those legislative ac:ts
of the RS1-q:R which will icw) tileir Jogai force owing to the
promulgation of the Criminal Code WaSR.
Chairman of the Presidium, bupree Soviet tiLFSR
Secretary of the Presidinm, Supreme soviet R6F3R
N. OROJANOV
S. (...R1,0V
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TABLE OF CONTEMS
General ?art
Articles
Chapter One,
Geneal Principles
1
- 3
Chapter Two.
The Scope of' hhe CrirtirLCrjde
4
- 6
Chapter Three
7
- 19
Concerning Punithment
20
-
Chapte Five.
LLsigning Punifalment and Lxemptin fron
37
- 57
Chapter Six,
Medioal. and
,;oncerning Cop Lr fileasures of a
?Edncational Character
3peolal Part .
58.1.63
Cha?ter Ono. Crimes against the State
1, Especially Danzerous Crimes tiainst the btate
11. Other Crimes aginst tqle State
Chapter Two. Crimes a!Tainct Oocialist Property
Chapter Threc. Crimes ziainst the Life, Health,
Freedom, z,nd Dignity of the Individual
Chapter Four, Crimes against the Political and
Labor Rights of Citizens
74
89
102
132
- 88
- 101
- 131
Chter Five. Crimes azainct the Prsont.,1 Property
oe Citizens
144
- 151
Chapter Six. xxonomic Crimes
152
169
Chapter Sever,. Crimes of Officials
170
- 175
Chapter Eight. Crimes againet JUFtrii:S
176
- 190
Chcpter Nine. Crimes a;Lainst the Orr of Governont
191
- 205
Ohx.,pte!' Tan. Crimes aaint. the ?ubilc Security,
inblipOrder, and the Health of the iopulation
206
- 230
Ch.t?t42 Eleven. Crimes Representing Vestiges of
LOC61 Ouatoms
Z31 - 236
Chz:.pter Toeive. Military Crmes
237 269
El.:zt of Xinds of Property Not subject to
Confiscation byntence of the Court
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CIENEL PART
Chapter One
General Princ.d0.ea
Articie 1, rine durposes of the Criminal Code tt.F;6R.
It is the purpose of the Criminl Code ft:6FbR. t'.) protect the
oTLt.aociol and goverminental system, uocialist droperty, the
person and rights of citizens and of the entire sociaUst legal
- order against criminal encroachments'.
4ith a view to achieving this purpose, the Criminal Code
spealfies what aDoially danerous acts ai-e criminal, and prescribes
. the penalties to be apiaied to persons wilo have cumidtted crimes.
Article 2. The Criminal. Code it,061i. and ell-union criminal legisla.tion
The? Criminal Code R6F.Sit is based on the principles and general
ppemises established by the Basic Principles of Criminal ..:eg.islation
of tnce. USSR and the Union Republics.
The all -union. laVie COneerni1.:17, criminalUaoiitcrimes
against the state anu military crimes, and.. the all-unin laws
filing liability for other crimes directed against: the Interests
of the USL,61 are included in the present Code, rending- inclusion
of nil -union criminal laws in the Criminal Codo d6:71?, the
lette are: applied on the territory. of the R6FSR directly.
The General fart of the Code applies both to the acts enumerated
In the present Code and to those acts libliity for wiAch is
specified in all-union laws not yet included in the present Code.
Article 3. The basis of criminal liebi.t.ity.
Grt.i.nel liability and punihmeut shell be tTplied. only to a
person who As guilty of committing a or'ime; i.e., a person who,
intentionally or through negligence, nee cdmmitted..it)f-Ji&Ily
dangerous act specified by crimimi statute.
CriminAl punishment shall be assigned oly by sentence of E. cow'
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emp.....1...?? .ge.e??????????
Chapter Two
The :',cope of the Criminal Code
Article 4. The force of the preo,r4t Oode with respect to acts
committed on the territory of the i4-2.FSR.
All persons who have committed crimes on th ?tItory of the
REFSR z7:re liable under the present Code.
In the event of the co=iiesion of a crime on the territory of
the FiLFSR by diplomatic representatives. of foreign states and other
persons who pursucnt to currently effective laws and international
af;reemeLts ere not subject to the iTA-lediction of ;:.;.oviet judicial
int: tutions with respect to criminal case, the question of their
criminal liability i decided by diploic means.
Lrtic18 5. The force of the present Code with respect to acts
omaitted outside the boundaries of the Ub,tqt.
Citizens of the US6R who have comitted crimes abroad., if they
.r,ve been subjected to crlminal presecution or brought to trial on
thc- territory of the R6F6R, are liable under the present Code.
$t tie persons who who've committed crimss. outside the.
)oundaries of the ti6ft and who are present within the MFSR, ar?.
liatie on the same basis.
I
If the persons eriumerated In the first and second part of the
present article have served a sentence abroad for the criibee committed,
tne court may mitigate the punishment assigned or completely exempt
the accused person from serving a sentence, as may be l4proprlate.
foreigners who have committed crimes outside the tdunderies
Qt' the USSR are liable under 6oviet criminal statutes in. those cases
specified in international agreements.
Article 6. The force of a criminal statute in time.
The criminal nature an0 punishability of an act is determined
by the statute in forte at the time the act was committed.
A statute making an act no longer subject to penalty, or
aitigating the penalty, ie retroactive; that is, it also applies to
acts committed before its promulgation,
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A statute establishing the punishability of an act, ee
increasing the penalty, does not possess retroectiVe.force.
Chapter Three
Concerning. Crimes
rt?le 7. The concept of crime.
A crime le? a socially dangerous act (of commieion or omission)
specified in the Special Part of the.present.Code which infringes
upon the Soviet social or governmental system, the eocialiet system
of economy, socialist property, the peraon, political, labor, .
property, and other rights of citizens, or any other dangeeoue act
infringing upon the socialist legal order specified by the Special
Part of the present Code.
An act of commission or omission which) although it formally
contains the elements of an act specified in the ::;pecial Pert of the
present Code, does not represent a eocial danger owing to ita
insignificance, is not a crime.
Article 8. The premeditated commissicn of a crime.
-A crime is considered to have been premediteted if the persor.
who committed it was aware of the socially dangerous character of
hie action or inaction, foresaw its socially dangerous censequencee,
and desired or consciously permitted the occurrence of- those con-
sequencee.
Article 9. The commission of a crime through negligence.
A crime is considered to have, been committed through negligence
if the person who committed it foresaw the possibility of the occur-
rence of the socially dangerous censequencee of his action or inaction
but frivolously counted on their prevention, or if he did not foresee
the possibility of the occurrence of such consequences although he
uld have .foreseen them.
Article 10. The liability of minors.
Persons who have reached the age of 16 years prier
mmission of a crime are criminally liable.
to. the
Persons who have committed crimes between the ages of 14 and 16
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yea.- are criminally liable only for homicide (articlee .1;)2-106),
the premeditated infliction of bodily injuries harmful to the health
(articles 108-111, and 112, first part), rape (Article 117), assault
With intent to rob (articles 91 and 146), theft (articles 89 and 144),
robbery (articles 90 and 145), malicious hotliganism (Artiole 206,
econd part), the premeditated destruction or demeging of etate or
public property or the personal property of citizens entailing
serious coneequences (Article 985 seeond part, end Article 149, second
pert), and for the premeditated commiseion of acts capable of causing
the wreck of a train (Article 86).
If the court coneidere that a person who, while leee than 18
years of age, has committed a crime ehich does not repreeent a great
social danger, cen.be reformed without the appliceeion of criminal
punishment, it may apely to such a person compuleory leasuree of an
educational dhareater which do not constitute criminal pun hent
(Article 63).
In the preaenee of the conditions enumereted in the third part
of the present article, the minor may be exempted from eriminal
liability and puniehment and transferred to a COMMiSLIC: on minors
for consideration of the queetioa of applying compulsory ceceurea of
an educational dearacter to him.
Article 11. Irreeponethility.
Criminal liability is not appliceble to a person eh:1 at the time
of committing a Facially dangeroys act was in a state of irresponsib-
ility; that is, who was unable to realize the significance of his
actions, or to control them, as EL reoult of a chronic mental illnessla
temporary disturbance of psychic behavior, feeblemindedneea, or other
state of illness. Compulsory measures of a medical character mey be
applied to such a person by order of the court (articles 58-61).
A peraon who has committed a crime while in a state of
reeponsibility bat who, prior to the paseing of sentence by the court,
has contracted a mental illnees depriving him of the possibility of
ealizing the significance of his actions, or of controlling them,
shell not be subject to punishment. Compuleory meseuree of a medical
character may be applied to such a person by order of the court, but
upon recovery he is subject to punishmeat.
Article 12. Liability for a crime committed in a state of
inebriation.
e person who has committed a crime while in a state of inebrie-
tion is not exempted from criminal liability.
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Article 13. Necessary defense.
An act 1.6 not a crime if, although it fails within the category
of an act specified in the Special Part of the present :Code, it was
committed in a state of necessary defense; that is, in defending the
interests of the Soviet state, social interests, the person or rights
of the individual defending hitself or another person, against
socially dangerous infringement by means of inflicting harm on the
Infringer, provided that the limit of neeesseTy defense were not
exceeded.
Obvious disparity between the defense and the character and
danger of the infringement constitutes going beyond the limits of
neceeeery defense.
Article 14. Extrene necessity.
An act is not a crime if, although it falls within the
category of en act specified in the Special Part of the present Code,
it was committed in a state of extreme necessity; that is, in order
to eliminate a danger threatening the interests of the Soviet state,
social interests, the person or righte of the individual in question
or other citieens, proviced that under the circumstances in question
such danger could not have been eliminated by other meane, and also
provided that the damage caused is lese extensive than the damage
that was prevented.
Article 15. Liability for mating preparations for a crime and
attempting e crime.
Finding or arranging the means or weapons, or any other
intentional creation of the conditions for the commission of a crime,
constitutes preparation for a ortme.
A premeditated act directly aimed at the commission of a crime
constitutes an attempted crime, provided the crime was not carried
out for reasons not depending upon the will of the guilty party.
Puniahment for making preparations for a crime and for an
attempted crime is assigned in accordance with that article in the
Special Part of the present Code which specifies the liability'for
the crime in question.
In assigning punidament the court shall take into account the
character and degree of social daleer of the acts committed by the
guilty party, the extent to which the criminal intentions were
carried out, and the causes why the crime was not consummated. e
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Article 16.. VGluntary abstention froi the commieeion of a erime.
A person Who has voluntarily &Detained from the. consummation of
a crime io criminally liable only if the act he has in fact committed
containe the elemente of another crime.
Article 17. Complicity.
The premeditated, joint participation of two or more persons
the commiesion of a crime constitutee complicity.
The accoMplicee in enerime include, in addition to the principale
organizere, instigatoyei'and accessories.
The principal is the person who has directly committed the crime.
An organizer i6 a person who hae organized the commiesion of ?
a crime or directed its commissione
An instigator ie a person who has abetted the commiesion of a
orime.
An acceseory is a, person who has contributed to the commiseion
of a crime by means of advice or instructions, by making meane
available or eliminating obstacles., or a person who has promised in
advance to conceal the criminal, the weapon, and the means of
ommitting the crime' the evidence of ths crime, or objects acquired'
,y criminal meane.
The degree and character of participation in the cemeiesien of
the crime on the part of each of the accomplices shall be takeu into
accoert by the court in aesiening punishment.
Article 18. Concealement.
The cencealmeat, when not previously promised., of a criminal,
or of the weapons and means of comnitting a crime, evidence of the
crime, or objects acquired by criminal ons, entails liability
oely in those cases sPecially stipelated by the Special Part of the
present Code.
Article 19. Misprision.
Misprieion of a crime reliably- known to be in the etageof
preparation, or to have been committed., entails criminel liability
only in those eases specially stipulated by the Special part cf the
present Code.
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.1.4.4.4.1???
Chapter Four
Concerhing Punishm. t
e 20. The guri.loses of nsherit.
Puniellment does not merely constitute hat.iement. for the
comuitted; it also has the purpose of reform*np nd rOductiag
' persons in 8, spirit of an honorable attitude toward labor,
t3 compliance. vsith the law) and rept for tb,7:, rulozof
st communal living, and the prevention Of the.mmission of
crimes either by the convicted persons or by o 'ors.
It is not the 10Jrpose of punishment. to infli.nt pa cal suffering:
to denigraterhuman dignity.
Article 21, Types- of punish;zent.
The following penalities may be assigned to personc who have
mitted crimes:
1) depr1v6tion of fredom;
Ina
exile;
baniShment;
corrective labor without de,rive:Ition oV freedom;
oorivation of the ri?J-at to Or.teliz_y certain 1,ositions
in certain activitic;
fines;
removal from position;
iositicn of en obligation to IatiC2 restitution for
9) public censure;
10) tie confiction of property;
11) depriv,,tion of a military or special title,
Punishment in the form of transfer to a Ci6cii:1inary battalion
also be applied to Lilitary personnel with e fixed tsrm of servin
Article 22. baj and supplementary measum.; of ninent.
The basic me ti:e Oi. urtihcnt exu deprivation of i'rec.o
corrective labor without derivation of freedom, 0A:do censute,
end transfer ti disciplinary betOlion.
Eanihmt, agile) riv.tioi of the L.4. t to occupy cia-taiu
positiom or to engage In certain actdvitie2, I-nes, retiovld from
position, the impoaition of an obligation to make restitution for
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s mey be employed as either basic or supplementary pezalita
Confiscation of property and deprivation of a military or special
title may be employed only as supplementary penaltiee.
Article 23. An exceptional measure of puniehmeat: the (teeth peealty
A)plication of the death penalty, by &looting, is permitted in
the form of an exceptional measure of punishment, pending its
complete abrogation, for treason (Article 64), espionage (Article 65)
acts of terrorism (articles 66 and 67), eabotage (Article 68),
banditry (Article 77), premeditated homicide with aggravating
ciroamstances as eaumerated in Article 102 and Item c of Article 240
of the present Code, and in time of war or under combat conditione,
for other especially serious crimes in ttose cases specially stieulate
eer the legieletten of the USSR.
The following shall not be sentenced to the death penalty
persons who had not reached the age of 18 years prior to ths commis-
sion of the crime, and women who were in a state of pregnancy at
the time of commisaion of the crime or by the time sentence w8l3
passed. -The death penalty shall not be applied to a women. who is
in a state of pregnancy at the time of execution of sentence.
Art:Icle 24. Deprivation of freedom.
Deprivation of freedom is prescribed for periods of from three
months to ten years; or, for especially serious crimes and for
especially dangeroes recidivists, in those cneee enumerated in the
Special Part of the present Gods, for not more tf,an 30 years.
When sentencing a person who was under 18 years of ege at the
tine of commiezion of the crime, the period of deprivation of freedom
hail not exceed tem years.
Adult person a Condemned to deprivation of freedom serve their
eentences in a corrective labor colony or in prison. Minors serve
their sentences in a labor colcny for minors.
Deprivation of freedom in the form of confinement in orison
for the entire period of the sentence, or part of such period, may
be aseigned by the court to parsons who have committed serious
crimes, or to eppecielly dangerous recidivists.
In the case of persona Who have served not less than one half
of the period of confinement in prison, provided their behavior h.ka
been exemplary, the court may substitute detention in a colony for
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niew.
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con.. ..nemea in prison.
In tile case of persons -Who have maliciously violat,ed the
regulations established at a correAive 1/tor colony, detention in
a colony :ua:, by order of the Cotaq;, be reolacet by confinement in
priscn. for period not to e:i..:Yeed three years, the reedsdar of tn,c
sentence to be served in a corrective Iabor.colony4.
The procedure and conditions for serving a sen'tence of del:rive-.
tio of freedom are governed by the. Corrective LaboCode
.1c?pational gnidance for oersons releacd from places of
cuafioament ls the resonsibility of the e.,:ecuti-ve ccmmittees of
local soviets or woricers deuties.
Nuto. The fllOwing may be a:J.asidered especiully C.angerous
reci6Avieta ilth respect to the: sentence of the cort; .
1) 6 person previously convicted_ of en esi)acie.11y d,merovis
crime against the state (articlos 64-73), banditry. (14ticle 77),
premeditated. hemiclde (articles l02, 101, and 240, Item premedi-
tgited sprious bodily injury 108), rape (Article 117), the
theft of state or oublic property ia large azounts (id-.tirie 890
third.. part, Article 90, third hart, Article 920 third pArt; Article
93, third part), assault Aith. intant to rob (articles 1.. and 146
and who has comTittad one of the above-mentioned crimes,
irrespective of ohich of such crimes the person. was convicted of
the first time;
T)ersor. with ter) previous convioticn;.:, of taeft (articles.
?89 and 144), robbery (articles 9C; and 145),. frend (articles 9.3nc
147), speosietion (Article 154), bribax7 (f.rtiole 17?), 'r Ucicvs
looli.genism (Article 206, second part) who has sobseuentlY cowitted
any of the crims ennmeretea in the first paragraph of the present
dote, or a person jrevieusty convicted of any of the crimes onymernted
in the first paragra.ph of the present aote who has? subsecioentIy
colmitted, on two occasions, theft, robbery, fraud., speculatdon,
bribery, or malicious hooliganimj
3) a person with three. -:irevioos convictions for theft,
_obbery, fraud? speculation, bribery, or melicious hooliganism anc.
who has stbseuently comrdttod any of ch crimes.
In considering the quest,ion us to w:.ether a. person is to be..
ruled, a dangerous recidivist, the court shall tae into account the
chare.(..!ter and degree of the social danger of the crime committed, the
character of the guilty party, and. the circumstances of the case.
In considering.whether a. person is to be ruled an e$7)ecial1y
dangeroos recidivist, acourt shall not be tiien of the crimes
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commilled-t7Wa77167i;;6"ii7717n esr-Tr'rrig--j-6afi-:5r7qj;-3F6r-atT.i9e
with respect to which the conviction was cancelled or refq'.tee.
Article 25. Exile.
Exile consists in removing the convicted person from his place
of residence,. with mandatory settlement in a definite piece.
Exile as either basic or supplementary punishment may be
prescribed for a period of from tvo to five years. Exile as extra
punishment may be. applied only- in those cases specially enumerated
in articles of the Special Part of the preeeLt Code.
Vocational guidance for exiled persons is the respensibility
of the -executive committees of local soviets ef workers' deputies.
Exile is not prescribed for persons who had not reached the age
of 1 years prior to the commission of the crime, for preenent
women, and for women with dependent children under eight years of age.
The procedure, place, and conditione for eerving a sentence of
exile are preecribed by legislation of the USSR and the RSnR.
Article 26. Bantehment.
Banishment consists in removing the coavieted poraon from his
place of residence and forbidding him to reside in certain specific
areas.
? BaniShment both basic and extra punishment may be prescribed
'-r a period of from to to five years. Banishment as extra punieh-
ment may be applied only in those cases specially enumerated in art-
icles of the Special Part of the present Gode,
? Banishment is not prescribed for persons who had not reached the
age of 18 years prior to the commission of the crime, for pregnant
women, and for women Ath dependent children under eight years of age,
The procedure and conditions for banishment are preecried by
legislation of the USSR and the RSFER.
Article 27r Corrective labor without deprivation of freedom.
e e ]
Corrective labor without deprivation of freedom may be
asaigned for a period of from one month to one year and performed,
in accordance with the sentence of the court, either et the place
of mployment of the convicted person or t another place determined
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?
by the organ responsible for applying corrective labor, but in the
area or residence of the convicted person.
Deductions from the earnings of a person convicted to corrective
labor without deprivation of freedom are withheld in an emount fixed
by sentence of the court, ranging from five to 20 percent or the,
earningso and transferred to the state.
In the case of perSons considered to have lost their working
capacity, the court may replace corrective lebor with a fine, public 4
censure, or imposition of an obligation to make restitution for damage
done.
Time spent in the performance of corrective labor, including
such labor at the'Place of employment of the convicted person, .
is not counted toward job sealority.
In the event of conscientious work and exemplary behavior on
the part of the convicted person during the performance of corrective
abor, the court may, at the requeet of a social organization or
collective of workers, after the convicted person has served his
1 ' sentence, rule that the time spent in performing corrective labor be
counted toward job seniority.
Article 28. The consequences of declining to perform corrective labor
If the persen in question: avoids. performing 'corrective labor
at hie place of employment, tle court may replace it by corrective
labor at a place designated by the organ responsible for applying
this punishment. If he avoids performing corrective labor at e.
place designated by the organ above-mentioned, the court may replace
it with deprivation of freedom. In this case every three days of
time remaining to be served at oerrective labor shall be replaced by
one day of deprivation of freedom.
Article 29. Deprivation of tae right to occupy certain poeitions or
to engage in a particular activity.
Deprivation of tae right to occupy certain positions or to engage
in a particular activity may be prescribed by the court for a period
of from one year to five years, as basic or extra punishment.
This punishment may be aseigned in those cases where, by reason
of the character of the crimes committed by the guilty party in
connection with a poeition or When engaged in a particular activity,
the court deems it unfeaaible to grant him tne right to occupy
certain positions or to engage in a particular activity.
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When this punishment Is assignee in aduteion to deprivation of
freedom it apeliee throughout the period of deprivation of freedom
and, in additicn, during a period established by the sentence. If,
however, deprivation of the right to oceuuy certain positione or to
eegage in a particular activity is prescribed in aadition to anoLher
kind of basic punishment, the period ie eomp/Aed frem the time when
the serving of the basic eentence is commenced.
Article. 30. Fines
A fine is a monetary penalty impoved by the court in those cases',
and within thoee limits, specified by the appropriate articles of the.
bpecial Part of the present Uode.
Tile amount of the fine is fixed in accordance with the eeriouse
flees of the crime which has been eomitted, taxing into account the
property position of the guilty party.
In the event that it is impossible to collect the finer tha
court may 'rule that it be replaced by corrective labor without
depr17ation of freedom, taking one month of corrective labor As the
equivalent of a fine of 100 rubles, but the period of correetive labor
shall not exceed one ye.
The substitution of deprivation of freedom for a fine, or of
a fine for deprivation of freedom, is prchibited.
Objects not subject to confiecetion shall not be seieed by way
of collecting a fine.
Article 32. Imposition of an obligation to make restitution for
damage done.
The performance of an obligation to make restitution for damage
done consiste in the direct elimination of the damage by one's own
resources, restitution for material damage in ore le ?Ten funds, or
a public apology to the injured party- or to members of a collective
In e form prescribed by the court.
A penalty in the form of imposing an obligation direotly to
eliraJnate tl':e damage by on own resources may be aesielted in a
case where, taking into account the charaeter of the damage done,
the court considers that the guilty party is capabie of eliminating
it :irectly by the abeveementioned meane.
A penalty in the form of imposing an obligation to make
restitution for material damage in ono 9s own funds may be eesigned
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if the extent of the damage done does not exceed 1,003 rutis.
A penalty in the form of imposing an obligation to make a public
apology to the injured party or the members of the oorresponding
collective may be:assigned if there has been iaftingemeet of the
inviolability or dignity of thelpereon or violation of the rulee of
socialist ? communal living Which ha a not caused material .age
If the convicted pereon fails to 1filLhie; obligation to make
restitution for the damege done within the period fixed by the exemt
the court may replace teie penalty by corrective labor, pr a riae)
or removel from position, or pub),ic cenaure. In, thia case, and also
in case the materialedamage done amounts to morethn 1,000 rebles,
restitution to the injured party for the damage done is effected
by way of civil procedure.
Article 33
Public censure.
Public.cenoure coneists in the public expression by the court
of censure of the guilty party and, Where neceeeary, in. bringing
this fact to the attention. of the public through the press or by
other means.
Aeticle 34. The transfer to a battalion of tlltary
personnel who have oommitted crimes, and ta eeplacement of corrective
labor by detention ia a guardheuee.
Military personnel with a fixed term of service who have commit-
ted crimes may be transferred to a disciplinary battalion for a period
of from three months to two year in those cases epecified by law,
and also in those cases where the court, having taken lekto account
the circumstances of the caze and the character of the eonvicted
person, considers it desirable to replace deprivation of freedom
for a period of up to two years by transfer to a disciplinary bat?
talion for the same period.
Corrective labor without deprivation of freedom
in the case of military personnel, by oonfinement in. ageardhouee
for a. period of up to. two months.
Article 35A Confiscation of property.
Confiscation of property consista in the compuloory seizure
and transfer ba the etate ) without compensation; of all or a pert
of property which is the private property of the convicted persen.
If a part of the property is being eonfiscated, the court 'shall
specify which part of the property is beingoonfiscatedl or list
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thf-'2 oonfiscatc,kd objects.
? '.;onfiacation of i.xoperty :way be pre&eribed only ,for crines
a.,.zainSt the state hnd sericm; ven.41 orlIea in thoa,e oases enumerated
articles of the Speciai rart of the pi'eelAt L'ode
When, property "15 oonfisdated:the ate is not anEwtwabl.e. for
the debts ald obitgoUone of too c:4,r.vif..Aed ?err:on. If they "aave-
nricen aftertekilv of qAaaaures to- confiecat provrty by orgs
of' 1-,o lice inquiry, inveetlgative t or judiziaI-orghn, ane.
witut hgreemeot on, the part of imeh ornns.
Vita respct to claim, against cooftscatc3d prert., the state
L ,9newerable.only within the limito of th_e assets. Wit regani to
the 2riority fat' !iatisfying claiAls, the raLes precribc the t.;c-de
of Ldvil Pro,led:Are a;.3,Fa shall be obearved.
Artible 36. Depriv?tio. of military end other titier.; aJs,,J, of
orders, medal, and honorary titlas.
When e .ploron -posessi,n6. a military or sp.e.1 tit;
o.lnvictd of a crtme hie m49y, by sztence? of ttli COVrt. be
dabrived of such tat:o.
. i
. When a .pers,on. who ba been ava.l.rded.an oder? or mec-ni, or oho I
. 1
,pos6esser. an, honacy title, oly),:..:t'l by the Prestdiu of th ! 1
H:,hal-pre l',ovlet 6aR, the i'reflicit ,..df' 1,ne Suprele :;,o-i.rie RaEi..? or ,
1 of Another rtAoA republic, or of an antor.o-mous reublicl, or a militarVi
or other titles celferred by the PxwAdi7.,:,m. of the upre :::;tvi,A
,
the ',.;ouhat.1 of MlaiEtors U6La, no ColArioll of Ministle 66.F,Siii 1
Pr of lubther .tnitiort republic, *1.6$ been convicted of a, zeris
t murt un tir iecid ue in a to
.iletiLer to submit to the organ Whic awarded. the order or meaal to I
hs v w. paeg Fentcee ce tAe?Asto. s
convIoted nersop o- whir.h c.o-derr,),' tke 'ItiP u-o-o. 1:.4:a '-'1.8t
1-19 oollvicte.a. peon be de,-:rived. of thi. order oz medal, or 1171e,
4cmoraty, Triiiity, or other title,
Ghapter Five
Aef,.ighin,j; 7'unishment and k,..xem,;.:tion .rolA
A. ticle 37. The generei principles of ess.Igning punizhment.
The court aseigqs unihment within the U.wit tb11 shid. y
the articles of the Special i'art of tAe present Code,, ?re scribe I
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. ,
:Liability for the crime committed in.close orAl y w provie
sions of the Basic Principles of (wriminal Legisl.tion of tile UR
and the union he,lublice arid the General Part of the present Code.
In assigniag punishment the court, guided by the 'socielist legel
philosophy, taKeS into account the character and degree of social
dangeT. of the crime committed, the character' of the geilty ottrtyp
end the circumstances of the case mitigating or eggravatine liability.
Article :38. Cireumstances mitigating liability.
when punishment is assigned, the following shall be considered
as circumstances mitigating liability:
1) tee prevention, by the guilty party, of hareful conse?
quences of the crime which was ?emitted, or voluntary restitution
or damage done, or elimination of damage done;
2) the commission of a crime as a result of the concurrence
of serious personal or family circumstances;
3) the commission of a crime under the influence of a
threat or coercion, or by reason of material, occupational, or
other dependence;
4) the commission of a crime for the first tize as a result
of a concurrence of aircunstencee, provided such crime does aot
represent a great social clanger;
5) the commission of a crime under the influence of strong
emotion caused by the unjust act of the injured party;
6) the commiseion uf a crime when offering defenee ajuinet
a secially dangerous infringement, altboegh the limits of necessary
defense have been exceeded;
7) the commission of a crime by a minor;
8) the commission of a crime by a women in a state of
pregnancy;
9) sincere contrition or confession, and active asoistance
in discovering a crime.
.When assigning punishment the court may consider that the
liability has been mitigated by other circumstances as well.
Article 39, Oircumste-nces Aggravating liability.
When punishment is assigned, the folloaing atoll be considered
6 circumstances aggrawAing liability
1) the commission of a crime by a person who hes previously
=Jetted a crime.
The court shall have the right, depending upon the character
of the first crime, to rule that it posseeees no significance as an
aggravating circumstance.
2) the commiseion of a crime by an organized group;
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2 the commission of a crimo for venhl or ,tber phFe woliwba
4) the production of sert,us c,;nsequances by the crime;
5) the commission of a crime sith respect to a young person,
old pern, op other person in 8 neidier.s condition, and Pith
rest to ,a person in a stete of materiaL, offialPi, or other
deendewle udon the guilty perty;
6) 1-,ne instigation of miner%t to thl) commi.sslon of acrime,
)r the enListment of minors for partjoitioh in a crime;
7) the commission of a CaMe involving parLicular bhrbhaess
nr mectery to4ard the injured .,',artlr;
8) the commission of a crime whiGh invoiv-es ;;roftting from
1.;11,e conditions of a public disaster;
9) the commission of a crime by a mothod involving general
darr:er;
10) the COMMiSSIOA of h crime Lbsoci4,ted with the use of ,a
source of neihtened dallier by a person A state of insbrietion;
ll) denouncing a pert;on 4nomi to be innocent;
12) the commission of a new crime by a person released
unda( surety quring tne period of surety or Ai thin one yecr after
the e7,iret1on of each perfect.
Article 40. Assigning vunishment when several crimes '6.ave been.
committed,
If a person is found guilty of having commited two or more
crimes speciffied in Vhri:AIS articles of the Special part of the
present Uede fny none of *Lion he had been yonvicted, the court,
after having ,2ssigned punishment for erxh crime individually,
makes its final determination of uni3hmeht on the basis of their
totality by meRne of absorbing the 1es6 sovero sentence by the or
severe_ one, or by. means of the full or partial corounding of the
sentences within the limits established by. the articles providing
for 6 more severe penalty.
ihe extra penalties enumernted in thobe articles of the SpeciEl
eart of the -,)resent Code which prescribe tho liahiLity for those
crimes of whose commission the person pa.es found oility1 may be added
.0 the basic sentence.
Punishment is assigned la accordance with the same rules if,
after sentence has been passed, it ib established. that the convicted
-,ers,:tn is guilty of another crime committed prior to the passing of
sentence in the first case. In this case, the sentence flaly or .
partially served under the first judgment is counted as a part of th
period of the sentence.
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Article 41. Aseigning punishment in several sentences.
If, after pronouneement of sentence but ',rior to the fue1
serving of the sentence, the convicted pereon has committed a new
crime, the court adda to the new sentence, fully or in pert, the
enserved part of the oentence under the previous judgment.
'When sentencee are compounded in eeeordance witll the peeceeure
preecribed in the present article, the overall period of the eentence
wheal not exceed the maximum period fixed by the preaent Code for the
kind of sentence in question. When compounding sentences in the form
of a deprivation of freedom, the oveeall period of the sentence shall
not exceed ten yeare, except that for crimes for which the peezent
Code permits aecignIng deprivation of freedom for a period of more
then ten years, it shall not exceed 15 years.
Vinen compounding sentences In the form of a deprivation of
freedom and serviCe in a dieciplinaey battalion, one day of
service in a disaiplinary battalion is taken as equal to one day of
deprivation of freedom.
When compounding sentences in the form of a deprivation of
freedom and and in the form of exile, banishment, or coerective labor
three days or 'exile, beniShmeet, or corrective labor are take an
equal to one day of deprieation of freedom.
Eieatencee Involving deprivation ofxfreedom plus a.fire, or
orrectiva labor pies a fine, are put into execution Independent4e
cle 42. Concerning the procedure for determining the length of
eentences.
Periods of deprivation of freedom, ;service in e disciplinary
battalion, exile, banishment, corrective labor? or deprivation of -
the right to occupy certain positions or to engege in a particular
activity, are computed in months and years. Periods of detention
in a guardhouse are computed in de:4(s and months.
Computation of the above-mentioned sentences in. days is permie-
able ellen replacing or compounding sentences.
Article 43. Assigning a loss severe penalty than that preecribed by
law.
If the court, having ten into consideration exceptional circum-
stances in tte case and the character of the convicted pereon,
deems it necessary to assign to him a penalty below the minimum level
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fixed by law for the crime in question, or to aseign a different and
lees severe form of punishment, it. may, so mitigate the punishment.
In thia caoe it is mandatory to eet forth the reasons therefor.
Article 44. Conditioel eouviction. e
If, when assigning punishment in the form of a deprivation of
freedom or corrective labor, the court, having taken into account the -
cirouvestances of the case and the character or the convicted person,
is conrinced that it is not desirable for the convicted person to
serve the sentence assigned, it may make a, ruling as to the conditiona'
non-epplicatioa to the convicted person. of the punishment in question,
mandatorily setting forth in the sentence the reasons for the .condi
tional conviction." In this oaee the court rules that the sentence
Small not be executed, provided that during the probationary period
fixed by the court the convicted person does not commit a new crime
of' a similar nature, or a not lees serious crime.
A probationary period of from one to five yeare is fixed by the
court.
In the event of a conditional conviction o extra penalties may
be eesignedl with the exceetion of e fine.
1Taking into account the cie m th
cuetances of e ceeet the character
of the ea-evicted person, and petitions filed by social organizatione
or by the collective of workers, employees, or kolkhoz farmers at the
place of employment of the convicted person, the court may make such
organizetions or such a collective responsible for the raducation
and reformation of the convicted person.
If the court decides upon conditional conviction in the absence
of the above-mentioned petitions, it may impoae upon a particular
collective of workerel or a Person., with their permieeiou, the
reeponeibility- for surveillance of the conditionally convicted person,
and for doing educational work with him.
At the request of the social organization, or workeve collective
Charged with surveillance of the conditionally convicted person, the
court may reduce the probationary period fixed by the sentence. The
question of reducing the probationary period whall not be raiued until
after the exeiration of at least one-half of such period.
The court and the higher prosecutor are responsible for keeping
account of conditionally convicted person and for exercising general
control over their behavior.
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Article 45. Assigning punishment to a on pern
when he has wmmitted Laother crime.
In the event of the commission, by a conditionally convicted
person, of another crime of like nature, or of a no less serious crime
during the nrobationary period, the court shall assign punishment
in accordance with th3 pro7isione'ot Article 41 cf the prevent Code.
Article 46. Deferring execution of sentence, in time of war, upon
a perspn in military service or subject to military service.
In time of war the execution of e sentence involving deprivation
of freedom pronounced with respect to a person In military service, or
a person subject to mobilization or being called up for service, may
be deferred by the court until the termination of hostilities, and.
the convicted person may be put on active service. In ;7;lich cases the
court uay also defer execution of supplementary sentences.
If the convicted person put on active service shows himself to
be a staunCh defender of the socialist motherland the court may, at
the request of the appropriate military command, suspend sentence or
substitute another and less severe sentence.
In the event that the person with respect to whom exseution of
sentence was deferred, cummits another crime, the court shall add
the previously assigned sentence to the new one in accordance with
the provisions of Article 41 of the present Coda.
Article 47. Deducting pre-trial confinement time.
When sentencing a person to deprivation of freedom or tvansfer
a disciplinary battalion, the court deducts pre-trial confinement
noel one day of Waich is taken as equivalent to one day of sentence
ime. When sentencing a person to corrective labor, exile, or
banishment, one day of confinement time is taken as equivalent to
three days of sentence time.
In assigning other Measures of punishment the court, taking
pre-trial confinement time into account, may either mitigate the
punishment assigned or fully exempt the convicted person. :Cram
serving a sentence, vhichever is appropriste,
Article 48. The period of limitation for initiating criminal .
prosecution.
1
A person may not be criminally prosecuted if, since the time
commission of the crime, the following periods have run:
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1) one year since the time of commiesion of any of the
crimes specified in articles 94,- 96 (first part), 97, 112 (second
part), 131,? 143, 158 (first part), 165, 166, 182, 1920 197, 198, 200,
207, and 209;
2) three yearseince,the time of: commission of a crime
punishable, in accordance with the present Code, by deprivation of
freedom for a period not to exceed two Years or by a penalty not
involving deprivation of freedom, except for the crimes specified in
the articles enlimerated in the first paragraph;
3) five years since the time of commission of a crime
punishable, in accordance with the present Code, by deprivation of
freedom for a period not. to exeeed five years;
4) ten years Since the time of commission of .a crime
punishable, in accordance with the present Code, by a more severe
penalke than deprivation of freedom for a period of five years..
The period of limitation is broken if, prior to the expiration
of the above-mentioned periods, the person committe another crime
punishable, in accordance with the present Code, by deprivation of
freedom for e period of more than two years. In this case the
period of limitation is considered to begin at the time of commission
of the new crime.
The period of limitation is broken if the person yho has commit e
the crime conceals himself from the inveetigation or the court.
In such cases the period of limitation ie computed from the moment
the person is arrested or surrenders himself in order to confess.
In eueh a case the person shall not be criminally prosecuted if
five years have elapsed since the time of oommitting the crime, and
if the period of limitation was not broken by the commission of
another crime. -
The question as to applying a period of limitation to a pers.=
who has committed a crime punishable by death according to law,
shall be decided by the court. If the court considers that it is
not feasible to apply the period of limitation, the death sentence
shall not be imposed but shall be replaced by deprivation of freedom.
Article 49. The period of limitation for executing an inculpatory
sentence.
An incelpatory sentence shall not be executed if it was not
executed within the following periods of time, counting from the
day the sentence entered into legal force:
1) three years -- when a person is sentenced to deprivation
of freedom for a period not to exceed two years, or to punithment
t involving a deprivation of freedom;
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[2) five years -- when a Imwson IF sentenced to derivation.
of freedom for a period not to citceed five years;
3) ten years -- when a person is etntenced. to a more severe
vanishment than deprivation of freedom for a-period of five years.
. ..
The period. of limitation is broken if the convic.ted person
' avoids serving the sentence or cOmmits,prior to the expiration of the
period, another crime for which_the court has assigned punishment in
the form of deprivation of freedom for aTeriod not less than one year
., or exile or banishment for ?a. period of not less than three years.
In the event of the commission of another crime the period of limita-
tion is counted from the time of its commission. In the event of
avcidln?he serving of a. sentence it is counted from the time the
parson surrenders himself- in order to serve sentence, or from tic time
cf arrest of a convicted person who has oDncealed himself. In this
case an inculpatory sentence shall not be put into execotion if
five years have eippeed since the time of its pronouncement, and if
the period of limitation was not broken by the commission of another
crime.
The question of applying the period of limitation to a person
ho has been sentenced to desth is decided by the court. If the:
court does not consider f.t feasible to apply the period of limitation,
the death penalty Shall be replaced b:T deprivation of freedom.
Article 50. Exemption from criminal liability and f.unisent
A perbon who has comlitted a crime :my he exempted from
Lity itis acknowledged that, by the time of the
anvehtigation or the trial, as a result of a change in the situation,
the act committed by the guilty party has lost its character of
Ong socially dangerous or that the person has ceased to be
socially dangerous.
A. person Who has committed c). crime may be exempted from ounishment
if it is acknowledged that by reasons of his subsequent irreproachable
behavior and honorable attitude toward labor, the pemon may not,
by the time of the trial, be considered socially dangerous,
Article 51. Exetption from criminal liability and the transfer of
the case to a comrades court.
A person may be exempted from criminal liability end punie-ent,
arid the case transferred for hearing by a comrades' court, if be
committed any of the following acts,specified by the 6,7Ecjal fart of
the precert Code, as a first offence;
1) the premeditated infliction of slight bodily injury, or
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batte ce
ry, not rulting tn a dieturbance of heelen (Arteele eie,
Eecond part); tho spreeding, in a collective, of false rumors
defeming 2 mer of the cole.ective (Article 130, first part);
contumely (Article 131);
2) any other act with reepect tc which, puveufae te an
article in the epeciel Part of the present Code, the epplicttien of
measures of eoelel action is permitted;
3) any other mlnor felony if? 14 reason of the chexacter
of the act commiteed and the character of the guilty party, he een
be refermed withcut the application of puniehe,ent, employing meaeures
of SOCia action.
txtiele 52. Exem+tion from criminal liability sed traneferreg the
,uilty party to the auetoc:y of guerantore.
If by reaaon of the oiroemstencee of the cese the crime ehich
haE been committed by the person in queution, and the pern himself,
do not re:Iresent t great sociel &Anger, and if the ect of the guilty
party did not result in serious cueeeeuences and he himself ha.
evidenced Ed:v.:ere contrition, such person mey, at the reeueet of 8
eociel ori;anizeticn or collective of workere, be exempted from
criminal liability end punisnment end releaoad on suret-j br re4duca-
tion end reformation to the eociel or6enization or colletive of
womere which filed the petition.
A person previously cenvicted of a premeditetee creme, or a
. ersen previouely released on eurety, shall not be relebeed on surety.
In like manner, -a person who noes not acknowledge his guilt, or
who :or some other eeasons insists that his cbee be tried, all not
be released on surety. -
If a persor. who ha e been released on surety, in the coir ee of
one yoar, hae not juetifielkhe truet of the collective, ha e violated
his promise to demonstrate his reformation by exemplary behavior and
honest labor, has failed to respect the norm* of eocialiet communal
living, or ha e left the labor collective in order to avoid social
action, the Eociel organization or eoekerel collective which provided
surety for him shall issue a decieion refusing surety and. shall
transmit tuch decision to a prosecutor er court for coneideretion of
the question of the. criminal proeecuticn of the guilt:y party for the
crime with reEpect to whose commission he was released on surety.
Article 53. Cenditicual pre-term releaee from punishment, end the
aubotitution of a lese severe- Eentence.
If a person sentenced to deprivation of freedoei, corrective. labor,
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exile, banishment, or transfer to a disciplinary battalion
strutas the fact of his reformation by exemplery behavior and an
honorable attitude towurd labor, the coUrt may, after he has actually
erved no less than one-half of the sentenee assigned, order his
vaticnai pre-tern. release fro ent ure 1.stibetltotin of
ce
ver e penalty for the unsved portion of.' tte sentence,
Is. case tba convicted pers6a may also be releae from extro
ia the form of exile, banishment, or decTivation of the right to
cuy certain positions or to enze6e in-a particular :.,otivity.
CondAtioneI ;re-tern relase and. the tubstitutian of
severe penalty for the unserved portion of the sentence may be
loplied, after the factual serving of no less than two-thirds of
re entence imposed by the oourt, in the case of persons convicted
especially dangerous crimes agEinst the state (rtioles- 64.43),
'Atry (Article 77), disturbances (Article 79), damag,ing
cays and means of communication and tramporUtion facilities
le 96), the manufecture or sole of counterfeit coins or
.cwrrency (Article. 87), the theft of stete or ijIblic property in
amounts (Article 89, third per ;:o:ticle 90, third parti
, third pt i Article 93, third part), robbery under
areveting eircumstances (Article C'), voild parts Article 145,
- d part), assault AlUn intent to rob (ertioies 91 and 146),
premeditated destruction or dafliuging GI: state or public property,
r the personal property of citizeue, nader egTcaveting cA.r.stance
'ATticle 98, seeplad pert; Article. 149, :iecond part), preirediated
doide (articles 102 and 103), the preneditated inflictn of
serio.r.i's bodily injury (Artic15 10g), mpe. under rigraltating circum-
stnues (Article 117, parts to and three), the eXC8iT exercie of
thcrity or official powers under eggn:Neting circumstLnce6(Article
J.? i.,eJeond part), the taking of a bribe under aggravetin ciroux-
stances (Art:Icle 173, seoond part), instigating the criminal prosecu-
jon of & person known to be innocent (Artif.7.1e 1760 second :part,
g s. clearly unjust Eentence, decision, orer, or rvliAq;
- in. seckus consequences (Article 177, second part),
ing teatimony by mens of coercion under aggravotir circuw-
stanc - (Article 179, pocond part), malicious hool:n1. (ArLIcle
:2.06s second pert), insubordination (t,rtic)c 238, items O
resisting a superior o,Lieiing him to violate afficilA o?ition
(rticie 240, items h ac), using force with respect ter a superior
(1;rtic1e 242).
The same provision apliea to persons previously con7icted of
rty of the above-anumerated crimes who have. subsequently bei:a.
wavicted of theft under agraveting Arcumetances (irtiole 89,
ecoad part; Article. 144, second 1:aut) (Ind to persna previously
victed of theft comrAitted under aEgravatin6 circumstances and
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ubesqueetly convictec again of aggravated th.ft.
Conditional pre-term relase an tae eubetitution of a less
zevere penalty for the unserved portion of a sentence shall not
be applied in the case of dangerous recidiviets,
4then grentin3 conditional pre-torm release the court may imioae
upon e particular pereen or collective of workers, with their agree-
vent, reeponsibility for eurveillance of the conditionally released
person and for doing educational work with him Thr the duration of
the unserved portion of the sentence.
Article 54. Aesigning punishment for the cemmiseion of another
rime by a person granted conditional pre-term release.
If, in the course of the unserved portion of the senLeece, a
person who has been granted conditional pre-term reLeaee commiL.s
another crime of similar nature, or a crime which 18 no less eerioue,
the court shale impose sentence in accordance with the provisions
of Article 41 of the present Code. In this case the court shell
add to the baeic penalty the additional penalty aesigned in the first
sentence.
Petiole 55. Exemption from puniShment and the substitution of a
less severe penalty in the case of persons who have committed
a crime before reaChing the age of 18 years.
If a person sentenced to deprivetion of freedom or corrective
labor for a crime committed before he had reached the age of 18. years
ban demonstrated -the fact of his reformation by exemplery behavior
md an honorable attitude toward labor, the court may, after no
lees than one-third of the sentence has actually been served, aeply
one of the Deiloeing to him:
I) conditional pre-term release from punieheent, if the .
liberation from punishment is applied when ths convicted person
reaches the age of 18 years; or
2 ) pre-Aorrn release from punishment, if the release from
punishment is applied prior to the 18th birthday of the yonvicted
person; or
3) subetitution of a less severe penalty for that portion,
of the sentence not yet served.
Article 56. Suspenzion of sentence.
Sespeneion Of sentence, or mitigation Of sentence, exce.:t for
suepension or mitigation of sentence by way of amnesty or pardon,
shall be applied only by the court in those cases,. and under that
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procedure, prescribed by law.
Article 57. Cancellation of conviction..
The following hell be considered as having no record of
conviction:
1) persons released from punishment under articles 49 and
50 of the present Code;
2) persona who have served a sentence in a dieciplinery
battalion or who have been prematurely releae:d from sec:e, and
military personali who have served a sentence in the form of detention
in a guardhouse in lieu of corrective labor;
3) persons conditionally convicted, provided they do not
commit another crime during the period of probation;
4) persons sentenced to public censure, the impoeiticn of
n obligation to make reetitution for damage done, removae from
position, a fine, deprivation of the right to occupy cerLein positions
or to engage in a particular activity, or ?to corrective labor,
provided that in the course of one year from the time the sentence
was served they have not committed another crime;
5) persons sentenced to deneivation of freedom for a period
of not more than three years, to exile, or to banLehment, provioed
that in the course of three years from the time the oentence was
served (both the basic and extra penalty) they have not committed
another crime;
6) persons sentenced to deprivation of freedom for a period
of more tam three years but not to exceed six years, provided that
in the course of five years from the time the sentence was served
(both the basic and extra penalty) they have not committed another
crime;
7) persons sentenced to deprivation of freedom for a period
of more than six years but not to exceed ten years, provide that
1 the course of eight years from the time the sentence was served
both the basic and the extra penalty) they have not committed another
rl me;
8) persons sentenced to deprivation of freedom for a period
of more then ten years, provided that in the course of eight Oonre
from the time the it nce was served (both the basic end the extra
)enalty) they have not committed another crime, and proviced? further,
that the court shall have established the fact that the eonvicted
person has reformed himself and that there is no necessity for
onsidering him to have had a cenvictionin
If a person sentenced to deprivation of freedom has, after
erring his sentence, demonstrated the fact of his reformetion by
is exemplary behavior end honorable attitude toward labor, the
eurt may, at the request of a social organization, cancel his
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weimmap.1?01
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..2.....el.*?[.....**?...ar?dankpAlrea*lo,..1?40.11,41.4.0?Wia?
conviction prior to the exeiration of the period specified in the
present article.
If the sentence assigned by judgment -of the court has been
reduced or replaced by a less severe penalty by virtue of an act of
amnesty or pardon, or by the applitation of conditional pre-term
release or pre-term release, the: period for cancellation of conviction
is computed on the basis, of the Amount of the sentence acteally served
If the senteace hes been replaced by a less severe penalty, the
time actually served is computed in accordance with the provelons of
Aeticle 47 of the present Code.
.The period for cancellation of a eonvietion is computed from
the day of wmpletion of tee serving of a sentence, or the day of
releese from sentence.
Chapter Six
? Concerning Compulsory Meaeures of o Medical and
Educetienal Character
Article 58. The application of compulsory measures o?'a medical
character to mentally ill pereons.
In the case of persons who have committed aocially dangerous -
acts thile in a state of irresponsibility, or who have committed
such acts while in a state of responsibility, but whc prior to
_passing of sentence or while serving sentence have, contracted a _ ?
mental illness depriving thou of the possibility of realizing the
significance- of their acts, or dr controlling them, the court may
apply the following, -compulsory measures of a medical charenter;
1) placement in a psychiatric hospital of the general type;
2) placement in a psychiatric hospital of the special type.
Article 59. Placement in a psychiatric hoepital.
Compulsory treatment in a psychiatric hospital of the general
type may be applied by the court with respect to a mentally ill
person who by reason of his mental state and the character of the
socially dangerous act he has oemmitted, requires hoepitalizetten
and treatment under compulsory conddtions.
Placement in a psychiatric hoepital of the specie:1 type may be
designated by the court with respect to a mentally ill person
who, by reason of his mental state and the character of the socially
*.naorygrow
.01Moorsomme...
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erou act he has cammitted, represents a opecial (Jaeger to society.
Persons placed iu a psychiatric hoapital of the special type
are kept under close observation excluding the poseibility of their
omtitting Lowther socially dangeroue acte
Article 604 Ordering, changing, end dIscontinuing the applieeation
of compulsory measuree of a medica.1 character to mentally ill pervons.
The court, When it ha a found it eeceasary to order a compuleory
aaure of aetedical character, selects such measure in accordance
th the mental illnese of the person, and the character and degree
-of seeeal danger of the act he has oommitted.
Diecantinuation'of the application of compuleory measures of a?
medical character is effected by the court in accordance with the
vonclueion of a medical institution in the event of the recovery
of the person In question or a change in the character of his 11..L.
?iless such that it is no longer 'necessary to employ euch measures.
Changes in the type of compulsory measure of a medical character
re aleo effected by the court in accordance with the concluvion of
-he medical institution.
If the court does net consider it neceseary to appy compulsory
meesuree of a medical character to a nentally ill pereon, and alco
in the event of the diecontinuation of employment of such measures,
the court may release him to the custody of hie parents or foater
parents, in which case medical obeervatioe is mandatory.
Article 61. Making allowance for the time of application of cum-
puleory measnres of a medical character.
A person who after committing a crime or during the serving of
sentence has contracted a mental ilInees depriving him of the
sibillty of realizing the aignificance of hie actione, or of
controlling them, may, after his recovery, be assigued a penalty by
the court, provided the period of limitation has not rnn, anc: provided
there ere no other grounds for exempting him from oriminal
and punishment.
If punishment is asaigned to such a pereon after his recovery,
the time during which compulsory measures of a medical cheracter were
applied shall be taken into account in the period of the sentence.
Article 52. The application of compuleory measures of a medical
character to alcoholics and drug addicts, or the establishment of
urveillance over tnem.
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In the event of the commissic,n of a cril by em alc.!1_f.; or
a drug addict the court, at the petition of a social orgsaizatien,
collective of w)rkers, comrades' ocurt? or organ of public healthl may
in addition to the penalty for the crime committed, apply compulsory
teeatment to such a persoa
Persons of the above type who have been sebtenaod to resive
punishment of a type not involving deprivation of freedom sroll
Ibe given comOulsory treatment at medical institutions wit; pecial
tIterapsutic and wnrt regiven.
If such persons aro sentenced to deprtvation of freedom, they
shall be given compulsory treatment while serving sento-ace; and
after their release from the place of confinement such treatment
Shall, where necessary, be continued at medical. institutions with
e. spec:Lai therapeutic end work regimen. -
Discontinuation of compulsory treatment is effected by the court
at tho suggestion of the medical institution in. '.kthich the person.
has been placed for treatment.
In the event of the commission of a crime by a' person. 4h0
abuses alcoholic beverages, and Aho as a reolt has plced 1.11s faMily
in a difficult materiel position, the court, in addition to assigning
purishment for the crime committed, v,then such punishment. does not
involve deprivation of freadom, anail have the right, at the petition
of a social orjaaization, collective of .workars, or comradasi court,
to establinn surveillance over such person.
Article 63. The application of compulsory measures of an educational
charnoter to minors.
.If tie court, 1)ursuant to the third part of ilrticie 10 of .the
present Code, deeme it desirable not to assign criminal punishment
to a minor has comMitted a crime, it 2-,ay ord_er the following
copulsory measur,6s of an educatLonal &taraoterl
1) imposition of tne obligation. to. make an a,)y to the
injured oarty, either in public or in another form determined by the
court
2 ) iwuence of a reprimand or a strict redrimand;
'3) warning;
4) iivosition upon a mi:.or Mao has reached tiv) ne of 15
years of an obligation to zake rest:dtution for camage dcne, ,Drovided
the mthor Jossesses his own scurce of inc)me and that th,1 damage
does not exceed :40 rubles in extent, or imposition of an obligetion
to eliminate, by his ovn labor, &image not In excess of 200 rubles;
when tne damage 63,.ceecis 200 ruble, reatitutioo shil be mre by voly
L.
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0161.1h0,1*???....,,w9Y/S..4,1
rr ..'.. 1,.'.,...
ofci;if droce ;
dure - .
5) r As eleasing t minor to the strict oastouy of his
paronts or to persons 'acting ?ln loco_p_a.reat4;
6) releasing the miao ,.
for .urtsoses of survelliance, to
a collective of workers ,r to a sociU organization, rith their agree-
ment, or to individual citizens at their reuest;
7) placelent in a si,eciz1.1 educational or taer9eutic 6,nd
educztional lustitutIon for children and adolescents;
8) transfer of the minor t., an educfitionai zolony for minors
'fhe periods, procedure, and eoaditions for..c.ei,ping minors in
atice;Aional colonies and special therapeutic and edniktional lai,titu-
tions ars governed by the Decree on Commissions for iinors.
SPECIAL PART
ehapter One
Crimes against the State
. ag!inst thq_statet.
A leis 64. Treason
a) Treason; that is, an act intentionally commit!ed 14 a
citizen of the USSR Which is damainr; to trae state independence,
territorial invio_Lubility, or military power of the USSR: defection
to the enemy, espionage, ccmmunicating e state or military secr9t
to a foreign stc,te, flight to a foreign country or refusal to rturn
from a foreign co intiv to the UR, assisting a foreign country in
carrying on hostile activity against the 11&,R, or plotting lkith a
view to seizing power --
shall be punishable by de.:,rivLition of freedom for a period
of from ten to 15 years, with confiscation of property, or ue.Ath?
'aith nfiscation of property.
b) Citizens of the USSR who have been recruited by a foreign
..ntelligence network to carry on hostile activity against the 1.383a
shall not .be subject to criminal liability, provided they committed
lo acts in the execution of the criminal task assigned to them, ?Ind
prwrided they voluntarily reported tbeir connection with th.5 foreign
intelligence network to organs of the government.
'ticle 65. Espionage
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??????????
The communication, or the theft or collection with a iri.q to
txansmission to a foreign. state, foreign organization, or- their
agents, of information conetituting a state or military secret, or
the.communication or walecti..)n, in.accordence witn instructions from
a foreign intelligence network, of Other information tO i.,il 12.cd lh
a. manner prejuaicial to the interost Of the 02A ?.if the esiona:2,-e
vas cominitted by a foreign natIonalor.a stateless 'person --
.shall be punishable by de2rivtlon of freedom for a.. period
of fro zz Seven to 15 years, with. conf7U,4cation of property, or death,
1 pith (n.nfiscation. of prIverty.
'1
Lrticae 66. Act 5 of terrorism
The murder of a state or puhltc official or represenL6tiva of
the government comatted in connection with his state or public
t activUu with the aim of overthrowing or weakening t.ne Soviet
state ?
shall be punishable by deprivation of freedom for a period
, of from ten to 15 years, with confiscation of property., or death,
Lwith confiscation of property.
The infliction of serious bodily injury, for the same purposes,
, upon a state or public official or representative of the vvernment
lir. nonnection Alth his state or public activity --
' shall be punishable by doi.)rivation of freed ot :Cr K period
1
of from eight to 15 years, with confiscation of property.
!jArticle 67. Acts of terrorism against the representative of a foreign
state.
The murder of a representative of -a foreign state with the
;purpose of provoking war or international complications
shall be punishable by depr?!,vation of freedom for a period
(-.;f from ten toa.-5 years, with oonfisation of property, dr death,
,! with confiscation of property.
The infliction of serious bodily injury
for the same purpose --
shall be_punisnable by Us,?rivation.
of from eight to 15 years, it confiscation
Jcie 68, Sabotage
The destruction or damaging by
of enterprises, installations, ways
communications facilities, or other
carrying out of M4ES poisonings, or
? 32
upon the 2ame persons
of freedom for a period
of property.
expiosion, arson, or other means
and means of communication,
fAate or public property, the
the spreading of epidemics and
1???*,
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epizocties with a view to wef4ening the Soviet etete.--
shall be -punishable by deprivation of freedom fpr a. period
of from eight to 15 years, with confieeation of property, or. death,
with confiecation of property..
Article 69. Wrecking
AA act of cemmiesion or omission aimed at underminine industry,
transportatiOn, egriculture, the monetary eyetem, trade, or other
branches of the national economy, or the activity of state oreane or
phial organizations for the purpose of weakening the Soviet etete,
provided euch act was committed by means of utilizing state or
public institutions, enterprises, or organizatione, cr by meane of
obstructing their normal Danctioning --
shall be punishable by deprivation of freedom for a period
of from eight to 15 years, with confiscation of property.
Article 70. Anti?Soviet agitation and propaganda
Agitation or propaganda carried on with the purpose of undermine
ing or weakening the Soviet state, or the oemaiseion of individual
crimes against the state which are eepecielly dangerous, or the
dissemination oe libeloue fabrications defaming the Soviet govern?
mentel and secial system, or the dissemination or production or
keeping of literature of similar content for the same purpoees --
dhall be punishable by leerivatlon of freedom for e period
of ft em Ki7 months to meal years, or seeile for a period of from two
to eive years.
The same acts cemmitted by a person previeealy convieted. of
eseecially dangerous crimes against the sta'es, or committed during
time of war --
shall be punishable by deprivatlen of freedom for a period
of free three to ten years.
Article 71. The propagandizing of war
The Propagandizing of war, irrespective of the form in which it
is carried on --
Shall be paniehable by deprivation of freedom for a period
of from three be eight years.
Article 7,.2. Organizational activity aimed at he commieeion of
especially dengeraus crimes against the state and memberehip in
an enti?Soviet organization,
Organizational activity aimed at the preparation or commissioii.
of especially dangerous crimes againtt the state, at the creation of
? anam...........????????????.?ear*.nm 74.0.?.......Nrema. *M.
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err -67.iaaamx]w-siarli-irs- its puri7,574i?iiL7-3.1ii"C7i7T-'2?i-XCh -Cri;;;;;---
1.---
and in like manner, membership in an entieboviet organization --
shall be punishable in accordance with articles 64,71 of
the present Code.
Areicie 73. Lspecially dangeroua crimes against the state committed
against another workers' state
By virtue of the internatioeal solidetity? among the workers,
especially dangerous crimes against the state committed against
another workers' state ?
shall be punishable in accordance with artieles 64-72
of the present Code.
lee0ther criees egeineet theeetete.
Article 74. Violation of national and racial equality
P ropaganda or agitation for the purpose of inciting racial or
national enmity or discord, or the direct or indirect restriction of
rights, or the establishment of direct or indirect advantagee of
citizens in accordance with the race or nationality to Welch they
belong --
shall be punishable by deprivation of freedom for a period
of from six months to three years, or exile for a period of from two
te five years.
Article 75. DisClosure of state secrets
The disclosure of information constieuting a state eecret
by a person to whom such information was entrusted, or to whom it.
became known in connection with his employment or work, in the
absence of ingicia of treason or espionage --
shall be punishable by deprivation of freedom for a period
of feom two to five years.
The same act, if it has reoelted in serious consequ&cei --
shall be eunithable by deprivation of freedom for a period
of from five to eight years.
Article 76. The loss of documents containing state secrets
The loss of documents containing state secrets, or of objects -
information concerning which constitutes a state secret, by a person
to whom such ere entrusted, provided the loss was the result of
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a v-iolation of taw esta.b1i shed regulations .for handling -E7-4-4 ----
do co ment e or obj ect s
be punishable by deprivation o:C freedom for a period
of from one year. to three years.
The same act, if it resulted in serious donsequencee --
shall be punishable. by. deprivation of freedom for a period
of from three to eighl years.
Article 77. Banditry
The organization of armed bands with the purpose of attacking
tate or public inetitotions or enterprises or individual persons,
and in like manner,participation in such bands and in the attacks
cerried out by them --
shall be punishable by deprivation of freedom for a period
of from three to 15 years, with confiscation of property, or death,
with confiecation?of property.
Artiale 78, Smuggling
Smuggling; that i, the illegal transportation of goods or
othar things of value across the state boundary of the U&SR. with
conceatm4nt of the objects in special containers, or with the
fraUdUleat 1150 of customs and other documents, or in large amount,
or by a group of persons orgsnized for the purpose of engeging in
smuggling, or by an official ma*ing use of hi o official position,
and in like manner the smuggling of explosives, narcotic, strong
and poisonous substances, weapons, and military equipmeot ?
Stall be punishable by deprivation of freedom for a period
of ?om throe to ten years, with confiscation of property.
Article 79. 4ass disturbances
? The organiz tion of mass disturbances accompanied by pogroms,
destruction, arson, and other actin e of a similar nature, and in
like manner the direct commission of such crimes by participonts in
them, or the offering of armed resistance to authority by euoh
persons --
Shall be punishable by deprivetion of freedom for o. period
of from two to.15 years.
Article 80. The avoidance of regular eummone to active military
eeovice
The avoidance of a regular summons to active military service --
dhail be punishable by deprivation of freedom for a period
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.4.4.W.Wermirm
, ee
from one to three years.
?
The same act, cemmitted by means of the self-infliction of
bodily ieetury or by mesee of simulating illness, by means of forging
dooemente? or by meaas of other freude or the oeto at coMeitted
under aggravating circumeteneee . .
Shall be punieheable by deprivation of freedoe for a period
f frum one year to five years.
Article 81. Avoidance of eumeone for mobilization
The avoidance of sammons.for mobilization in the ranks of the
armed forces of the USSR --
shall be punishable by deprivation of freedom for a period
of frem three to ten years.
The same act, or avoidance of subsequent draft orders to
build up the armed forces of the USSR, committed during time of war --
shell be punishable by deprivation of freedom for a period
of from five to ten years, or death.
Article 82. Avoidance of the felfillment of obligations or the
payment of taxes in time of war
The avoidance, in time of war, of leber mobilization, or of
he felfillment of other obligations, and in like manner of the pay-
et of taxes --
shall be punishable by deprivation of freedom for a period
of from one to five years, or by corrective labor for a period of
rem six months ts one year.
Article 83. Illegal departure from, and illegae entry into, the USER
Departure from, or entry into, the USSR, or crossing the
border,witheut a regular passport or the permission of the appropriate
authorities --
shall be punishable by deprivation of freedom for a period
of frem one to three yeara.
The?farce of the present article Shall not apply to case& of
the arrival in the USSR of foreign eetionals lacking a regular
passportsor permission, or purposes of taking advantages of the
right of sanctuary guaranteed by the Constitution of the U3334
Article 84. Violation of the regulations governing international
flights
Onal?ft
36
0.,110400?11110.1.1.
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[Flight into the t4.,sa or out of tho L KitholAt prper
th
auorization) failure to observe the routes, flight altitudes, and
Landing field approaches indicated in the authorization, or other
violation of Lhe regulations govorniag iAternatIonal fligats --
shall be )uni&able by deprivation of freedom for a per
of from ono to ten years, or a fine in theamout of not more tLirr.
10,030 rubies, with confiscation of the aircraft, or with wu(i,
confiscation.
Article 85. Violation of the regulationa for thn safe ;oven
operatuon of transportation fac1ities
The violation, by an employee of the railroad, water, or air
triineportation system, of the regulations for the safe movement and
ziration of transportation facilities resulting in accidents
involving human beings, a wreck) dama,ze, OT other serious consequence
end in like manner improper repair of transportation faciiities,
tracks, and signalling and communications equipment resulting in
the same consequences --
shall be punishable by deprivation of freedom for a period
of from three to 15 years.
.41
The same acts, if they have not resulted in the ae co equence
bu have cier1y created a threat of the occurrence of such
o:insequences --
shall be )1xlishab1e by doprivation of freedom for a period
of from one to three years, or by corrective labor for period not
to ezceed one year.
A.. tide 68. Damaging ways
:i faiiiti
and means of communication and transports?
The intentional destruction or damagiaq of 14;:lysa of
inztallations thereon, rolling stock or ships, Lnet
cowunications equipment resiting in, of wnikh rigit
vo resulted in, the wrecK of a train, damage to a shil!, or
erfarence with the normal functiohing of transporteltion end
comAunichtions --
shall be punishable by dwprivation of freaom
of from three to 15 years.
rIo
Article 87. The making or passing . of counterfeit coins or currency
The manufacture for the purpose of passing,. or in like manner
the passing, of counterfeit state treasury notes, the currency of
the State Bank USSR, metallic monies state securities, or foreign
'ency
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RA.
shall be punishable by deprivation of freedom for a period
of from three to 15 years, with confiscation of property.
Article 88. Violation of the -regulations governing currency operation
Violation of the regulations governing currency operations, and
In like manner speculation in currency or securities
shall be punishable by deprivation of freedr w. for a. period
of from throe to sight years, with confiscation of the currency and -
securities,
Chapter Two
Crimeo against Socialist Property
Article 89. The appropriation of state or public property by means
of theft
The concealed appropriation of state or public property (theft)-,-
shall be punishable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period not to
exceed one year.
Theft when committed as a second offense, or in a_roordauce with
prearranged agreement by a gropp of persons, or when technical means
are employed --
dooll be punishable by deprivation of freedom for a period
not to exceed six years.
Theft when ?omitted by an especial.y dangerous recidivlat, or
In large amounts --
shall be punishable by deprivation of freedom for a period
of from five to 15 years, with or without confiscation of property.
Note. A second offense in the meaning of articles 39, 900 920
and 93 is a crime committed by a person who has oreviously committed
aoy of tho crimes specified in these articles, or in articles 77, 91,
or 144-147 of the present Code.
Article 90. The appropriation of state or public property by means
of robbery
The open appropriation of state or 4:yublio property (robbery), when
committed without the use of violence --
ckhall be punishable by deprivation of freedom for a period
mat to exceed four iearsl, or by porrectivelaborof,OrJ.L.TerkaCizat-ttO?
.
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exceed one year.
Robbery accompanied by violence not: dangerous to life and health
r when mmmitted by prearranged agreement by a. group of persons, or
.as a. second offense --
- shall be punishable by depri ation or freedom not to exceed
seven years.
Fvlbbery When wmmitted by an especially dangeros rectfaviat, or
,in 1131-o amounts --
than. be punidhabla by deprivation of fredom for a period
of from 6ix to 15. years, with or without confiscation of i:xoperty.
Article 91. Assault with intent to appropriate state or
property
Assault with intent to apprapriate state or public .:rorty
WAen accompanied by violence dangerous to the life and hcrAth of
the person assulted, or by, the threat of etvloyln,:: violoace
(armed robbery) --
shall be punithable by dcprivati:m of freedom for a period
f from three to ten years, Alth or viithout confiscation of property.
Ths 6ame acts, if committed;
a) in accordance witn a proarranrzed agreeent by a group
persons;
b) with the use of weapons or other objects utilized &i5.
espons;
c) with infliction of seriok bodily injuries;
d) by an especially dangerous reldivisti
a) by a person. who has previously committed ascault with
ntont to appropriate atat e or public property, or the person!sil
property of citizens, or who has committed banditry; or
f) if such acts wfxe aimed at the appropriation. of state
or public property in large amounts --
shall be puniehetle by derivation of freedom for a period
of fmm six to 15 years, with or without exile, and with or without
confiscation of property.
Article 92.. The appropriation. of state or public property by meatm
of peculation or embezzlement, or by menns of the LbUSe of one's
official position
The peculation of embezzlement of ktete or pubiic :,roperty
'stecl to the guilty party, or the appropriation _rot-
purposes of state or public ,?rorty by means of the abll&e, by a,n
official, of hi E official po5ition
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girdii-birpunishafirri
period not not to exceed four years, or by corrective labor for h. period,
not to exceed one year, or by deprivation of the right to occupy
certain positions or to engage in a particular activity.
The same acts, when committed as e. second. offense or by
plearrangereent by a group -of persons -e
shall be punishable by deprivation of freedom for a period
not to exceed seven years, with deprivation of the right to occupy
certein positions.or to engage in D particular activity, or without
eech deprivation. .
The acts specified in the first or second part of the.present
article, then they have caused. great damage to the state or to a
social organization ---
dnall be punishable by deprivation of freedom for a period
of from six to 15 years, with or without confiscation of property,
and by deprivation of the right to occupy certain positions or to
engage in A particular activity.
Article 93. The appropriation of state or public property by means
of fraud
The appropriation of state or public property by meane of deceit
or the abuse of trust (fraud) --
Nnall be punishable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period not to
exceed one year.
Fraud when committed as a second offense or by prearranged
agreement by a group of persons --
shall be puniShable by deprivation of freedom for a. period
not to exceed six years.
Fraud, When it has caused great damage to the state or to a
ocial organization, or when it has been committed by an especially
dangerous recidivist --
shall be punishable by deprivation of freedom for a period
of from five. to .15 years, with or without confiscation of property
Article 94. The infliction of property damage by means of fraud
or the abuse of trust
The infliction of property damage upon the state or a social
organization by means of fraud or the abuse of trust, in the absence
of indicia of appropriation --
shall be punishable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same period,
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o "Fy dePTIFiff6E?BriliirTral7T6 Ocordpra-rtWIE.pFatano fi)
engage in a particular activity, or by removal from position, or
by application of measures of social action.
Article 95. Extortion of state or public property
Demanding the transfer of state or public property, or of the
right to ame, Under threat of violence to the peraon responsible for
the management or cuetody of sudh property, or violence to his
intimates, or publicizing defamatory information concerning him or
his intimates, or destroying their property (extortion) --
shall be punishable by deprivation of freedom for a, period
not to exceed four years.
Article 96. The petty appropriation of state or public property
The petty appropriation of state or public property by moane
of theft, fraud, peculation, embezzlement, or abuse of official
position,. when committed by a person who has alreedy been subjected
to measures of social action for petty appropriation, or who,
although he has not been eubjected to such measures, has committed
petty appropriation on more than two occasions, or when committed by
a person to whom, by reason of the circumstances of tho case,
measures of social aotion may not be applied
be punishable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same peviod.
Article 97. The appropriation of state or Public. property 'which has
been found, or Welch chanced to be in the possession of the guilty
party
valuable.
The appropriation ofiproperty known to belong to the state, or
to a social organization, ehioh has been found or which chanced to
be in the possession of the guilty party --
shalI be punishable by deprivation of freedom for a period
notto exceed six months, or by corrective labor for a period not
o exceed one year, or by application of measures of social action.
Article 98. The wilful destruction or damaging of state or public
property
The wilful destruction or damaging of state or public property
hall be punishable by corrective labor for a period not
.o exceed one year, or by a fine not to exceed 1,000 rubles, or by
Imposition of an obligation to make restitution for damage done.
The wilful destruction or damaging of state or public, property
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by means of ariontor Other means involving general danger, or which '
esults in the loss of human liveo, or which causes greet damage or
other serious consegeences, and in like manner the wilful destruction
or serious damaging of forests by means ofearsone?
shall be puniehable by deprivation of freedom for a period
not to exceed ten years.
Article 100. tlegligence In the custody of state or eubElic property
Negligence on the part of a person entrusted with the custody
of state or public property with respect to his obligations, which
has resulted in the theft, damaging, or destruction of such property
in large amounts, in the absence of indicia of a crime committed in
the oourse of official duties ?
&Ali be punishable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year, or by public censure.
Article 101. Crimes against the state or public property of other
socialist states
Grimes against the state or public property of other tociaiist
states committed with respect to property located on the territory
of the 'Rgi'St1
? shall be punishable in 'accordance with the articles of the
present chapter.
Chapter Three
Crimes against the Life, Health, Freedom, and Dignity
of the Individual
Article 102. Premeditated homicide under aggraveting circumstancee
Premeditated. homicide; ?
a) for venal motives;
b) for motives of hooliganism;
c) committed in connecticn with the discharge, by the
red party, of his official or public duty;
d) committed with extraordinary harahnees;
e) committed by a method involving danger to the lives of
many persons;
f) with, the purpose of concealing another crime or
facilitating its comm an
ission, or when accompanied by rape;
1___ g) of a woman known to the guilty party to be in a state of '
?-?????.????????? ????????????????? oklaa
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pregnancy;
h) of two or more persona;
i) committed by a person who had previously oemmitted
prens6iteted homicide, except for those homicides specified in
ar6ic1es 104 and 105 of the present Code;
j) committed for motives of vengeance;
k) comeitted by an especially dangerous recidivist --
Meall be punishable by deprivation of freedom for a period
of from eight to 15 years, with or without exile, or by death.
Article 10.3. Premeditated homicide
Premeditated homicide when committed in the absence of those
aggravating etrcumetences specified in Article 102 of the present
code --
Shall be puniehable by deprivation of freedom for a period
not to exceed ten years.
Article 104. Premeditated homicide committed in a state of intense
emotion
Premeditated homicide committed in a state of sudden, intense
motion provoked by vio2ence or gross contumely on the part of the
Injured party, or provoked by other illegal acts of the injured party,
If such acts have resulted, or might have resulted., in serious
consequences for the guilty party, or for his intimates --
shall be pUnideable by deprivation of freedom for a period
not to exceed five years, or by corrective labor for a. period not to
exceed one year.
Article 105. Homicide occurring when the limits of necessary defense
are exceeded
Homicide lemmitted When the limits of neceozary defense are
exceeded. --
Shell be punideable by deprivation of freedom for a period
not to exceed two year a, or by corrective labor for a period not to
exceed one year.
Article 106. Manslaughter
Manslaughter --
. Shell be punishable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period not
to exceed one year.
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Article 107. Incitement to Murder
vor...4.44
The incitement to murder, of a peri in a state' -of material
or other dependence upon the guilty party, or instigation to warder
by meano of hareh treatemat?of the injured party, or reguler end
repeated denigration of his persdnal dignity --
shall be punideableeby deprivation of freedom for r. period
not to exceed five years.
Aeticl.e 108. The premediteted inflietion of serious b dily injury
The premeditated infliction of bodily injury which endengere
life, or ehich causes the loen of vision, hearing, or of any eren,
or the loss by en orgcn of its functien*, or mehtel ilinose, or any
Idisturbence of the health tccompanied by a eermanent leee of 'harking
capacity to the extent of ne lees than one-third, or whicn oeusee
a marriage, or ehich ie manifeeted in the diefiguretion of the
person --
stall be punishable by deprivation of freedom for a period
t to exeeee eieht years.
The eeeme eete, if they have resulted in the death of the injured:
party, or if they poeesseed the character of torture ur torment, or
if they were committed by an especiy dangeroue recidivist --
ehall be punishable by deprieretion of freedom for e period
of from five to l2 year.
Article 109. The premeditated infliction of lees eeriene bodily
injury
. The premeditated infliction of bodily injury whieh does not
endanger life and does not result in those consequences. specified
in Article 108 of the preeont Code, but %hich has caused prolonged
disturbance of health or a coneiderable loes of workine capacity
-
amounting to less than one-third --
shall be puniehable by deerivatien of freed pm for b, period
'not to exceed three years, or by corrective labor for e period not
to exceed one year.
The same Bete, if they poseeseed the character of torture or
torment, or if they ire committed by an especially dengeroue
? recidiviet --
shall be puniehable by deprivation of freedom for e period
of not more than five years-
4...0.1????????
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Article 110. The premeditated infIrCtien ot eerious or leee
serieus bodily injury while in a state of intense emotion
The premeditated infliction of aetious or less serious bodily
injury while in a state of suddea, intense emotion provoked by
violence or greee contumely en the part of the inured party, or
provoked by other illegal act of the injured party, if anchl. acts
have remated, or might have resulted., in serieue consequencea for
e guilty party, or for his intimates --
deall be puniShable by deprivation of freedom for a period
.et to exceed to years, or by coy:active labor. fi a:.)eriod not to
.:ced one year,
Article 111. Serious or lea eerious bodily injury inflicted when
the linits of necessary defense are exceeded
Serioue or less serious bodily injury inflicted by way of
exceeding the limit of neceseary defense
be punishable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same period.
Article 112. The premeditated infliction of slight bodily injnry,or
battery
. The premeditated infliction of bodily injury, or battery, which
results in a temporary diaturbence of health or a Blight but par anent
er woeking capacity --
deall be punishable by deprivation of freedom for e period
ot to exceed one yearpor by corrective labor for tha eare peried.
The same act, if they do not result in the coneequencee
specified in the first part of the present article ?
shell be punishable by deprivetion of freedom for a peried
not to exceed six menthe, or by oorrective labor for the same period,
or by a. fine not to exceed 500 rubles, or by application of measures
of aocia sction.
ArtIcle 113. Torture
Regular and repeated battery, or other acts poeeeesing the
character of torture, if not resulting in the coneequencee epecified
in articles 108 and 109 of the preeent Code --
shell be puniSeable by deprivation of freedom for a period
not to exceed three years.
Article 114. The unintentional infliction of serious or lose serious
bodily injury
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The unintentional infliction of serious bodily injury.
Shall be punishable by deprivation of freedom for vi period
not to exceed t-Ao years, or by correctie-labor for & period not to i
exceed one year. -.?
The unintentional infliction of less serious bodiiy injtAry
shell be ,Anlishable by correct/we labor for a period
not to exceed one year, or by public cens.ure,
Article 115. The communication of s v.lereal disease
The communication tQ another person of a vouereal disease by
, person who knows that he himself hea such a disec:se --
shall be punithable by deprivation of freedom for a period
net to exceed three yec,ro, or by corrective labor for a period not to
exceed one yeer.
ArtIcie 116. IlieFal abortion
The illegal causil4I of an .cbortion by a pllytAcdn --
shall be 0.iniShable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same period, -
or by deprivation of the eight to engage in medical pra:Aloe.
The causing of an abortion by a roion who
higbar medical education ?
&bail be punishable by deorivation of
not to exceed two years, or by corrective ibbor
exceed one year.
The acts specified in the first and second parts of the present
article, when committed repeatedly or when they have mx.tted in
the death of the injured party or in other seriolls cons ,L,enca,s, --
011 be punidiable by deprivation of freedom 1::,c s per!od
t to exceed eight years.
dozi not have a
freedom for a period
for a period not to
Articl
117. Rape
Rape; that is, sexual relations involving the use of phycal
force, or P threat, or taking advantage c.f the helples state of the,
injured party --
shell be puniShable by deprivation of freedom for .period
of from three to seven years.
Rape when accompanied by the threat of murder, or the infliction.
of serious bodily injury, or when committed by e group of persons.,
or by a person who has previously committed nape --
-."--"""- 14
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Ti be puniShable by deprivation of rWe-Em r
f from five to ten years.
Rape whigl cplimitted. by an especially dangerou idIv1t or
lit has resulted In especially serious consequences, and. like
the rape ()fa minor --
shall I* punlebable by deprivation of freedom for a period
from seven to /5 yeare?'with or without exile.
rticle 118. erclon of a woman-into e I intercour.,
The coercion of a woman into sexual intercourse, or Into the
t faction of sexual desire in another form, by a person with
to whom the woman is in a state of material or occupational
sp.ndence --
shall be punishable by deprivation of fredojz for a period
to exceed three years.
Article 119. Sexaal relations with a pron who has not reached
puberty
Sexual relations-with a perenl who has net reached puberty ?
than be punishable by deprivation of freedom for e period
exceed three years.
. acte When accompanied by the satisfaction of sexual
ir In perverted forms --
shall be punialable by deprivation of freedom for a period
xeeed. six years.
Article 20. Acts of pc rsion
Acts of perversion with respect to minors --
shall be punishable by deprivation of freedom fOr a period
exceed three years.
Ide /21. Pederasty.
Sexual relations between men derasty) --
Shall be punishable by deprivation of
not to exceed five years.
for a period
Pederasty when committed with phys cal violence, a threat, or
with respect to a minor, or when ting advantage of the de.?)endent
position of the injured party --
Shall be punlehable by deprivation of freedom for riod
not to exceed eight years.
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.msamwoor wow**. Wweeiv...mawd
-1
Article 122. Wilful evasion of peemente for th upport or
maintenance of children
The wilful evesion?on the pert of parents, of payments ordered
by a court for the maintenance of minor children, or -the maintenance
of dependent ;Children Who, although not minore, ere .not able to work
dean be punishable by deprivation -of freedem for a period
not to exceed one year, or exile for a period not to exceed three
year sp or corrective labor for a period not to exceed one year.'
Article 123. Wilful failure to provide assistance to parents
The wilful failure to make payments for the support of .
parents Who are unable to work, as ordered by a court --
ehall be punishable by corrective laber for a period not
to exceed one year, or by public censure, or by epplication of
measuree of social action.
Article 124. Abuse of the obliations of guardianship
The use of guardians:hip for venal purposes, or the failure to
provide tropervision and requisite care for wars --
gnall be puniehable by deprivation of freedom for a period
not to exceed two yeare, or by corrective labor for a period not to
exceed one year.
Article 125. Abduction or ,elabetitution of child'
The abduction of a child belonging to others, or the subetitu-
tion of a Child, committed for venal purposes or for other base
motivee
ahall be puniehable by deprivaeion of freedom for a period
not to exceed seven. years.
The same acts, when committed in the absence of the Aglaia
cified in the first part of the preeent article --
shall be puniehable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the name period
Article 126. Illegal deprivation of freedom
Illegal deprivation of freedom
shall be punishable by deprivation of freedom for a period
not to exceed eix months, or by corrective labor for the same period,
or by public censure.
The same act, When committed. by means dangerous to the life or
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health of the injured party, or When accompaeeod by the enieleteon
of physical suffering upon such person --
sha13 be punishable by deprivation of freedom for a period
hot to exceed three years
Article 127. Abandonment in danger
The failure to render neceseary end clearly urgent aid., to a per
in a state in which hie life is endangered, if etioh ..td might have
yen rendered by the guilty party. Athout serioue danger to himself
r to ocher persene, or the failure to inform the eperopriate ?
institutioas or persons of the neeessity for rendering aseietance --
ttall be puniShable by corrective labor fpr a period not
to exceed six months, or by public censure, or by application of
measuree dr social action. '
The wilful abandonmeat of a person in a state in which his
life ia indangered and who is incapable to taking meeeures to seve
hie life by reason of his extreme youth, old age, illneee, or
as a result of hi& helplessness in generale in caoes where the
guilty party could have rendered aneletance to the injured party
and was under obligation to provide care for him, or when he himeelf
put such person in a attention endangering his life --
dlall be punishable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year.
Article 128. Failure to render aseietance to a Fink pereen
.The failure. to renaer assistance to a sick pereon, withoet eeed
land sufficient reason, on the part of a person under obligation, te
render aueh assistance under the law or by virtue of special
regulations --
shall be punishable by oerrective labor for a period not
exceed one year, or by a fine not to exceed 1,000 rubles, or by
public censnre, or by application of meaeurea ar social action.
The same act, if it has caused, or clearly might hvii! caeeed,
the death of the patient, or other eerious consequences for him --
shall be puniehable by deprivation of freedom for a period
not to exceed two years, with deprivation of the right to engaee in
professionel practice for a period not to exceed three years.
Article 129. Failure, by the master of a vee, to rinder
seietance to the victims of a catastrophe
The failure, on the part of the master of a veosel, to render
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assistance to persone perishing at sea or in another waterway, if
Buda assistence might have been rendered without serious danger to
the ship, the crew, or the passengers --
shall be punishable by deprivation of freedom for .a period
not to exceed two years, or correfitive labor for a period not to
exceed one year, with or without deprivation of the right to occupy
the position of master.
Article 130. Defamation
Defamation; that is, the diesemination of deliberately falee
fabrications defaming another person --
shall be Putishable by deprivation of freedom for a peeled
not to exceed one year, or by corrective :Labor for the eeme period,
ur by a fine not to exceed 500 rubles, or by public censure, or by
application of measures of social action.
Libel, or defamation by other means of reproduction than print,
defamation committed by a person previously convicted of same --
shell be punishable by deprivation of freedom for a, period
not to exceed three yeare, or by corrective labor for a period not
to exceed, one year.
Defamation when accompanied by chargee of having committed
crime against the stato or other serious crime --
shall be punishable by deprivation of freedom for a period
not to exceed five years.
Article 131, Contumely
Contumely; that ie, the intentional denigratiort of the honor
and dignity of a person, expressed in unpleasant form --
shall be punishable by corrective labor for a period not to
exceed six monthe, or by a fine not to exceed 500 rublee, or by
public ceneure, or by the epplicetion of measures of social action.
Contumely in print, or contumely committed by a person previously
onirvicted of same -
shall be puniehable by eorrective labor for a period not
to exceed one year, or by a fine not to exceed 1,000 rubles.
Chapter Four
Crimes against the Political and Labor kights of qtizene
Article 332. Obstruct
the execution of an electoral. lay
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The obstruction, by means of violence, fraud, threat, or
bribery, of the execution of an electoral law by a citizen of the
USSR --
shall be punishable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year.
Article 133. Forgery of electoral documents or imptoper counting of
votes
The forgery of electoral documents or the wilfully improper .
countiog of votes, and in like manner the violation of the secrecy
of the voting,process? winen committed by a member of an electoral
axmmission or by another official. --
shall be punishable by deprivation of freedo.z fcr. a period.
not to exceed. three years, or by corrective labor for a period not
to exceed one year.
t tiCie 134. Obstructing the exercise of equal rights by women
Obstruction of the participation by a woman In governmental,
pablic,, or cultural activity *hien substantially violates the
oual rights of the vnzan, if accompanied by violonce or the threat
of violence
shall be punishable by deprivt10 f freedom for a. period
not to e.:fceed t.? years, or by corrt4otive labor for a period not to
excetd one year.
Artacle 135. Violation or privaoy of oprrespo
. Violation of the privacy of correspondence among citizens --
atall be punidaable by corrective labor for a .,)eriod not
exceed six months, or by a fine not to exceed 300 rubles, or by
public censure.
Article 136. Violation of the prive.cy of a citizen's home
Illegal seo.rda, illegal eviction, or other illegal acts violating
the .oriva.ci of a. citizen's home --
shali be punishablo by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same period,
r by a fine not to exceed 500 rubles, or by roval from )osition.
Article 137. Violation of the legal rights of traue u-liorts
Obstruction of the legal activity of trade unions and their
organs --
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:d ?
shall be punisnabla by corrective laboe for a -period not
to exceed one year, or by a fine not to exceed 1,000 rubles, or by
removal from position.
Article 138. Violation of labor legislatien
The illegal discharge of a worker from hie emeloyment for eercon?
al motives, failure to comply with a court order restoring a person to
enployeient, or any other inteatienei vielatioe of labor Leglsletion
committeed by an ()facial of the state or of e publie enterpriee or
institution --
shall be punichable by corrective labor foe a period not to
exceod one year, or by removal from potion.
Article 139. Refusal to employ, or the disCharge of, a pregnant
WOMEin or nursing mother
The refusal ',;o employ, or the discharge fram employment ofm
woMen by reason of her pregnancyt oe the refueal to employe or
discherge of, a nurelne mother.by reason of such condition --
- ellen be ounishable by corrective labor for a period not
to exceed one year, or by removal from pozition.
Irticle 140. Violetion of labor protection regulaticne
Phe violetioa, by an officiel, of ths regulati.eas for accident
prevention, induetriel sanitatiea, or other reguletione for the
erotectien of ]bot, if such violation has resulted, or might have
resulted, in accidents involving human beinge, or in other serioue
consequences --
shall be ?untenable by deprivation of freeeee for e eertod
not to exceed one year, or by corrective labor for the eeme eeried,
or by a ale not to exceed 1,000 rubles, or by removal from eostion.
The eame violations, if they have caused bodily injuries or the
lose of wing capacity --
shall be punieneble by deerivetien $f freedom for 5 period
not to exceed tbree years, or by corrective labor for a eeriod not
to exceed one yeer.
The violations specified in the first part of the preeeet
article, if they have caused the deaCe of a human being or heme
reeulted in serious bodily injuries to several persons --
shall be punishable by deerivetion of freedem for e period
net to exceed five years.
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Artie le 141. Violation of author al 8nd laventors'riht
The noblication, ander onel s own rmme, of a Licientific? literary,
musical, or artistic work created. by another persh., tyr any nther
aprlation of the authorzhip of such a. work, or ne 1:Llesel
rearo0.action or dissemination of such a ?wor? ih 1.14,e manner
coercion into collaboration --
.shelt be punishable by '.1.E*r..1.-Tation of freedom for 8. :)eriod
not to exneed one year, or by a fire not to exceed. 5,000 rubles.
Mn.kAh6 cublio an invention, prior to itE patenti without the
vgremmt of the inventor, appropriation of the a uthoz'p of an.
invonion, coercion into collahoratIon oh: an. ifl7entioa, and in like
mnnnor the appropriation of the authorship of a
all be punihable by (.:,0TiVirulion feed', for a. period
? not to exceed one year, or by eorrecti-Te lator for. tiae 6.me period,
tor by a nATO not to exceed 5,00? rubies.
Article 142. Violation of laws pertainin to the FanaTation
daureh
aid Eta,te.? and. school and. !:thurch
The violation of le,ws pt-in to the sapartition of church
enO state:, and of Echool and, Churcil
? shall be punishable by corrective le.or foz. a -eriorl not
to exceed one year, or by a. fine not to 9Xceed. 500
P. tt cle 1!1.3. O1:atr2ctin,;7 the performance of ralius cerelionies
Obstruction of the performance of rellous c:emonies, insofar
"(& they do not disturb the public orde-r and axe net accompanied by
infringement of the rights of cit.lz en s --
Shall be punishable by oirreetiv labor for a period, not,
to exceed atx months, or by pubitc canure
Chupter Five
. Crimes. agsinst the fersonal eroperty of Citizens
1- ? ti cle 114
The conceLled appropriation of the ptoat oor of
heft) --
shall be. pnaishabie by of freedom foe n peeiod
not to exceed two yeara, or by corre:Alve labor fo.r a. period hot to
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Theft, When committed ae a second offense, or by praeaged
agreement by a group of perconsl or with the uee of technical means,.
or When it has caused substantial damage te. the injured party
ghall be punishable by deprivation. Of freedom for a period
not to exceed five year's.
Theft when oommitted by an eepecially dangerous recidivist --
shell. be punishable by deprivation of freedom for a period
from four to tea years.
Not A. seound offense, in the meaning. of articles 1444 145'
and 147 is a crime ?emitted by a persou previously baying committed
any of the crimes specified in these articles or in articiee 77,
89-9?, end 146 of the present Qode.
Article 145. Wobery
The open alproplation- of
(robbery) --
than be punishable
not to exceed three years, or
exceed one year.
the person property of citizens
by deprivation of freedom for a period
by corrective labor for a period not to
Robbery, when committed as a second offense, or by prearranged
agreement by a group of persons, or When accompanied by violence not
dangerous to the life and health of theeinjured party, or when it
has caused eubstential damage to the injured party --
shall be punishable by deprivation of freedom for a period
not to exceed seven years.
Robbery, when committed by an esec111y dangereus recidiviet --
shall be puniShable by deprivation of freedom for a period
of from five to ten. yeare.
Article 146. Assealt with intent to rot
Assault with intent to appropriate the pereonal property of
a citizen, an accompanied by violence dangerous to the life and
health of the injured party, or by the threat of such violence
(armed robbery) --
shall be punishable by deprivation of freedom for a period.
of from three to ten years.
The same acte, if committed:
a) in accordance eith preaarranged agreement by a group of
pernons;.
b) with the use of a weapon or other objects ueed as weapons;
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.oweetv.imaralmawakot?-????????.......M......?????
c) with consequent serious bodily Injuries;
d) by an especially dangerous recidivist;
e) by eepersen who has .previously committed armed robbery
for the purpose of appropriating state or public property, or the
personal property of citizens, or banditry --
shall be punishable by deprivation of freedom for a-period
of from six to 15 years, with or Without exile, and with or without
confiscation of property.
oirticie 147. Fraud
The appropriation of the persenal property
acquieitton of a. right to proper, by means of
of trust (fraud)
shall be punishable by deprivation of
ot to exceed two years, or by corrective labor
exceed one year.
Fraud, when committed a4 a second offense,
prior egreement by a group of persons --
Shall be puniehable by deprivation of
to exceed four years.
of citizens, or the
deceit or the abuse
freedom for a eeriod
for a Period not to
or In accordance with.
freedom for a period
Fraud, When it qtALIEles substantial damago to the injured party, or
it is committed by an especially dangerous recidivist --
daall be punishable by deprivation of freedom for a period
om three to ten years.
r,icle 148. Extortion
Demanding tne transfer of the eereonal property of citizens, or
the right to property, or the commission of any actions of a property
haracter,under a threat of violence to the person of the injured
?- rty, or to his intimates, the publicizing of information defamatory
be them, or the destruction of their property (extortion) --
Shall be punishable by deprivation of freedom for a period
ot to exceed three years, or by corrective labor for a period not to
ceed one year.
_ iele 149. Wilful destruction Or damaging of the personal property
of citizens
The wilful destruction or demaging of the personal property of
citizene resulting in substantial damage to the injured party --
Shall. be punidaable by corrective labor for a period not
to exceed six months, with imposition of the oblioation to make
estitution for the damage done, or by a fine not to exceed 1,000
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rubles, with or without imposition of the obligation to make restitu-
tion- for the damage done.
The wilfbel destruCtion oredeiaging of the personal property of
citizens oemmitted by means of areeneee.ehother meeus involving
general dangers or Which has eaused the lass of human lifelor other
serious consequences
shall_ be punishable by derivation of freedom for a period
not to exceed eight years.
Article 150. Negligence resulting in the deetruction or demaging of
the personal property tef citizens
The destruction or damaging
es the result of negligence With
causes the loss of human life or
Shell be punieleable by
not to exceed three years, or by
to exceed one year.
of the personal property of citizens
respect to fire, which has
other serious consequencee --
deprivation of freedom for a period
oerrective labor for a period not
Article 151. Cries against the property of aesocietione which are
not socialiast organizatlens
Crimes against the property of associations which are not
socialist- organizations, when committed with respect to property
located on the territory of the REFeR --
shall be punlehable in accordance with the articles of the
present Chapter.
Chapter fix
Economic Crimes
rticle 152. The issuing of products which are of low quality,
ot standard, or incomplete
The issuing, repeatedly or in largo amounts, from en industrial
enterprise,of products Which are of low quality, or which de not
meet the requirements of standards or technical epecificatione, or
which are lacompletel by a director, chief engineers or head of
a technical control sectiou, or by persons holding other eoeltione
but performing the duties of the eforementloned persons 7-
shall be punishable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period net to
exceed one year, or by removal from position.
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1 ,??????
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Article 153. Private entreprenur*al activity And activity 14.14 a
COmmercial middleman
Private ehtreprennrial activity with h utilization of state,-
?? cooperative, or other social forms --
shall be punishable by deprivation of freedom for a peribd.
not to exceed five years, With confiscation of property, or by exile
i'or a period not to exceed five years, with confiscation of property.
Activity as a commercial middleman carried on by private persons
in 'e form of a business, or with a view to acquiring riches --
shall be punidhable by dsprivation of freedom for a period
not to exceed three. Years, with confiscation of peoperty, or by exile
for a period not be exceed three years, with confiscation of property.
Article 154. Specalation
Speculation; that is, the buying up and resale of commodities
or other objects for the purpose of making profits --
shall bs punideable by deprivation of freedom for a period
not to exceed two years, with or without confiscation of property,
or by corrective labor for a period not to exceed one year, or by
a?fine not te exceed 3,000 rubles.
Speculation in the. form of a business, or on a large scale --
shall be punishable by deprivation of freedom for a period
o. from two to seven years, with confiscation of property.
Small-scale speculation committed as a second offense
shall. be punidhable by corrective labor for a period not
to exceed one year, or by a fine not to exceed 2,000 rubles, with
confiscation of the objects of speculation.
Article 155. Illegal use of trademarks
The illegal use of trademarks belongin* to others --
shall be puniShable by corrective labor for a period not to
exeeed six months, or by a fine not to exceed 3,000 eubles.
Article 156. Defrauding purchasers
False measuring, false weighing, the marking up of eetablished
retail prices, false reckoning, or other defrauding of pnrchasere
at otores or other trading eaterpriees, or at enterprises sering.e
food to the public --
shall be punishable by deprivation of freedom for a. period
not to exceed two years, or by corrective - labor for a period not to -
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' exceed one year, or by deprivation Of the eight to occupy poeitione
ut trading enterpriaes or enterprises eeeving food to the pubLic.
The same acts; when committed on a large scale or by persons
previously convicted of the same crim --
shell be puniehable by depri:vation of freedom for a deewd
f from two to eeven years, with or without confiecation of preperty,
tth deprivation of the right to occalpy peetion s at treding enter-
prlses or enterprises serving.food to the publte-
rticle 157. The releeee for sale of goods which are of low euelity?
nobestendard, or incomplete
The releees for sale to trading enterprises, repeatedly or 111.
a large scale, of goods known te be of low quality, neeeetandard, or
Incomplete, by the head of a store, base, earehouee, or section, or
by e epoilage specialiet or a marketing epecialist ....?
shall be punishable by deprivation of freedom for a period
not to exceed tw years, or by corrective labor fpr a paried. not to
exceed ore year; or by a fine rot to exceed 1,poo rublee; oe by
deprivation of the right to hold the position in queetion.
Lrticle 153. The illegal manufacture; sale, and storee of
alcoholic beveraces e
Tie menufactere or etorage, not for purpoeea of eele, of primi-
tively distilled.yodAe oe othee strong alcobelie bevereges with.
reepect to which there exists a specia1. e,ehibitien, aad in like.
manner the manufacture, not for purposes of zele, ok- equipment for
their dietillation; if the euilty party ha e previously been eubjeetA
1 to meaeures or Ixeeial or ae)tinistrativa action for the same acte --
shell be punishable by corr,xtive labor for a period not
to exceed eix months, or by a fin net to exceed 1,000'rutles.
The ilanufacture or eterage, for purose e of eels, of ,,,rlmitively
dietilied vodka or other strong eleoleolic bevereeee with respect to
whiee there exite opeciel prohibition, or the menufacture, fur
2-eurposee of sale, of equipment for their dietillatioe; eed in like
meneer the sale of euch alcoholie beeerages and such eqnipment ee,
hail be euniAaable by fleprivation of freedom for a perioa
not to exceed three yeare, or by corrective labor for a period not
le exceed one year) or by & fine not to exceed 3,00u rubles.
Article 159. Forgery of postage etami)s and transportation ticket
The forgery of postage stamps or other tokens of poetel peyment,
lor of international reply coupons; and in like manner the,uee or
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putting into circulation of forged postage staops or other tokens
of postal payment, or of international reply coUpons --
shall be punishable .by derivation of freedOm for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year.
The manufacture or sale,in the .for of e'business, of forged
,ransportotion tickets or other documents for the travel of passengers
or the shiloment dr freight
shall be punishatle by cieprivation of freedom for a. period
' to exceed three years.
Article 160. Violation of veterinary regulations
The violation of veterinary regulations which has causeu t})e
spreal of an ebizooty or other serious consequences --
shall be puniEhable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period rot
to exceed one year.
Article 161. Violation of the regulations established fcl- purposes
of combatting diseases and, agricultural pests
Violation of the regulations established for purposes of combatt-
g diseases and agricultural pests which hes caused serious
equences --
Shall be punishable by deprivation of freedom for a period
to exceed one year, or by corrective Labor for the same peTiod.
Article 162, Engaging in a prohibited trade
Engaging in a trade with respect to which there exists
.i;;eclal prohibition, after the imposition of an administrative penalty
for engaging in such tr4de --
shall e FuniShable by corrective labor for a period not
to exceed one year, or by a fine not to exceed 2,000 rola:Les.
The seme acts, comilitted on a substantial.'icale or with the
t,lization of hired labor --
shall be punishable by deprivation of freedom for a period
not to exceed four years, with or without conficetion of property.
ricle 163. The illegal pursuit of fishing and other au tic.
ati
extractive trades
The pursuit of fishing, hunting, and other acuatic extractive
trades on the territori4.1 waters of the 1.P.7ER, iuland sea$, 1tes,
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rives,? ponds,. ree,ervoirs, and their trIbttrle, ki:ithovt aue
aut.n.oriztich) or out of seahon, or at olace 'Ahere such iAlrsuit
prohibited, or with tleu of illegal weapons, methos, or means -
shall be punishable by depriwttion of fre,Aom for riod
not to exo,eed year, or Nyc.orrective 1J--.1or for the s?,ril period,
or by a fine not to e-Yeed 100(:0 rhb1E;s1 with or *tot coafisctiort
of the catch, the hunting or ftshi,ng gear, and the floating facitles
and their e,gpi2ment.
Thetre hen comitto6 as. LOCO. of or wbea
they. involve ti e catching- of valuable species of fish, or the
of vl:lhable kinds of marine life, or Ahen substabtiai dam.11,go is.
? caused
hall be punishable by derivation of freedom for ? eriod
not to eneed four ysers, with or without c.)nfisetion of. property.
Lrticie 1L4. Illegal touting for sGais and bae,vers
The in:intin,s of seals nnd beaver in the open see or in
lo-hhnting zones --
Ishell be -ounishable by do w
prition of- freedom for a period
not to exceed ene year, or b.7 corrective labor for t,he sme coAod,
or b:i A. fine not to exteed 10,060 rubles, with tha confiscation of
the catch, the hunting gear,r.-id floatirq facilities with their
suipment.
krticie 165. Floatin;-; timberlor ble..5tit, in violation of Lilo
regulations for tba protection of fish rc,serves
Floating timUr0 or doing basting werL, in violation of the
riatiortistablished for the -)rotetion of fish reserves ii be punishble by corrective labor for a period not
to exceed six months, or by a fioe not to exced 20000 rabies.
Article 166. Illegal hunting
Huntinc without flue authori.'4,atien0 or in ho-hunting zones, or
ut of season, using illegal weapons &nd methods, if sl.:?2h acts
.re committed albsequent to the a,,)plicaticn of measurez, of almini-
strative actibn. for the sarre violation --
shall be punishable by corrective labor for a period hot
to exceed. one year, or by a fine not to exceed 2)000 rubles.
Hunting for game and birds vith respect to Which bunting Ls
completely prohibited., or Mega' hunting whict causes scibetntlal
damege
shall be 1:,uhlActie by de;:rivation of freedom for period
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not to exceed one yeer, or by corrective labor for tike eame period,
or by a fine not to exceed 5,000 ruble, with or without confiscation
of the game and weapons used in hunting.
Article 167. Violation of the regulations for surrendering gold to
the state.
Violation by individual citizens of the regulations for the sur-,
tendering to the state of the gold, or other precious metals, or
precious rocks, which they have mined from the earth --
ohall be punishable by a pine not to exceed 10,000 rubies,
with confiscation of the substance mined..
The same acts, if they have caused substantial damsge to the
state --
shall be puniehable by deprivation of freedom for a period.
not to exceed five years, with confiecetion of property.
Article 168. Wilful damaging of crope? end the damaging of shelter
be2ts and other plantings
The wilfUl damaging or crops, and likewise the wilful damaging
of shelter belts, fruit and berry orchards, and other plantings,
Alich has ceused substantial damage to a kolkhoz, sovkhoz, or other
ialized farm --
shall be punidheble by corrective labor for a period not to
:xceed one year, or by a fine not to exceed 1,000 rubles, or by
moosition of an obligation to make restitution for damage done.
ticle 169. Illegal felling of timber
The illegal felling of timber in belts sheltering fields,
the soil, or the shores or banks of bodies of water, in otate
reservations, resort roodlande, parks, or stands of timber in
belts of vegetation around cities and industrial enterprises,
when committed after the application of measures of social or
administrative aetion --
shall be punishable by deprivation of freedom for 6 period
not to exceed one year, or by corrective labor for the svme period,
or by a fines not to exceed 3,000 rubles, with confiscation of the,
timber illegally felled.
The Illegal felling of timber in any tract of forest, when
committed in the form ol a. business or when it has caused substantial
damage, even though a first offense --
shall be punishable by deprivation of freedom for a period
not to exceed three years, or by a fine not to exceed 5,000 rubles,
with confiecation of the ille.elly_fe1196. timkert__
A ? , - - ? - ?
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Chapter Seven
Crimes of Officials
Article 170. The abuse of authority or of official position
The abuse of authoritr or of official position; that ie, the
deliberate utilization by an official of 14e-official poeition
oontrary to the interests of the eervice, if committed for reasons
of venal or other personal interest, and if it hes caused. eubstantial
damage to state or pubLic interests, or the: fights and interests of,
citizene protected by law --
shall be punishable by deprivation of freedom for a period
not to exceed three years, or by coerective, labor for. u period not to
exceed one year, or by reeovel from position..
The abuse of authority or of official poeition, if it haa
caused serious consequences --
than be punieheble by deprivation of freedom for a period.
not to exceed eight years.
Notet For purpoSes of the articles of the preeent chapter,
officials are defined aspersonslioermanently or temporarily fulfilling
the functions., of repreeentativea of the state, pereons occupying,
tempuearily or permanently, position .t state or public inetitutione,
organizatione, or enterprisee associated with the performance of
organizationel-executive or administrative-managerial duties, or
performing such duties at the aforementioned institutions, organiza-
tions, and enterprises by virtue of a special delegation of authority.
Article 171. Excessive exerciee of authority or official powere
The exceseive exercise of authority or official powers; that is,
the deliberate performance, by an official, of act e clearly going
beyond the limits of the rights and power uaranteed to him by law,
if eueh performence has caused subetantial damage to state or public
irterests, or to the rights and interests of citizens guaranteed by
aw
. shall be puniehable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period not
to exceed one year, or by removal from position.
The exec$ssive exercise of authoritr or official powers, if
accompanied by violence, the use of a weapon, or acts which conatitute
torture or an offense against the personal dignity of the injured
perty
.???????????=0??????111.1014., *sviSt **Ur
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shall be punishable by deprivation, of freedom for a period
not to-exceed ten years.
lirticle 172. hegligenoe
The non.-performance, or improper p rformance, of his dntiea
by an official as_a result of a .negligent or unconaciantious
attitude toward such duties, Which causes sabstantial damage to state
Or public interests, or to the rights and intereAa of citizens
guaranteed by law --
than be punishable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period not
to exceed one year, or by removal from position..
Article 17). The taking of 'bribes
The taking by an official, either personally or throu,gh an
intermediary, of any type of 4ribe for the performuhce or
non-performance of any act in the?interests of the person giving
the bribe, which act the official. should have performed or might
have performed by virtue of hi a official position --
shall be dunishable by deprivation for a period. .lot to
exceed
r five years.
The aame acts, when committed by sn official occupying b
reaponsible position, or who had previouely beeo convicted of
taking a bribe, or no had ta4en bribes repeatedly, or 4then
accompanied by extortion of the bribe ?
&all be punishable by deprivation of freedom Cor 4 period
of 5,:rom five to tea years, with or without confiscation of property.
Article 174. The giving of a bribe
The giving of a bribe, or acting as an intermediary in bribery -
shall be punishable by deprivation of freedom for a period
not to exceed three years, or by corrective labor for a period not
to exceed one yearo
The giving of a bribe, or acting as an intermediary in bribery,
when committed repeatedly or by a person previously convicted of
bribery --
shall be punishable by deprivation of freedom for a. period
not to exceed fioie years.
Note. A person who has given a bribe shall be exempted from
criminal liability if, with respect to him, there was extortion of
[e bribel or if, after giving the bribe, he voluntarily reported
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1 -ivhat-Ega-falken place.
Article 175. Forgery by an official.
1 Forgery by an official; that is, the entering, by an. official,
for venal purposes or other personal motives, in official .documents,
of deliberately false information, ferged notations, erasures, or -
altered dates, or the preparation- and ieeue by? such person of faze-reed
document, or the entering ofefaIsified notations in books --
shall be punishable by deprivation of freedom for a period
not to exceed two years., or ey corrective labor for a? period not to
exceed one year, or by removal from position. - ?
?
Chapter eight
Crimes Against Justice
Article 176. The initiation of criminal proceedings against a
person known to be innocent
The initiation of crimihal proceedings against a person known
o be innocent on the pare of the person conducting the police
inquiry, an investigator, or a prosecutor ?
shall be punishable by deprivation of freedop for a period
not to exceed three years.
The same acts, when accoepanied by charges of having committed
n especially dangerous crime againot the state or other serious
crimes, or by the fabrication of evidence for the charges
shall be punishable by deprivation of freedom for a period
of from three to ten years.
Article 177. Formulation of a delierate1y unjust eentences decisions
opinion, or ruling
The formation by the court of a deliberately unjust sentence,
decision, opinion, or ruling --
shall be punishable by deprivation of freedom for a. period
of from three to ten years.
reicle 178. Clearly illegal arrest or detention
Clearly illegal arrest
Ahall be puniehable by deprivation of freedom for a period
not to exceed one year.
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Clearly illegal detention --
shall be punishable by corrective labor for a period not
to exceed one year, or by removal from position.
Article 179. Eliciting tetimony by coercion.
The forced eliciting of testimony by- means of ttlreata or other
illegal acts on the part of a person conducting a police inuiry or a
preliminary investigation --
shall be punishzble by deprivation. of freedom for 6 perlod
not to exceed three years.
The same acts, when accompanied by violence or contumely .
directed against the person of the subject btling interogated --
6101lbe unishable by deprivation of freedo fr erieJ
ol* frcm three to ten years.
? Article I. C. Deliberately false denunciation
Deliberaely false denunciation for the commission of s crime --
shall be gunishable by deprivation of freedom for a, oericd.
lot to exceed to years, or by corrective labor for a peridd not to
xced one year.
The same acts, when accompanied by charges of havg mmitted
an espetially dangerous Crir;:e against. the state, or other serious
crime, or by the fabrication of evidence for the charge, or wher
committed for venal purposes --
shall be punishable by. deprivation of freeden for a period.
of from two to seven years.
Article 181. Deliberately false testimony
Deliberately false testimony given by.a
',f1se conclusicm given by an exTpertl or a deliberately .false transla-
tion vade by an interpreter in court, or in the course of the police
inquiry or preliminary investigation --
shall he punishable by deprivation of freedom for a period,
not to exceed one year, or by corrective labor for the same 'period.
The same ?acts, when accorkpanied by charges of haviug committed
:an especially dangerous crime a6in
Est tlie statc,er other serious crime
or by the fabrication of evidence for the charges, cr ,iihen committed
for venal purposes --
shall be punishatle by deprivatIon of freedom for a, period
of from two to seven years.
witness, or a deliberate4
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3irticie 12 Refusal or avoidance of giving teL,timon onithe
part ;-)f tt witness, or OC giving a conclusion on the part of an expert
The reftel or avoidance of giving testimony, on the *Jart of
a witness, or or giving a conclusion) on the part of an expert,
during a trial or in the course of the prelitlinary investigatton or
the police inquiry, and in like manner obbtructing the ap,earance of
a witness or the giving of testimony by such --
shall be punishable by corrective labor for 8 Lieriod not to
.4, six months, or by a fine not to exceed 500 rubles, or by pubLic
censure.
IArticle 183. Coercion of a witness or injured, party into giving
false testimony, or of an expert into giving a false conclusion, or
the bribery af Faidh persons
The coercion of a witn 4;e, injured part, or ex per into giving
false testimony or a false conclusion to judicial-inveigative
organs) committed by means of a threat of murder, violeace) destruc-
tion of the property of such persons or of their inti tea, and in
like manner tte bribing of a Iiitness, injured .yact::. or a7pert with
a view to their? givinz +'alse testimony or a false conclusion.
snail be punishable by deprivation of frecoom for & period
not to exceed two years, or by oorrective labor for n orriod not to
exceed one year.
Article 184. Public disclosure of information from a preliminary
investigation or police inquiry
Public disclosure of information from a prelirinary investigation
or police inquiry without the ?emission of the: prosecutor) :1,nvestiga-
tor) pr person conducting the police inquiry --
shall be punishable by c;orrective labor for a period not to
exceed six months) or by a fine not to exceed 500 rubles.
Article 185. Micupprdapriation, alienation, or concealment of
property Which hit$ been inventoried or s,.i,.questered
The misappropriation, alienation, or concealment of property
which has been inventoried or sequestered, ?filen committed by the
person to whom such property was entrusted --
shall be punishable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same period.
Article 186. escape from place of exile
BecalJe from place of exile, or en route to a plate of exile
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shall be puniehable by deprivation of freed.:.-m for a ..)eriod
not to Feed one year.
A1'tic3.e 167. Toluntwry return of a. beniched 1..}ern >er,itas from
which be has been beatethed
The voluntary rotarn of a banished porson to areas from Vlich
he has been banshed --
1snail be punisi,natie by reploement of t-,miam eid,
ent by lo
for .,he unservod 'portion of the sentence
Article 188. '.,:';scape from place of con-in nt or from gAards
Zelcoo from a place of confinement, or from guarde, when
xromitwd by a person: serving a sentence or under' prcaiminry avrF.2t-
Eihali be Dunithable by deprivtion Qf freudom for a period
,t to e-;xceed three years.
Eape, whcn. accompanied by violence towards e.uex.61.s
shall be puniable by deprivation Of freeaccl for a period
not to exceed five years.
i-xticie 189. Gonceelment of crimes
Zvi ooncw--1Tent of the crimes c.pocified in Giticleit, 64 (treL,son),
65 (espionage), 66 and 67 (ects of terrorism), 68 ( Lnt5g.?) 69
(wrocktno), 72 (organizatdonal activity ailrec. at the c(rbissin of
especially dengercus egPinst toe stF-te? or memborshi.p in tn
I1E4oviet organization), 77 (bc?nditry), 8? (the manufec,,ure or
phssing cc-urItvfeit IGinb or currency), 102, 103, and ,4(') (jtem e)
(promeditatec' b.omicide), 117 (second anf' thicd parts (.rape unaer
ag,:revatIng circumfAances), 89 (third part) and 14/ (third part)
(theft), 90 (third pert) and 11.5 (third part) rohbery), ql alv-i 146
(ssw.it Alth intEht to rob), if uc:? conceeLment 1-.ns not r-mtved
Cf.eforehand --
I
adall be punishable by deLxivatian of freedom for a ;aried
cf from one to five years, or by corrective labor for t perle4 not
to e-Q:eed one yeA:r.
, Article 190. Visprision
The failure to report Nny of the crimes si,ecifi;A in 1-cticlas
, (treaz,on), ;5 (ee:donage), 66 e,,d 67 (acts of terrorism), 6i3
botsipa), 69 (wrecking), 72 (organi'zational activity .iimed et
the colWssion ofespecially dangerous crimes agatnst the btate, or
moriberthip in an anti-3oviet orstinic.ntionJ, 77 (b:nuitry), 87
(the wwwfacture or passing of counterfeit CtithS or curr,m;.7),
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1020 103, and e40 it c) Tpremeditated eom)cade), 117 .(vkT,:oonc. anu
third parts ) (aggravated rape), 89 (thire part) and 144 (third part)
(theft), 90 (third part) and. 145 (third part) (robbery), 91 and 146
(assault with intent to rob)., when such crimes are reliably known to
be in preperetion or to have been committed --
shall be ennidhable by deprivation of freedom for a period
of from one zo three years, or by corrective labor for a period of
from six months to one year.
Chapter Nine
Crimes against the Order of Government
Article 191. Resisting a representative of established government ?.
or of soeiety who is performing his duty to keep public order
Offering resistance to a representative of established governmen
who iseperforming duties impoeed upon him by law, or resinting a
epreeentative of society who is carrying out his duty to keep
public order, or coercing them into the performance of clearly
illegal acts, when committed with violence or with a threat of
violence --
? Shall be puniehable by deprivetion of freiden for a period
not to exceed three years, or by corrective labor for n period not to
exceed one year, or by a fine not to exceed 600 rubles,.
Article 192. Contumely toward a represeetative of establinhed
government or a representative of eeciety who is performing his
duty to keep public order
The offering of a public insnit to a repreeentive cf.' established
government or a repreeentative of society who is performing his
duty- to keep 'public order, in connection with the performance by ?
sucn persons of the obligations incumbent upon them --
shall be punishable by corrective labor for a period-not
to exceed one year, or by a fine not to exceed 500 rublee, or by
application of measures of toci&J. action.
Article 193. Using threats or violence toward an official or
public worker'
A threat of murder, the infliction of serious bodily
injuries, or of destroying property by moans of arson, teward an
official or public workers, employed with a view to terminating
judicial or social activity, OT changing its character; in the
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interests of the person making the threat --
shall be punishable by deprivation of freedom for a peried
not to exceed, eight month, or by correctiee labor for a period not
to exceed one year, or by public ceneure.
- The inflietiGn of alight bodily injury, battery., or the
commission of other acts ov violence with respect toward an offioial
or public worker in coneection with his official activity or the
fulfillment by him of his public duty --
shall be puniahable by deprivation of freedom for a period
k
iriot to exceed three yeaael or by corrective labor for a peried not to
exceed one year.
Artiele 194. Wilful appropriation of the title or authority of an.
official
The wilfUl appropriation of the title or authority of ar official
when accompanied br. the commission, on that basis, of any socially
dangeroue acts --
shall be punishable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year.
Article 195. Misappropriation or damaging of docunente, stamps,
seals, and blank forms
The misace:ropriation, destruction, damaing, or conceeleent
of documents, stamps, seals, or blank forms kept in ntate institutions
eaterprisee, or social orgenizations, when 15emu1tted for venal or
(Wier base motives --
shall be punishable by depoivation of freedom for t period
not to exceed one year, or by corrective labor for t'ne same le.eriod,
or by a fine not to exceed 1,000 rubles.
The eeme acts, when cemmitted with respect to documents, utamps,
soaIe, and blank forms of particular importance, or when resulting
in serioue consequences --
ehell be puni4hable by deprivation of freedom for e period
t to exceed five years.
The theft of a passport or other importent document from a
citizen --
shall be punlehable by deprivation of freedom for a
period not to exceed eight months, or by corrective labor for a period
not to exceed clue year, or by a fine not to exceed 800 rubles.
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Article 196. The forgery, manufacture, or selling of forged
docunents, stamps, seais, or blank forms
The forgery of a certificate or other document isoed by
a state instatution or enterrise or a social organization, granting
rights or provIding exemptioa from obUatioti or tne )urpose of
the utilization of such document by the forger nimeelf or by another
person, or the !Ielliag of such a document, or the munnfscture of
forged stamps, seals, or birnk forms of state institutions and
enterprises or social organik.3tions for the LF.me purposes, or for
their sale --
shall be aunianable by deprivatio'rl of freedom for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year.
The same acts, when committed regularly and repeatedly
shall be punishable by deprivation of freedom for a period
not to exceed five years, or by exile for the same period.
. The utilization of a document known to be forged --
shall be punishable by deprivation of freedon ?for
not to exceed one year, or by corrective labor for the same
or by a fine not to exceed 300 rubles,
a period
period,
Article 197. Violation of the rgu1atior& governing entry into, or
sojelurn in, a, border zone
? Violation of the regulations governing entry into, sojourn in,
or tbe visaing of paesports-in, a border zone, when odmmitted
subsequent to the imposition of administrative penalty for the same
violation, ---
ahall be punithable by deprivation of freedom for a period
not to exceed six months, or by corrective labor for the same perio4
or by a Pine not to exceed 500 rubles.
Article 198. Violation of passport regulations
The wilful violation of passport regulations in areas where
special regulations are in force respecting sojourn 8nd thu visain7
of passaorts, if suth violation i$ manifested in sojourning without
a possport or without a visa, and if the person in question has
been subjected to administrati-,re penaLty for said vi31ation on two
previous occasions --
shall be punishable by deprivation of freedom for a period
no-,, to exceed one year, or by corrective labor for the same period,
or by a fine not to exceed 500 rubles.
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Article 199e Unauthorized appropriation of land and unauthorized
ustruction
The unauthotLzed appropriation, or barter, or buying and. selling,
of a tract of land, or other acts violating the laws concerairg the
nationalization of land
shall be punishable by corrective labor for a period of
from sit month n to one year, or by a fine not to exceed 1,000 rubles.
The unauthorized construction .Y.f.* a residential building, or the
unauthorized construction of an addition to a building
shall be punishable by cirreotive labor for a period of
from six months to one year, with confiscation of the illegally
constructed building.
Article 200. Arrogation
Arrogation; that is, the arbitrary exercise of osels own real
or assumed rights, in violation of the procedure established by law,
with substantial damage to other citizens or to state or social
organizations --
shall be punishable by corrective labor for a period not
to exceed six months, or by a fine not to exceed 500 rubles, or
by public censure, or by application of masuras or social action.
Article. 201. Violation of civil registration as
The concealment of facts serving as in impediment to marriage,
or the furnishing of false information to organs of civil registra?
tion --
shall be punishable by corrective labor for o period. not
to exceed one year, or by a fine not to exceed 500 rubles, or by
public censure.
Article 202. Illegal use of symbols of the Rad eross and Red
Crescent
The illegal use of symbols of the Red CrOSO end Red
Cretoent or of the name of the Red Cross or Red Croseent --
Shall be punishable by corrective labor for a period not
to exceed one year, or by a fine not to exceed 1,000 rubles, or by
public densure.
Article 203.. The illegal display of the national ensign of the USSR
or of a union republic, on a merchant vessel
The display of the national ensign of the USSR, or of a union
republic, on a merchant vessel not authorized to fly such ensign --
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Shall be punishable by deprivetion ffreedom
not to exceed one year, with or without confication of
and with or withour a fine not to exceed the full Traue
Artiaie 204. Failure to render assistance in a coliii;:]
or ft-I:Lure to col:Hun:teat, the shipte name
fur a ptwiod
the vesoel
of the shi.
of Ships,
Th ie ftdlure, on the part of the maater of a vessel whf,en has
collided with anotner at tea, to te,ce the necess,ry steps to save
the o4-hor ves:sel, if such uaro been taken -Arlthont,
serldusli; anJangerin his own passeners, ere*, and vcm_?al,
independe-Itly of the iibtlitv for feill,re to render ab;At..1.,ance
to the passengers and crew of a vEnssel in distraas (Article la)) --
shall be 2unishab1e by deprivation of fr,,,,edom for a period
not to exb.eed cue year, or by corrective labor ft ste pei-joQ,
or "c3-7F fine not to exceed 3?000 roblos.
The failure, on the part of the master or a vesoel, to communivatr
to another vessel with.whioh it haa coliided at seal. the name and
port of registv of own vessel, or it povt of departure d.
port of destination, despite the possibility of cowrinnicatinp; such
information --
shall be 1:;A:inishab1e by corrective labor for a- period not to
exceed three mouths, or. by 8. fine not to e7..cceed 1,000 rubles.
Arti,As 205.
uuJersea telegraph el-Thie
The negligert damaging of an undersea telegraph cable, if it
has cauaed, of mieht have caused, an interrdptioa in telegraphic
service --
shall be punishable by corrective labo for a. period hot to
exceed three months, or by a. fine not to exceed. 1,000 r1Jblee.
Chaptor Tea
Crimes against the Public Security, WLiC Order,
and tbe Health of the Population
Article 206. Hooll-aniam
Hooliganismi that is, wilful acts grossly- ITolating public order
and manifesting an evident lack of reapeet for society --
Shell be punishable by derivetion uf freedoin for a. ;period
not to exceed one year, or by corrective labor for tze. same period,
or by fine not to exceed 500 rubles, or by public censure.
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Malicious hooliganism; that ib, the oame act s hhen ccolmitted
by a person previously convicted of hooliganism, or when associated
with resistance to a representative of established government, or R
representative of sociey:, iyho is performing his duty to keep public
order, or when such acts, by virtue of their content, are obaracteriz
ed by extraordinPxy cynicioni or insolence --
shall be punifkt.able by deprivation of freedom for a period
not ta exceed five years.
Petty hooliganism committed by a person who has been subjected,
on two occasions in the course of one year, to measures of social
or aomtniatrative action for petty hooliganism --
shall be punishable by corrective labor for a oeriod not
to exceed one year, or by a fine not to exceed 500 rubles.
Article 207. Threat of murder, the infliction of serious bodily
Ijuries or the destruction of property -
A threat of murder, of the infliction of serious bodily injuries,
r of the destruction of property by means of arson, provided there
are grounds for fearing that nadh threats will be carried out --
daall be puhishable by deprivation of freedom for a period
not to exoeed six months, or by corrective labor for a period not
to exceed one year, or by public?censure, or by application of
measures of social action.
Article 208. 2cquisition of property known to have been acquired by
criminal means
The acquisition .of property known to have been acq uired by
riminal means --
shall be punishable by corrective labor for a period not
o exceed six months, or by a fine not to exceed 1,000 rubles,
or by, public censure, or by application of measures of social action.
The same acts, when committed in the form. of a business or on
are scale --
shall be punishable by deprivation of freedom for a period
not to exceed five years, with or without confiscation of property,
or by exile for a period not to exceed five years, with or without
confiscation of property.
Article 209. Habitaal vagrancy or beggary
habitual vagrancy or beggary, continued after repeated wnrning
on the part of an administrative organ --
dhall be punishable by deprivation of freedom for a period
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not to exceed two years, or by corrective labor for a period of from
eix months to one year.
Lrticle 210. Inducing minors to engage in criminal activity
The inducing of minors to engag.;e in cri,-Ainx11 acti'vAty, io
he practice of b;oggary, prostitution, or gambling, and in like manner
the exi-.1oitation of C.ners for 1111.2oses of a parasitic existence --
shall be punishable by de:irivatizn of freedom for v period
not to exceed fiV year6.
Artiole 211. Violation of the regulations for safety of move7lant
and of operation of motor vehicles or urban electric streetcars
The violation, by an employee of a motor ,Jehtcle transportation
syctem or urban electric stroetcar system, of the regulations for
the safe movement ard operation of transportation facilities, vihich
violation has caused Slight, or less than gri,,vous, bodily injury to
the injured party, or has reo.alted in substantial material damage --
shall be punishable by depriVation of freedom for a period
ot to exceed two years, or by corrective labor for period not to
xceed one year, Kith or without deprivation of the ri7ht to
operate transportation facilities for a period not to exceed two.
years, or by a fine not to exceed 1,000 rubles.
The same acts, if they have caused the death of the injured
party, or have inflicted grievous bodilY injury upon him --
shall be punishable by deprivation of freedom for a period
not to exceed tea years, with or without deprivation of the right to
perate transportlition facilities for a period not to exceed thre
years.
Article 212. Violation of th6 regulations for the safe movement of
motor vehicles by a person who is not an employee of- motr vehicle
transportation system
Viclation of the regulations for the safe movement of motor
vehicles by a person who is not an employee of a motor vehicle
transportation system, which violation has caused sligkr4 ar lose
than grievous, bodily injury to the injured. party --
shell be plinishable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not
to exceed one year, with or without deprivation of the right to
,operation a. motor vehicle for a period not to exceed two years.
The same act, if they have caused the death, of the injured
, party or have inflected grievous bodily injury upon him ......
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Shall be punishable by deprivetAon of freedom. fer a peried
not to exceed ten years, with or without deprivation of the right
to operate a motor vehicle for a period not to exceed three years.
Article 213. Violation of regulations in effect in e trilyuiportation
system
?. Violation of current regulations in a transportation system
wite respect to eafety of movement and the preservation. of order,
if ouch violation has reeulted in the ios of- human lives or other
serious consequences --
dhalibe punishable by deprivation of freedom for a period
not to exceed five years.
Article 214. Violation of safety regulations in mi ng work
Violation of safety regulations in mining Aork, if it has
caused damage to the health of human beings --
shall be punishable by deprivation of freedum for a period
not to exceed one year, or by corrective labor for tho same period.
Violation of safety regulatione in mining Mirk, if it has
resulted in the loss of 1.uman lives or other serious coneequences
tall bepuniShable by deprivation of freedom for a period.
not to exceed five years, or by wrrectIve labor for a period not
to exceed one year.
Article 215. Violation of regulations in conetruction work
The violation:, in the eourse of doing construction work, of
-building, sanitation, and fire regulation, and likewise of regula-
tions for the operation of construction equipment, if euch violatton
has caused. dameze to the health of heman beings --
shall be puniahable by deprivation of freedom for a period
not to exceed one year; or by corrective labor for the same period.
Such violation, if it has caused the lose of human lives or
tier serious consequences --
shall be puniehable by deprivation of freedom for. a period
riot to exceed five years, or by corrective labor for a period not to
xceed one year.
Article 216. Violation of eafety regulations at enterpriees handling
explosives or Shops handling explosivea
Violation of production-technieal discipline or regulations
4.?????????..r., .
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eneurini?SariiV of production at enterprises handling exploaivee or 1
hope handling enplosives --
shell be eeniehable by corrective labor for a period Act to
exceed one year, or by a fine not to exceed 1,000 rublee, or by
removal from position.
The same acts, if they have caneed the lose of human liveG or
other serious ouneequenceo --
shall be pnnishable by deprivation of freedom for a eperiod
not to exceed seven yeara.
Article 217. Violation of regulationa for the storage, use,
acconntability, or transportation of explosives nd radioactive
materials
Violation of the regulatione for the storage, use, account 1,
or transportation of explosives and radioactive materiale, or the
illegal shipping of such materials or explosivee vie wail or as
baggage, if such acts might have resulted in serioue consequence --
shall be punishable by deprivetiee of freedom for a period
not to exceed one year, or by corrective labor for the same period.
The same acts, if they have resulted in serious consequences --
shall be punishable by deprivation. 6f freedom for a period.
not to exceed seven years.
Article 218. Illegal carrying, custody, manufacture, or wile of
weapons or explosives
The, carrying, custody, manufectire, or sale of firearms (except
for mooth?boce hunting weapons), ammunition, or exploeives without
due authorization --
shall be puniehable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not to
exceed one year, or by a fine not to exceed 1,000 rubies.
The carrying, manufacture, or sale of daggers, Finnish kteevee,
or other cutting weapons without due authorization, except for those
areas where the carrying of a knife is associated with the national
costume or eith hunting --
shall be punishable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the same period,
or by a fine not to exceed 300 rublees
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Article 219. Negligence in the custody of firearms
Negligence in the custody of a firearm, which has created the
co,-Lditions for the use of such firearm by another persea, if such
neglionce has resulted in serious consequenceo; --
shall be punishable by deprivation of freedom for a period
not to exacted ono year, or by corrective labor fer tte same pertoa.
xticle 220. The illegal shipping of inflammab),:: or acid substances
The illegal shippiro;? via mail or as baggage, of inflawhable
or acid substances, if it has resolted in serious consequences --
shall be ounishable by deprivation of freedo for a period
not to exceed three years, or by corrective labor for - period not to
exceed one year
irt1eit 221. Illegal practice of medicine
The practice of medicine by a person who does not possess the
requisite medical. education. --
*Lail be punishable by deprivation of freedom for e period
not to exceed one year, or by corrective labor. for the same period,
r by fine not to exceed 3,000 rUbles, or by a.pplication of
easures of soczial action.
Article 222. Violation of regulations established for the ourpose
of combatting epidemics
Violation of mandatory regulations established fur the purpose
of preventing epidemic and other infectious diaeaees, and. to control
them if such violation has caused the spread of infectious diseases -
shall be punishable by deprivation of freedom for a period
n-ot-. to exceed one year, or by correctivo labor for the same period.,
or by a fine not to exceed 500 rubles.
Article 223. Pollution of bodice of water, and of the atmesihere
The pollution of rivers, lakes, end other t*lies of water and
sources of water supply with unpurified ano entreated seaage tiL-r
or with the refuse end waste products of ioduotrial and comnunel
enterprises, which pollutiori might cause deme;e to ti o 'no,,otta of
Lto
human bein to ge, or to agrioultural production, or fi ie
sherz, anci
in like manner the polLution or the atmosphere with wtP:te products
of industry which are harmful to the health of human beings --
shall be punishable by corrective labor for a period not
o exceed one year, oz. by a fine net to eNceed 3,000 rubies.
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,
Article 224. The manufacture or sale of poisonous or narcotic
substances
The manufacture or sale, and in like manner the storage or
acquisition for purposes of sale, of strong, poisonouo, or narcotic ?
substances without special authorization?ooroeloiation of established.
regulations governing the production, storage, Issue, acoountabilitye
transportation, and ahipment of strong,: poisonous, or narcotic
substances --
shall be punishable by deprivation of freedom for a period
not to exceed one year, or by corrective labor for the seft period,
or by a fine not to exceed 1,000 rubies.
The same acte, when oommitted regularly and repeatedly --
shall be punishable by deprivation of freedom for e period
not to exceed five years.
Article 225. Unauthorized planting of opium poppy or marijuana
The planting of opium poppy or marijuana without due authoriza-
tion --
dhall be punishable by deprivation of freedom for a period
not to exceed two years, or by corrective labor for a period not
to exceed one year, with mandatory confiscation of the crops planted.
Article 226. Maintaining dens of debauchery, and procuring
Maintaining dens of debauchery, procuring for venal purposee,
and in like manner maintaining dens for the use of narcotics, and
maintaining gambling dens --
shall be punishable by deprivation of freedom for a period
not to exceed five years, with or without banie4mento and with or
without confiscation of property, or by exile for the same period,
with or without confiscation of property.
Artucle 227. The orgauization of a group causing damage to the
health of citizens
? The organization of a group whone activity, carried on under
the pretext of propagating religious dootrinee, is accompanied by
damage to the health of citizens' or by sexual debauchery, and in
like manner the direction, of such a group, or inducing the pertioipa-
tion, of minors therein --
shall be punishable by deprivation of freedom for a period
not to exceed five years, with or without exile, and withor without
confiscation of property..
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ta7.1.1:70"Ar: e cir ?
IT ?61!"?p-o?ri=167:7, 17E77r; i c;1",
Tha manufcture, distritottoa, or advertisj.ng of pornographic
cictIcrok., or othcr objects of e pormgraphie
cLaractex, i,,nd in lile 1.:!car., trading in such objects or Ifeeng
them for the inrpose of thir ;.,ale or cistriution --
dh61,. be Funitihatle by del:rivc.tit..J of freedoI f()r
lot to e.:,reed three -jutr? ur by ?. fine not 'o exceed 1,000 rublc_qi-,
wit'a confiJcatinn of the pornograio mhterial and the meo.ns of
produciogth
PxLicle 229. Violatlun of gravee
The violation of a grave,
object& or upon a grwe --
shzal be punithable
? not to eXcevd three yers, or
to ..xzee?ne year.
F,r1.
by
d1ri like manner tile theft of .
dei,Tivation of freedom ceiod
corrective laror for a periud not
Article 23?. detitruction, damagihg,
eLtural monuments
or diofigug
of
The wilful destruction, damaging', or dicfig-urIng of mItural
tronws.ants, cr of n;Aural objecte tEken under the protection of the
stete
sh.cJi te punishable by de.privatiu of froadc?, ror
not to exceed t0 yers? or ti:y eorrective i&hor for :2, period not to
exceed one year, or by a fine not to exceed 1,000 rui-aes.
ClialAer hleven
'LepreFentin "qestiges of 14ocal Customs
Article 23i. hefusai of recorlciliation
The refustl, on the part of the relatives of a per wi:Lo 'r,a;5
Leen murdered, to deist from the purnuit of R. blood feud with
raupct to the DmreEn-vr.11nd hin relativas in accornce
procedme erstabIished hy the Decree on aoconoilia.tlon Proceedings
iu Ca.fes Involving. Blood Feud --
shall be punible by exile for a poriocl not L. s::K-ca7A
tvio yeare, or by benishment fur e_ period not te exzead three years.
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Article 232. Payment and acceotance of e bride pr1l
The acceptance of a bride price by tha parents, kinsmen, or
relative by carriage of the bride, in the form of money, livestock,
or other property --
shall be punIshable by deprivation of freedom for a period
not to excaed one year, with confiscztion of the bride. ;mice, or by
corrective labor for the same period, with confiscation of the bride.
price.
The payment of a bride 1;rice by the groom, his parent.., his
kinemen, or his relatives by marriage --
shall be punishable by corrective labor for a period not to
exceed one year, or by public censure.
Article 233.
mat-cil,ge
Coercion of a woman into marriage, or obsruction of
The coercion of a woman into marriage, or into cohabitation,
or obstruction of marriage --
. shall be punishable by reprivation of freedom for a period
not to exceed two years.
krticle 234, The conclusion of a contract or marriage to a person
who has not attained marriage&ble age
The conclusion, in accordance with local custom, of a contract
for marriage to a person An? has not attained marriageable age --
shall be punishable by deprivation of freedom for period
not to exceed two years, or by cor7.7ective labor for ?eviod not to
exceed ono year.
In this connection, the comNission of re, or entering into
sexual relations with a person who has not reached the age of
puberty, shall be punishable in accordance with the a.:,:.;proj2rite
rticlo of the present clde.
Article 235. Bigamy or polygamy
Bigamy or poiggamyi that Is, cohabitation with two or several
women in a single household --
shall be puniehable by deprivation of freedom for e, period
not to exceed one year, or by corrective labor for the sme period.
'rticle 236. The scope of Chapter Eleven of the iiresent Code
The force of the present chapter shell akply to i4o5e autonomous
ris -----
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?re-ititirc7e7iiiTo"'crol'o"Tii."7.ITERTTiria7-6CEerir"TiFelia:73?-tEi
the socially dangerous acts enumerated in the present chapter consti?
tute vestige s of local customs.
Ohapter Twelve
Military Crimes
/Article 2.37. The concept of a military crime
Military crimes gre crimes specified by the preaent Code against
the estsblished procedure for the performance of mIlitary service
oommited by milltaty personnel, or by peraons subject to ziiitary
service When assembled for training.
Officers, non?commissioned officers, and other rnka of organs
of state security, and ;-,aso persons with respect to dhom specinl
mention i mede in the legislature of the 1J,EXR, shall b linble Cor
crimes tigaLnst the procedure established for their i:erformance of
mi1ttay60CViCe in accordance with the ap,xcpriate articles of the
preent Lode.
present article shall be punishable in accorc]ance wit'n trAe appr(riat
x dry], in military crimes by personx not mr.11tIoneti in the
articles of the present Oode.
Article 238. Insubordination
a) Insubordinatioh; that is, the direct refusi to carry
out tha order of a superior., and in like manner any deliberate
failure to carry out an order --
Shall be punishable by deprivation of freedom for a period
of from one to five years;
? b) the same act, when committed by a group of persons, or
hen it has resulted in. serious consequences --
shall be punishable b7 deprivetion of freedom for a period
Of from three to ten years;
o) insubordination when, committed in time of war or under
combat conditions --
shell be punishable by death or by deprLtioa of freedom
for a period of fixim five to ten years.
Article 2'39. Failure to carry out an order
a) The failure to carry out -the order of a superior, when
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comeitted in the absence of the ?triLisla ceecified IL It a,
Article 238 of the preeent Coder--
shall be punidhable by deprivation of freedom for a period
of from three months to three years; '
b) the same act, in the preeenee of vitigatink, circum?
stances --
shall he punishable by application of the rules of the
Disciplinary' Regulations of the :ermed Forces USSR;
c) the act specified in It a of the peeeent article,
ihon aammitted in tin s of wer or under cowbat conditione --
shall be punishable by deprivetion of freedom for a period
of from three te six years.
Article 240. Reeisting a superior, or coercing him into the viola?
tion of hie official obligatione
a) Resisting a superior, or any other pereon performing
dutiee imposed upon him by military yervice, or coercine him into
the violation of such oblitations --
shall be punishable by deprivation of freedom for 6 period
f from one to five years;
b) the same acts, when committed by a group of persons,
or with the use of a weapon, or if it has resulted in serioue
consequences --
shell be eunishable by depritation of freedom for o period
f from three to ten yeers;
c) the acts specified iv Item b of the present article,
if accompanied by the premeditated murder of the superior or other
person performing his military duties, or if they were committed
in time of war or under combat conditions
daell be punishable by death or by depeivetion of freedom
for e period of from five to 15 years.
Article 241. Threatenieg a saperier
? a) A threat of murder,- the infliction of bodilr injuries,
or battery toward a saperior in connection with the performance of
military duties by the latter --
shall be puniehable by deprivation of freedom for a period.
of from three months to three years;
b) the same act, under mitigating circumetencee
shall be punishable by application of the ruleS
of the Disciplinary Regulations of the Armed Forces USSR;
c) the act specified in Item a of the present article,
if committed in. tiMe of war or under combat conditions --
ehall be punishable by deprivation of freedom for a period
of from three to ten yeare.
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rArticle 242. Acts of violence toward a superior
a) The infliction of bodily injuries, or the boating, of
Torior in mtnneetion with the performance of military duties by
latter --
- shall be punishable by.Ooprivation of freee,om for a period
of from two to tan years;
b) the same acts, when committed in time of war or under
combat conditions, or if they have caused serious a)neequencos
Atell be punishable by deathor by deprivation of freedom
for a poriod of from five to 1,5 years.
Article 243. Abuse of a superior by a subordinate, or of a aubordinat
by a superior
a) The abuse, verbally or by means of a. non?violent act,
I a. superior by a subordinate, or of a senior- by a junior, and in
like manner the abuse of a subordinate by a superior, or of a junior
by his senior, in the performance of military duties by one or more
of the aforementioned. --
shall be unishable by deprivatioa of freedom for a. period
of from three to six: months;
b) the same acts, under mitigating circumstances --
shall be punishable by application or the rules of the
Disciplinary .Regulations of the Armed Forces USOio
c) abuse involving an act of violenoe committed under the
circumstances examerated in It a of the present article --
shall-be punishable by deprivation of freedom for a period
of from six months to five years.
Article 244. Assault and battery of one person in military- service
by arlothero in the absence of relations of subondination or seniority
between them
a) Assault and battery of one person in military service
by another, if there is no relationship of subordinstien or seniority
between them, and provided that at least one of such persons was
carrying out military duties at the time --
shall be punishable by deprivation. of freedom for a ooriod
f from three months to one year;
b) the same act, under mitigating circumstances --
shall be punishable by application of the rules of the
isoiplinary aegolations of the Armed Forces USSR.
Article 245. Absence over leave
a) Absence over leave from a unit or place of service,
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on the part of a person serving a regular period of enlistment in
military service, and in like manner hie faiinre, in. the absence of
a valid reason, to report for duty et the speeified time When
beipg discharged from A unit, assigned, tranefereed, When returning
from temPorary detached duty, or from leave, or from a medical
institution, for a period in excess of ori e day but net more than
three days) or a period of less than one if such abeence has occerred
at least twice in the eour se of three months --
shall be punishable by trensfer to e diociplinary bettalion
for a period of fm three months to two yeare;
b) the same acts, when committed in time of wnr --
shall be punishable by deprivstion ef freedom for c period
of from two to ten years;
c) the act epecified in Item a of the present article, when
cemmitted by e person in milltery service who is serving a sentence
in a dieciplinary battalion ?
shall be ?untenable by deerivetion of freedem for e period
of from one to three yearee
Article 246, Absence without leave from a unit Or plate of service
a) Akbeence without leeee from e unit or plaee of service,
n the pert of a person serving 8 regular eerioa of enlietmsnt in
miU.tary eerviee, and la like manner his feilure, in the absence of
a valid reaeoe, to reeort for duty at the seeeified time when being
discharged frem e unit, aesigaed, trene:7erree, wnen r,teening from
temporery detached duty, from leave, nr from e medical Inetitution
for a period of more than three days --
ahall be eunienabIe by deprivation of freedom for a period
of from one year to five yeare;
0 the same acts, when comeitted in tire of war --
shalL be puniehable by deprivation of freedom for 8 period
f from five to ten years;
c) absence without leave from a unit or place of service,
on the part of an officer or a pereon serving beyoed the term of
enlistment in military service, ear in like manner the failure of
such person, without valid reason, to reeert for duty at the specified
time, for a period of more than to claye --
shell be puniehable by deprivation of freedom for P period
of from one to five years;
d) the acts epecified in Item c of the present article,
when oommitted in time of war, if the eerson i$ absent without leave
for a period of more than one day --
Snell be euninhable by deprivation of freedom for a period
of from five to ten yeers.
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Article 247. Desertion
. a) Desertion; that is, absenting onself from a military
-nit or pleoe of service for the purpose of avoiding military service
and in like mannerthe. failure, for the same pnrpeve, to report for
duty- at the specified time when assigned, traneferrede retuxning from
temporary detached duty, from leave, or from a medical institution,
when oDmmitted by a person serviT a regular period of enlistment in
military service --
shall be punishable by deprivation of freedom for a. period
of irom three to seven years;
b) the same acts, when committed in time of war --
shall be punishable by deatteor by deprivation of freedoM
for a period of from five to ten years;
c) desertion, when committed by an officer or a person
serving beyond the regular period of enlistmenteee
Shall be punishable by deprivation of freedom for a period
of from five to seven years;
d) the same act, when committed in time of war --
shall be punishable by death, or by deprivation of freedom
for a period of from seven to ten years.
Article 248. Absence without leave from a unit under combat condite
iOna
Absence wi thout leave from a unit or place of service under
combat Conditions, irrespective of the duration of absence --
nhall.be punishable by death, or by deprivation of
for a period of from three to ten years.
Article 249e Evasion of military service by means of mutilation
or other method -
a) /he evasion,on the part of a person in military service,
of performance of such military service by means of inflicting
injury upon himself (mutilation), or by means of malingering,
the forgery of documents, or other fraud, and in like manner the
refusal to perform the obligations of military service --
shall be punishable by deprivation of freedom for a period
m three to seven years;
b) the same acts., if committed in time of war or under
at conditions --
e hall be puniahable by death, or by deprivation of freedom
or a period of from five to ten years.
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Trtrcle-256T--Uisailati7n or lois oi-Miiit.;;ry
[-
.. a) The sale, pavinirg, or rental, by a person serving a .
,
ruler period of enlistment in military service, of articles of
clothing,or equipment, entrcsted to him. (misappropriaticn), ?and'in.
like manner the loss or spoilage of said' objects aLs a reult of .....
violating the rogulations? for thOir'custody
. . . .
ihall be punishable-by transfer to a disciplihary?natUilion
'for a perio of from three months to ene.year; .
. .
t) the same acts, ,Jhder mitigatim; circumstances -- '
shall be Imaishable by applicatioh,of the ri4es of the ?
Disapiinary cl.egulations of the .:Limed Forces W4R;
.. c) the acts spedified In item s of the present article,
whon Committed in time of war or 1;nder combat.condlUons --
shall bo puniahsble by deprivation of f4' don for .a.
fmm one to fivo years; .
d) the losS Or socilege of wek;ons, anmunition, transort&,..
tion facilities, objects of tedlnical supply, or other nilititAry
property entrusted for official uso, as a rtLult of violating the
egulations for their custody --
shall be by by deprivation of freedm for a period
f froal one to three years;
e) the acts specified in item d of t:.h,i present article, '
when oomitted..in time of war or under combat conditions --
? shall be puniskiable by depriv4Aic:n of freedom for a period.
of from to to seven years.
I
c,erio4
.krtiele 251. olIful destruction or damat g of ,liiiitar
a) the vgilfu'L de;ArLiction orJ'...amai;ing of *ea,ons,
tzansporation facilities, mility eqat.ymet, or other milit.ry
property, in the a)-,sence of t1u oLements of ?9.,1 ospecially daneerous
crime eiainst the state --
sh..11 be -,xilisdable by deprivstioa of fraedom for N norto
of from onc: to five yeti's;
b) tho same r,ct? if it hs caused erim consecuouces --
shall be punishable by rie,rivation of freedcw, for period
of from three to ten yenrs;
c) the ect specified in Item b of t present ftrtiole,
When committed in time of war or undez- combat, Cort-dAiG,t --
6hall be punishable by de.drivt,ticn of froeon for v :t4,riod
of from rive to ten years, or by death
Article 252. Violation. of rE.zulations for driving or operating
motor vehicles
Violation of the regcllations for drivine, or operating military
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vehicles, special vehicles,, or trucks, .4hen such violation haz
resulted in. an aacident inVolving human beings, or in other serious
conser,juences
shall be punishable by deprivation of freedom for a, 1;:eriod
or from two to tea years .
Article 253. ViolAtion of regulations governing flights or prepara-
tion for flights
Violbtion of flight regulations, cr regulations g,overning- the
preparations for flio:hts, when sudh violation hi.1 ros,ulted In a
crash or other serious consequences --
shall be -punishable by deprivation of freedom for neriod
of from three to ten years.
Article 254. Violatioa. of regulations governing ship h.,dling
Violaticn of the regulations for handling a ahip, when such
, violation bus resulted, in the 20ss of the vessel., serious dema4e to
the vesel, the loss of human lives, or other Ori01.1.5
? diell be pvnishable by deprivAi on of freedom.. for a. period.
of from three to tan years.
Arlacle 25) Violation of ,t blished reguations for tir i.r guard
a) Violation of establi'led regulati on LI )7or gu.F1c. ;31,1a3-
housc) or escort dut and of the ord9V3 aad 1ntrctn proodgmte
by wel of suppleneh t t 5U ch regu le Lion:5 --
shall be ,unishable by deorlvati on of freedom for spitod
of from three to six months;
b) the ssmo cot, under mitigatlag circumstance6
elail be puaishable by apAication of the rules of the
DiscinitaAxv Regulat5.0Ae of the Armed Forces
c) violation of established regulations for guard (guard-
house) duty,. . committed when standing g-uard 4,t weapons and
TrinlinitiO1 depots, or durin other guard duty, ano at po As for the
protection of facilities posing special stf::to and
ImpoT'tance --
shall be t:unishable by deprivtion of freedom for a 2eriod
of from six x,onths to three yeers;
d) the act specifie.A in item c of the pert artioi e,
eien ccmmitted in ti,rie of wzIr or under combat conditions --
6hall be L.)un: shable by de,)rIvation f freedo.n for c
of from two years to 6C:Vigl years,
e) violati...-tn of es tell. i shed regulati one for rd (gun cd-
no6c) or escort duty, when Rcoom.panied by the ocourfes of harmf41
consequences for the prevention of which the guard or escort in
SA:
r, rank.
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cuestion was established
be puniseable by deprivation of freedoe for a period e
of from one te ten yeerze;
f) the act opeciried in Item e of the erent article,
when oemmitted ie ti ae of war or under combet cenditlee --
shall be punishable by deprivation of freedoe for a period
f from three to ten years, or by OE,eth.
Aitiele 256. Violation of reeulations govern-Lee the' perforeance oi
border duty
a) Violetioa of the regeletionseeverning the leroraeoce
of border duty by a person ueeigned to a. detaeheent fee the protection
of the national border of tee 1.1;3ER --
shall be punishable by deprivation of freeden for a eerioe
f from one ,to three yeere;
b) the same act, under mitlgutine circumstencoe
shall be :eunieheLle by application of tee ruiee of the
Disciplinary Regulations of the Armed. Fore 1166e;
o) the act specified in Itern. a of tee ereoint ertiele
when it hes caesed eerices consequencee --
shell be peniehable b;e.depreetion of freeeem for e period
of from three to ten years.
Article 257. Violation of regnlatloes eovernine the eerfereeeee ef
duty at radar etatione and lookeut uattE
a) Violation of the regelations governing the performance
of dety at radar etatione, lookout enits, and other facilities
. preventing the violation of the oer aeace er territorial waters
of the USSR. ?
shall be eunishaele by deprivetion of freedom or 0 perioct
of from one to five years;
b) the eame act, under mitigating eireeeetences
daall be punishable by applieatiee of the reees of the
cielinary eegulatiens of the Armed Fortes
a) the act specified in item a of the preeent artiele?
.f it has caused serious, coaeaeuences --
stall be punisheble by deprivetion of freedem fo a eeriod
of from three to tea years;
d) the acts eeecified in itees a aed o of the present
tiole, when committed in time of wer --
shall be euniseeble by deeth, or by deprivation of freedom
r a period of from fiva to 15 year.
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OR...14Ft
Article 258. 7iolation of established regulations governing Laterul
service
a) The violation of estaIlLished regulations govsruing
internal service on the part of a person in the duty section of a uait
(apart from guard or watch) --
shall be punishable by deprivation of freedom for a period
of f a three to six months;
b) the same act, under mitigatia.; eircamstatvc.s --
shall be punishable by application of the rubs of the
ibAplinary rtegulations of the Armed Forces OSEA;
c) the act specified in it a of the dresent article,
if it haa resulted in harmful consequences for the prevention of
which the person An question WAS responsible --
shall be punishable by deprivation of freedom for a period
f from six months to LAID years;
d) the act specified in Item c of the present article,
%hen committed in time of war or under combat conditie --
shall be lmnishable by de?rivation of freedom for i period
f frpm one to five years.
Jrticle 259. Disclosurq of a military secret, or loss of Liocumonts
containing military seek et
0 DISCI-0512re of informa41,)a'of a military character
'onstitcting a tate secret, in toe absence ofiJej of treason
hii be punishable by deprivation of freedom for a period
:I! from two to five years;
b) the less or documents containing information of a mili-
tary character constltutin4: e state secret, or of ()billets information
concerning which constitutes a state secret, by a parson to whom
such docue,nonts or objects were entrusted, if sucn loss 4as the
result of a violation of established regulations for handling slAch
cuments or objects --
shall be punishable by deprivation of freedom for a prio
from one to three years;
c) the actsispecified in items a and b of the present article
LC they have caused serious consequences --
shall be punishable by deprivation of freedom for a period
of from five to ten ;ars;
d) disclosure of military informetion which is classified,
but which does not constitute a state secret --
shall be punishable by deprivation of freedom for a period
of from three months to on year;
e) the act specified in Item d of the present orticae, if
cbmmitted under mitigatink7 circumstances --
shall be puribbable by application of ',he rules of the
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Disci pi-friary Regnlatious of the Armed Ts U. ?
Article 260. Abu sa of authority, excessive exercise of authority,
and neglect of duty
a) The abuse of authority or Officiel position by-a
commander or official, the excessive exercixe of authority., or fail=
to exercise same, and in like meaner thu negligence of du, if
euch acts have been oemmitted regularly and repeatedly, or for
venal motives, or out of personal intereet, or if they have cu-d
sebetnetial damage --
?
shall be punishable by deprivation of freedom for e period
f from oix months to ten years;
b) the same acts, under mitigating circumstancee --
shall be punishable by application of the rules of the
Disciplineey, Regulations of the Armed Forceo USSR; .
0 the acts specified in It a of the present article,
when cimmitted In time of war or ender combat conditions --
shall be punishable by deprivation of freedom for- a period
of frem three to ten years, or by death.
Article 261. Surrenderine or abandoning unitary reeources to the
enemy
The eurrender to the enemy, by a commanding officer, of the
force under his op:amend, and in like manner the abandonaent to the
enemy, when not neceseitated by the tactical eituation of fortifica-
tions, military equipment, and other military reeourcee, provided
such acts were not committed for the purpose of giving aid to the
enemy --
shall be punishable by deprivation of freedom for a period
of from three to ten yeers, or by death.
Article 262. Abandonment of a simeing combet yeesel .
a) The abandonment Of 8 einking combat vuozel by a captain
who hes not carried out his official duties to the end, or by one
of the shie's officers without due authorization from the caetain --
shall be puninhable by deprivation of freedom for a period
of from five to ten yeare;
b) the same act, when committed in time of war or under
combat conditions --
shall be punishable by death, or by deprivation of freedom
for a period of fram ten to 15 years.
Article 263. Quitting the field of battle without -permission, or
refuel to use a weapon
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I- Quitting the field of battle without permission during combat,
or refusing to use a. weapon during combat --.
shall be punirhable by death, or by deprivation of freedom.
for a period of 15 year5. ?
Article 264. Voluntary strrender
Voluntary surrender out of cowardice orpusillanimity --
. .
shall be punishable by death, or by deprivation. of freedom
for oeriod of 15 years.
ArtIcle 265. Criminal sets by a military prisoner of war
a) The voluntary earticipatioa, by a military man who is
priamer of wer, in activities of a military nature or in other
measures clearly capable of causing damage to the ::viet Onion or
to its allies, in the absence of kridicia of treason --
shall be puniShable by deprivation of freedom for a period
of from three to ten years;
b) violence towird other prisoners of war, or harsh
trnatment of the latter on the part of a prisoner of War W40 15 in
the position of senior officer present --
, shall Os ,unirbable by deprivatiton of fre6dom for a period
of froa three to ten years;
c) the commission by military personnel wno ars prisoners of
war, of acts having the purpose of harming other prisoners of war,
for venal motives or for the purpose of assuring lenience towards
oneself on the part of the enemy --
shall be punishable by deprivation of freedom for a period
of from on to three yeers.
krticie 266. Pillage
The theft, on the field of battle, of article found on the .
person of dead and wounded personnel .(pillage) --
shall be punishable by deprivation of freedom for a period
of from three to ten years, or by death.
Article 267. Violence toward inhabitants of 8. battle zone
Armed robbery, the illegal destruction of property, violence,
aad in like mmaner the illegal seizure of property under the pretext
of military necessity, committed with respect to the inhatitants
of a battle zone --
- shell be punithable by deprivation of freedom for a period
of from three to ten years, or by death.
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AUITIga-.--kiareatm;nt7fprieonets
a) The mistreatment of prisoners of war, if it ha $ taken
place repeatedly, or if acaompanied by extraordinary harahness, or
if directed ainst persons Who are ill or wounded, and in like manner
laxity In the performance of obligations towerd the ais.7.:4 and. 4o-ondtd
by persons reeponsible for their treatment and care, in the Wbene
of Aagcia of a more serious crime e-
shall be puniehable by deprivation of freedom for a period
of from one to three years;
b) the mistreatment of prieonees of war in the absence of
he aforementiened aggravating circumataneee --
shall be punishable by application of the rules of the '
Disciplinary degulationa of the Armed Forcea IFSR.
Article 269. Illegal wearing- of emblems of the Red. Cross and
Red Crescent, and abuse of same
The wearing, in battle zonee, of emblems of the Red Cross
Red Crescent by persons not possessed of such right, and in like
manner the abuse, during time of war of flage or eebleme of the
Red Cross and aed Crescent, or of the color assigned to traneyorth-
tion facilities for medical evacuation --
dhall be punishable by deprivation of freedom for a period
of Mem three months to one year.
Appendix
LIST OF PROPERTY NOT OUBJEOT TO CC FISOATIA BY SENTENCE
OF A COI=
The following kinds of property and objecte,belonging ta a
convicted person by virtue of personal property righte, or repreuente
ing his hare in communal property, necessary to the convicted person.
and to persons dependent upon him, are not epubject to confiecation:.
e
1. House, plua ottbuildinge or individual parts-thereoe --
in the case of persons whose baelc occupation is agriculture,
provided the convicted person and his family ere permaneetly
domiciled therein.
2. In the case of perwns who basic occupation is agriculture'
-- ci ole cow; in the absence of a cowl a sole heifer; in the case
of heueeholds poaseseing neither cow nor heifer: e sole goat, eteep?
or pig; also, in the case of kolkhoz femoral sheep, goats, and
h -$ not to exceed one-half of the norm establiehed foleaekolkhoz _
4111141?10004.....
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rsehold ss establisheCiby the ciTETTof til;-177:q---;-7--
h7Z----
, . u.o,uer,. ar?e-,
plus poultry.
In the Ulga and tundra regions of the Fur North -- breeding
dose; and young deer, ena also draft-deer, ln the amount of 25 hend
oer household.
3. Livestack feed (if the 1ive6tock. are not subject to.
clafisdation) required ?iendina the laying by- of the ne%t fodder crop,
or until such tiAe as the livesto&ia driveu out to ?;sture.
4. In the, case of persons whose basic o. tion is Agri-
culture -- the seed required for regular plantLag.
f. household objects, utensils, anc'. dkothin nacery to the
.',onvicted pers.:In ,ina to 4hose dependet upyn him.
a) clothing-4 for each perkon: one summer or faU noat5 one
winter overa)lat or shes:ps'lilin f.:o.at; one 'iinter suit (for woe: two
winter dreses); one :summer suit (for womer two 6Uraer dresses);
one piece of heawart41sor ea.Ct. season, For vioaten? ir . ii:dation: too
Saawis and one Aira..rYuLawL (cr heavy ShF,;x;.) otter clothing end.
hdware i6n has been in use for a sutzthrit161 pevAod: of time and
which is not valuable; ,
b) footweerr underclothing, bedclothes, kitthen. and table
utensils in. use(except for object made of valuable mutarials or
objoe.ts of artistic ?valuc);
c) furditum one bei. and oh,air for each person.; one
desk, one 4ar6robe, and on trunk for the ftaily;
d all Uhildrents belonzinles.
o. Food products in m amount nec.essary for the convicted.
lp-c.rson and his family pending the next harvest, if the besic ?coupa-
. food products and. money .n a total amount ecvoal to the monthly
tion of the convicted person agriculture. In all other oases:
evrnings of the convicted person, but not less tnLn 1,000 rubl.
7. That smount of fue1. necessry for preparing food. for
ea1 the living 4U&rters of the family-. during the cold Si:.ason.
8. Tools (includin6 m,,.nuals and books) reulred. the continu-
ation of the occupational activities of the convicted person, excspt
for those cases where the convicted person, by sent,3noe Gf the court,
has been deprived of the riglit to engage in the activity in que,stion,
or when he ha a us.:Ni. the tools in an illezol occup&tion.
9. Shares in cooperative ors&niz.ations? provided th convicted.
-person.I. not been expiled from the co:)perative.
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10. In the event of the conficcf,tioh of the convicted person's
share in the communed property of a peasant household (kolichoz or
private), the amount of the share 16 determined after deduction of
the following fmm this property; the house in which the members of I
the household Idle, clus outbuildings; the seed necec,zary for rguie.r
planting; one cow, or in the absence of a cow, one heifer; (liAewise,
in a isol4ho4 household; sheep, goats, hccs and poultry not to exceed.
,one?half of the norm estaLlished by the charter of the agricultural
artel); and the food required for the remainina ILvestock.
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