RSFSR CRIMINAL CODE, 1956 EDITION AND SUPPLEMENTARY MATERIAL

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• Collection: General CIA Records
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• Document Page Count: 224
• Document Creation Date: November 17, 2016
• Document Release Date: July 8, 1998
• Sequence Number: 3
• Publication Date: January 29, 1958
• Content Type: REPORT

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RSFSR CRIMINAL CODE, 195.6 EDITION
AND SUPPLEMENTARY MATERIAL
Summary No 1546
[THIS IS UNEVALUATED INFORMATION)
29 January 1958
THIS REPORT IS DISSEMINATED FOR THE INFORMATION OF
THE INTELLIGENCE ADVISORY COMMITTEE AGENCIES ONLY.
IF FURTHER DISSEMINATION IS NECESSARY, THIS COVER
SHEET MUST BE REMOVED AND CIA MUST NOT BE IDENTI-
FIED AS THE SOURCE.
Prepared by
Foreign Documents Division
CENTRAL INTELLIGENCE AGENCY
2430 E. St., N. W., Washington 25, D. C.
Ffi~11MF
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SUMMARY OF CONTENTS
RSFSR Crii.rinal Code, 1956 Edition,
and Supplementary Material
This publication presents a translation of The RSFSR Criminal Code,
1956 edition, and certain related material. Part 1 includes the code
itself and two appendixes (Legislative Acts and Judicial Rulings and An-
notations on Sections of the Code) all of which were published as
Ugolovnyy Kodeks RSFSR, by Gosudarstvennoye Izdatel'stvo Yuridicheskoy
Literatury, Moscow, 1956 (approved for publication 23 April 1956).
Part 2 of this publication presents supplementary material that includes
a commentary on Soviet criminal law by Dr Vladimir Gsovski, legislation
pertinent to provisions of the code published in issues of Vedomosti
VVerkhovnoao Soveta SSSR from the date of publication of the code through
March 1957f and a topical index of the contents of the code.
Paged through 219
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RSFSR CRIMINAL CODE, 1956 EDITION,
AND SUPPLEMEN Y MATERIAL
TABLE OF CONTENTS
Part 1. The RSFSR Criminal Code
GENERAL PART
I. Objectives of RSFSR Criminal Legislation
II. Limits of Application of the Criminal Code
III. General Principles of RSFSR Criminal Policy
IV. Measures of Social Defense Applied Under the
Criminal Code to Persons Who Have Committed a
Crime
V. Procedures for Applying Measures of Social
Defense of a Judicial Corrective Nature
VI. Suspension of Sentence and Release on
Parole
SPECIAL PART
I. State Crimes
1. Counterrevolutionary Crimes
2. Crimes Against Public Administration That
Are Especially Dangerous for the USSR
II. Other Crimes Against Public Administration
III. Breach of Official Duty (Malfeasance)
TV Violation of Regulations on the Separation of
Page
16
19
21
26
33
54
Church and State 58
V. Economic Crimes 59
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Page
VI. Crimes Against the Life, Health, Freedom,
and Dignity of the Individual 63
VII, Crimes Against Property 71
VIII. Violations of the Rules of Public Health,
Security, and Order 77
IX. Military Crimes 82
X. Crimes Representing Survivals of the Tribal
Way of Life 95
Appendixes 99
A. Legislative Acts and Judicial Rulings 99
B. Annotations on Sections of the Code 124
Part 2. Supplementary Material 164
I. Commentary on Soviet Criminal Law by Dr
. Gsovski
164
II. Legislation 177
III. Index 187
1. Principal Abbreviations Employed
The principal abbreviations of organization titles employed in
the code and its appendixes are as follows:
Sovnarkom (Sovet Narodnykh Komissarov, Council of People's Com-
missars) USSR, RSFSR .
TsIK (Tsentral'nyy Ispolnitel'nyy Komitet, Central Executive
Committee) USSR
VTsIK (Vserossiyskiy Tsentral'nyy Ispolnitel'nyy Komitet, All-
Russian Central Executive Committee) RSFSR
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2. Legal Commentary
For clarification of a number of theoretical legal concepts,
particular attention is directed to Dr Vladimir Gsovski's commentary on
key provisions of the RSFSR Criminal Code. This commentary, which appears
in "Part 2. Supplementary Materials," traces the history of the RSFSR
and related criminal codes and discusses other aspects of Soviet sub-
stantive law.
3, Use of Index
The structure of the RSFSR Criminal Code and its appendixes
necessitated employment in the index of a somewhat complex multiple ref-
erence-system. The significance of each type of notation is explained
at the head of the first page of the index.
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Part 1. RSFSR CRIMINAL CODE, 1956 EDITION*
(Basic Text of 1926)
*A single asterisk appearing before the number of a section
indicates that commentary on that section is appended.
GENERAL PART
I. Objectives of RSFSR Criminal Legislation
1. The aim of the criminal legislation of the RSFSR shall be to
protect the socialist state of workers and peasants and the legal order
therein established against acts which constitute a social danger (crimes)
by applying to persons who commit such acts the measures of social de-
fense specified in this code.
II. Limits of Application of the Criminal.Code
2. The effect of this code shall extend to all citizens of the
RSFSR who commit acts which constitute a social danger within the terri-
tory of.the RSFSR, or outside the territory of the USSR (in case they are
apprehended within the territory of the RSFSR),
3. Citizens of the other union republics shall be held responsible
under--the laws of the RSFSR for crimes committed by them within the terri-
tory of the RSFSR, or outside the territory of the RSFSR in case they
are taken into custody and committed for trial or investigation within
the'territory of the RSFSR.
Any citizen of a union republic who commits a crime within the
territory of the union shall be held responsible under the laws of the
'Iocality where he committed the crime.
4+. Aliens who commit crimes within the territory of the USSR shall
be held responsible under the laws of the locality in which the crime
was committed.
5. The question of the criminal responsibility of aliens who en-
Joy the right of extraterritoriality shall be resolved in each case
through diplomatic channels.
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III. General Principles of RSFSR Criminal Polic
6. Considered to constitute a social danger shall be any act or
omission that is directed against the Soviet system or that violates the
legal order established by the Worker-Peasant Regime during the period
of transition to a Communist system.
Note: An act'shall not be considered a crime if, although- "
formally exhibiting the elements of crime set forth in a section of the
Special Part of.Ithis'code,' it nevertheless does not constitute'a social
danger by: -virti'e , of its obvious., insignificance and the.absence of harm
ful consequences.
*7. Judicial corrective, medical, or medico-educational measures
of social defense shall be applied to persons who have committed acts
constituting a social danger or who. constitute a danger by virtue of their
connection with criminal elements or in view of their past activities.
8. If a specific act, when committed, constituted a crime in.ac-
cordance with Section 6 of this-code, but by the time it comes up for
investigation, or trial has lost its socially dangerous character by rea-
son of a change in the criminallaw or merely by virtue of a change in
the social or political situation, or if the person who committed the
act cannot, in 'a court's opinion, still be considered to constitute a
social danger, then such an act shall not entail the application of a
measure of social defense to the person who committed it.
9. Measures of social defense shall be applied for the following
purposes:
a. To prevent the commission of fresh crimes by persons who
have previously committed crimes;
b. To influence other unstable members of society;
c. To adjust persons who have committed criminal acts to con-
ditions of community life in the working people's state.
Measures of social defense shall not be applied for the purpose
of causing physical suffering or of degrading human dignity, and shall
not have as their object retribution, or punishment (vozmezdiye i kara).
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10. Measures of social defense of a judicial corrective nature
shall be applied to persons who have committed acts constituting a social
danger only when such persons:
a. Acted intentionally, that is, foresaw the socially dangerous
nature of the consequences of their acts, desired these consequences, or
deliberately allowed them to occur;
b. Acted negligently, that is, did not foresee the consequences
of their acts, even though they ought to have foreseen them, or light-
mindedly hoped to avert these consequences.
11. Measures of social defense of a judicial corrective nature shall
not be applied to persons who have committed crimes in a state of chronic
mental illness or of temporary mental derangement, or in any other path-
ological . state,,-provided that such persons were unable to realize the
significance of their actions or to control them; nor shall such measures
be applied to persons who, although they acted in.a state of mental bal-
ance, are suffering from mental illness at the time sentence is to be
passed.
Measures of social defense of a medical nature only may be
applied to these persons.
Note. This section shall not apply to persons who commit crimes
in a state-of intoxication.
*12. Minors who have reached the age of 12 years and who prove to
have committed larceny, violence, bodily injury, mayhem, homicide, or
attempted homicide, shall be subject to prosecution in a criminal court
and to the application of all kinds of punishment. (RSFSR Laws 1936,
Law No 1, dated 25 November 1935)
13. Measures of social defense shall in no case be applied to per-
sons who commit acts covered by criminal law if a court determines that
the acts committed by them constituted necessary defense (neobkhodimmya
oborona) against infringements of Soviet authority or of the person or
rights of an individual defending himself or another person, provided
that the limits of necessary defense were not exceeded.
Measures of social defense shall not be applied when these acts
were committed in order to ward off danger that could not have been averted
by other means in the particular circumstances, provided that the harm
caused thereby is less serious than the harm that was averted. (RSFSR
Laws 1927, law No 330, dated 6 June 1927)
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*14. Persons shall not be subject to criminal prosecution:
a. For a crime for which a court may sentence to confinement
for more than 5 years, if a period of 10 years has elapsed since the
crime was committed;
b. For a crime for which a court may sentence to confinement
for not more than 5 years, if a period of 5 years has elapsed since the
crime was committed;
c. For a crime for which a court may sentence to confinement
fora period of not more than one year, or;for which the law provides a
measure of social defense less severe than confinement, if 3 years have
elapsed since the crime was committed.
The statute of limitations shall apply (davnost' primenyayetsya)
if, during the period of time in question, no proceedings (proizvodstvo)
are taken on the given case. The operation of the statute of limitations
shall be interrupted if., during the course of'the designated period of
limitation (srok davnosti), the person who committed the crime in question
either commits another similar or equally serious crime or evades in-
vestigation or trial; in such cases, the period of limitation shall be
calculated from the day on which the second crime is committed or from
the day on which suspended proceedings are resumed. (RSFSR Laws 1927,
Law No 330, dated 6 June 1927)
Note 1. In cases of prosecution under criminal law for counter-
revolutionary crimes, application of the statute of limitations shall in
each instance be left to the discretion of the court; however, if the
court does not admit application of the statute of limitations and passes
a sentence to death by shooting for the crime in question, this sentence
must be cor:-ntnztk-,d to one of declaration to be an enemy of the working
people, with deprivation of union-republic and USSR citizenship and ban-
ishment for life from the USSR,. or to one of confinement for a period
of not less than 2 years. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
Note 2, With regard to persons prosecuted under criminal law
for having acted against and actively combated the worker class and the
revolutionary movement while holding responsible or secret positions
under the Tsarist Regime or under counterrevolutionary governments during
the Civil War, the questions of applying the statute of limitations and
of commuting sentences .to death by shooting shall be(left to the discretion
of the court. (RSFSR Laws 1927, Law No 330, dated 6 June 1927)
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Note 3. The periods of limitation established by this section
shall not extend to acts which are subject' n accordance with this code
to punishment by administrative action; punishment for such acts may not
be imposed after the expiration of one month from the date of their com-
mission. (RSFSR Laws 1927, law No 330, dated 6 June 1927)
15, A sentence shall not be carried out at all if it has not been
executed within a period of 10 years from the date on which it was passed.
16. If a given act which constitutes a social danger is not directly
specified by this code, the basis and limits of liability to punishment
therefor shall be determined by analogy with the sections of the code
that deal with crimes of the most nearly similar nature.
'17. Measures of social defense of a judicial corrective nature shall
be equally applied to persons who commit a crime, the principals, and'to
their accessories (souchastniki), the instigators and the accomplices.
Instigators (podstrekateli) are persons who induce others to
commit crimes
Accomplices (posobniki) are persons who assist in committing
a crime by giving advice or instructions, providing means,.removing ob-
stacles to commission, or concealing a criminal or the traces of a crime.
*18. Measures of social defense of a judicial corrective nature shall
be applied to each of the accessories with due regard to the extent of
his participation in the given crime and to the question of how great a
.danger he and the crime committed constitute.
Failure to inform the authorities of a crime that has been com-
mitted or is in preparation shall be punished by applying measures of
social defense of a judicial corrective nature only in cases specially
indicated in this code.
*19. Any attempt to commit a crime, and any act preparatory to the
commission of a crime, as manifested by the procurement or adaptation of
instruments and means, or by the establishment of conditions for commission
of the crime, shall be prosecuted as though a crime had been committed.
In selecting a judicial corrective measure of social defense in such cases,
Court must be guided by the degree of danger which the person who at-
tempted or prepared to commit the crime constitutes, by the degree of
preparation to commit the crime, by how nearly it approached being com-
mitted, and by consideration of the reasons owing to which the crime was
not carried to conclusion.
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In cases where a crime has not been carried to conclusion
because the person who had. intended to commit it voluntarily renounced
doing so, a court shall fix an appropriate measure of social defense in.
respect of the acts actually committed by the person who attempted or
made preparations to commit the crime,
Persons Who Have Committed a Crime
**In decrees of the TsIK and Sovnarkom USSR, beginning with
the decree of 8 June 1934, "On Supplementing the Statute on
State Crimes (counterrevolutionary crimes and crimes against
public administration deemed especially dangerous to the USSR)
With Sections on Treason" (USSR Laws 1934, No 255), instead of
the term "measure of social defense of a judicial corrective
nature," (mera sotsial'noy zashchity sudebno-ispravitel'nogo
kharaktera) the term "punishment" (nakazaniye) is employed.
*20. Measures of social defense of a judicial corrective nature
shall consist of:
a, Declaring a convicted person to be an enemy of the working
people, depriving him of union-republic and USSR citizenship, and sub-
jecting him to mandatory banishment from the USSR;
b. Confinement in corrective labor camps.(ispravitel?no-
trudovyyelageri) in remote areas of.,the USSR [Comment. A Soviet official
journal (Partiynaya Zhizn, No 4+, 1957)"statedd that it had been decided
to reorganize corrective labor camps into corrective'labor colonies.];
c. Confinement in general places of confinement (obshchiye
mesta zaklyucheniya) [Comment. All places of confinement other than
corrective labor camps. See Section 280]
do Corrective labor work without confinement (ispravitel'no-
trudovyye raboty bez lisheniya svobody);**
**In accordance with the fact that the RSFSR Corrective Labor
Code, approved by VTsIK and Sovnarkom RSFSR on 1 August 1933
(RSFSR Laws 1933, Law No 208), replaced the term "forced labor"
(prinuditel'nyye raboty) with the term "corrective labor work"
(ispravitel'no-trudovyryre raboty), and that in the bulk of sub-
sequent legislative enactments, particularly in amendments to
the Criminal Code, this substitution has also been made (RSFSR
Laws 1931,4 Laws No 51, 157, 259, and others), it has been em-
ployed throughout the text of this code.
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of Social Defense** Applied Under the Criminal Code to
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eo Deprivation (loss) of political and certain civil rights;
f. Banishment from (udaleniye iz predelov) the USSR for a
specified period of time;
g< Banishment froth the RSFSR or from a given place, with or
without compulsory residence (obyzatel'noye poseleniye) in another place,
or with or without prohibition of residence in certain places;
ho Dismissal from an official position, with or without a
prohibition against occupying a specified position;
i. Prohibition to engage in a given activity or trade;
J. Public censure (obshchestvennoye poritsaniye);
ka Confiscation of property, as a whole or in part;
1. Pecuniary fine;
m< Imposition of the obligation to repair damage (obyazannost"
zagladit' prichinennyy vred);
n, Admonition (predosterezheniye). (RSFSR Laws 1930, Law No
344, dated 20 May 1930)
Note. The Supreme Court of the USSR, the Supreme Court of the
RSFSR, kray and oblast courts, railway and water transport courts,** and
military tribunals shall have the right to sentence persons convicted of
the more dangerous crimes to confinement in a prison. (RSFSR Laws 1936,
No 131, dated 20 September 1936)
**Now known as "line transport courts" (lineynyye transport-
nyye sudy)p [Comment: Line courts were abolished in 1957
See translation of Law in "Part 2, Supplementary Material,
II. Legislation." I
21. In order to combat the more serious types of crime, such as
threaten the foundations of the Soviet Regime and the Soviet system, in
cases specially provided for by the sections of this code, death by shoot-
ing** shall be applied as an exceptional measure of defense of the work-
ing people's state until abolished by TsIK USSR,***
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**See ukase of the Presidium, Supreme Soviet USSR dated
26 May 1947, "On Abolishing the Death Penalty" (p 99),
ukase of the Presidium, Supreme Soviet USSR of 12 January
1950, "On Applying the Death Penalty to Traitors, Spies,
Subversives, and Saboteurs" (p m00), and ukase of the Pres-
idium, Supreme Soviet USSR of 30 April 1954, "On Increas-
ing the Penalty for Murder" (p 100).
***In accordance with Section 32 of the USSR Constitution,
the legislative power of the USSR is exercised exclusively
by the Supreme Soviet USSR,
22, Persons who have not attained the age of 18 years by the time
a crime is committed, and women in pregnancy, shall not be sentenced to
death by shooting.
23. The basic measures of social defense of a judicial corrective
nature applicable to persons who have committed crimes are as follows-.
declaration to be an enemy of the working people, with all the conse
quences that sentence entails; confinement; and corrective labor work
without confinement.
The other measures of social defense specified in Section 20,
above, with the exception of admonition and confiscation of property,
may be applied either as principal measures of social defense or in com-
bination with principal measures as additional measures of social defense.
Confiscation of property may be applied by a court as an additional meas-
ure of social defense only in cases expressly provided for by sections
of this code. (RSFSR Laws 1930, Law No 344, dated 20 May 1930)
24. Measures of social defense of a medical nature shall consist
a. Compulsory medical treatment;
b. Placement in a curative establishment (lechebnoye zavederiiye),
combined with isolation.
25. Measures of social defense of a medico-educational nature shall
consist of:
ao Placement of minors under the care of parents, adopted
parents, guardians (opekuny) popechiteli), or relatives, if such persons
are able to support them, or under the care of other persons or institu-
tions;
b. Placement in special medico-educational institutions.
(RSFSR Laws 1928, Law No 38, dated 20 December 1927)
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26, Measures of social defense of a medico-educational or medical
nature maybe applied by a court if it deems the application of a measure
of social defense of a judicial corrective nature inappropriate in the
given case, or they may be applied to supplement the latter if measures
of social defense of a medico-educational or medical nature have not been
applied by the proper agencies prior to the taking of judicial action.
*27. Declaration to be an enemy of the working people and banishment
from the USSR, in combination with deprivation of union-republic and
USSR citizenship, may be imposed only for life. (RSFSR Laws 1927, Law
No 330, dated 6 June 1927)
#28, Persons may be sentenced to confinement for periods of from
one to 10** years, and in cases involving espionage, wrecking, or sabo-
tage (Sections 58-la, 58.6, 58?7, and 58-9 of this code) to confinement'
for longer periods, but not exceeding 25 years.
**See ukases of the Presidium, Supreme Soviet USSR, dated
1. June 1917 (p 101), 9 June 1947 (p 108), 4 January 194
(p 116) , and 10 January 1.955 (p 1.03)
Confinement for terms of less than 3 years shall be served in
general places of confinement. Confinement for terms of 3 years or more
shall be served in corrective labor camps.
In exceptional cases, if a court considers that a person sen-
tenced to confinement-for a term of 3 years or more is obviously unfit
for physical labor or that'the degree of social danger which he constitutes
does not necessitate his being sent to a corrective labor camp, it may,
by inserting a special provision to that effect in the sentence, substi-
tute incarceration in a general place of confinement for confinement in
a corrective labor camp. (RSFSR Laws 1930, Law No 314, dated 20 May 1930;
1938, Law No 11+1, dated 20 May 1938)
Note 1. Rescinded. (RSFSR Laws 19313., Law no 171, dated 5 July
19313.)
Note 20 Execution of a sentence to confinement without loss
of rights passed in time of war on a serviceman may, by decision of the
court. that passed the sentence, be deferred until the and of the war, on
condition that the sentenced person be sent to active military duty.
If the servicemen referred to in the first part of this note
prove themselves, while on active duty to be staunch defenders of the USSR,
pursuant to the petition of the appropriate military commander they may
be relieved of the previously designated measure of social defense, or it
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may be commuted to a lighter measure of social defense by decision of
the court that passed the sentence. (RSFSR Laws 1928, Law No 816, dated
Law. No 749, dated 30 November 1930; 1934, Law No
1 October 1928; 1930,
174, dated 5 July 1934)
*29. Time spent in pretrial confinement (predvaritel'noye zaklyuch-
eniye), and time spent in confinement from the moment sentence is passed
until it becomes final and executive, shall be reckoned as part of the
term of confinement designated by a court
In case a court imposes a measure of social defense of a Judi-
cial corrective nature other than confinement, it shall have the right,
taking into consideration the time spent in pretrial confinement, corre-
spondingly to mitigate the measure of social defense it elects, or to
decree full remission of the measure of social defense. specified in the
judgement.
The terms of persons sentenced to corrective labor work shall
be reduced at the rate of 3 days of corrective labor work for one day of
[pretrial] confinement.
*30. Corrective labor work without confinement may be imposed for
periods of from one day to one year.
Time spent in serving a sentence to corrective labor work --
including that performed at a convicted person's place of employment --
shall not count toward general occupational seniority (ne zaschityvayetsya
v obshchiy trudovoy stazh), toward time required to be spent in a status
of apprenticeship (v stazh dlya opredeleniya kvalifikatsii), or toward
length of service necessary to qualify under USSR and RSFSR legislation
for pensions and other benefits and.privileges (seniority increases in
pay, extra leave, etc.).
Payment of seniority increases in pay shall be suspended while
a sentence to corrective labor work is being served. (RSFSR Laws 1935,
Law No 192, dated 20 August 1935)
Note. Corrective labor work without confinement shall be applied
neither to junior, intermediate, senior, nor higher regular commanding
personnel [noncommissioned and commissioned officers] of the Worker-Peasant
Red Army on extended extra-term: service, nor to rank-and-file and
junior commanding personnel (privates and noncommissioned officers] of
the Worker-Peasant Red Army on regular-term service. Rather than being
sentenced to corrective labor work, such military personnel shall be sub-
ject to being held under arrest for periods not exceeding 2 months, to
be served in the manner prescribed for the serving of disciplinary arrest
by military personnel. (RSFSR Laws 1930, Law No 749, dated 30 November
1930)
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31. Deprivation of political and certain civil rights shall consist
in deprivation of:
ao The right to vote and to be elected;
b. The right to occupy elective office in public organizations;
c. The right to hold one or another government office;
d< The right to bear titles of honor;
e. Parental rights;
f. The right to receive pensions paid on account of social
insurance and social security; or to receive unemployment relief paid on
account of social insurance,**
**As a result of the liquidation of unemployment, the correr
sponding part of Clause f is no longer effective.
Deprivation of rights may be imposed either as regards the
aforementioned rights as a whole or,as regards particular categories of
those rights.
Deprivation of parental rights may be imposed by a court only
in cases where it is established that the convicted person has abused
such rights.
Deprivation of the right to receive a pension shall be imposed
by a court only in the following cases:
ao Sentence for commission of a state crime (Chapter 1 of the
Special Part of this Criminal Code);
bo Sentence, for commission of a mercenary crime, to confine-
ment, or to banishment with compulsory residence in a given place (as a
principal measure of social defense);.
C. Confiscation of all property, imposed as an additional
measure of social defense;
do Conviction in time of peace of committing any of the military
crimes covered by Sections 193-3, 193-4, 193-7, 193-9, 193-12, 193-13,
193-17, and 193-20 to 193-28, or in time of war of committing any of the
crimes covered by Chapter IX of this code (On Military Crimes). (USSR
Laws 1930, Law No 388, dated 30 June 1930; Law No 763, dated 20 November
1930)
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32. No penalty shall be imposed involving deprivation of rights
for a period of more than 5 years.
When applied as a measure of social defense in addition to.con-
finement, deprivation of rights shall extend for the entire period of
confinement and, in addition, for such period as shall be prescribed in
the sentence.
*33. The. deprivation of rights provided for by Clauses a, b, and c
of Section 31 shall be accompanied by deprivation of all orders of the
USSR and RSFSR. In such cases, when a sentence becomes final and ex-
ecutive, the court shall submit a'proposal to that effect to the Presidium
of TsIK USSR or to VTsIK,** as appropriate.
**The question of awarding orders lies within the competence
of the Presidium, Supreme Soviet USSR.
Deprivation of other marks of distinction and of titles of
honor shall be effected, by sentence of a court. (RSFSR Laws 1930, Law
No 504, dated 20 August 1930)
34. Deprivation of rights may be imposed either as a principal
or as an additional measure of social defense.
A court shall consider the question of deprivation of rights
in all cases where a sentence to confinement for more than a year has
been imposed.
Deprivation of rights shall not be combined with a suspended
sentence or with a public reprimand. (RSFSR Laws 1929, Law No 854, dated
6 December 1929)
35. Banishment from the RSFSR or from a given place, with or with-
out compulsory residence or prohibition of residence in a given place or
places, involving or not involving corrective labor work, may be applied
by a court to convicted persons whose continued presence in a given place
the court deems to constitute a social danger.
Banishment from the RSFSR or from a particular place, with
compulsory residence in another place, shall be imposed for a period of
from 3 to 10 years; this measure may be imposed as an additional measure
of social defense only for a period not exceeding :5 years. Banishment
from the RSFSR or from a given place, in combination with compulsory res-
idence in a given place and corrective labor work, shall be imposed only
as a principal measure of social defense. Banishment from the RSFSR or
from a given place, combined with prohibition against residence in certain
other places, or without such a restriction, may be imposed for a period
of from one to 5 years.
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If one of these measures is imposed by a court in addition to
confinement, application of the additional measure shall begin when the
term of confinement has been served.
Persons who are sentenced to banishment from a given place with
compulsory settlement in a given place and who are serving sentences to
confinement in corrective labor camps, shall, upon expiration of the
term. of confinement, reside in the area in which the camp is located
(rayon lagerya) until the period during which they are deprived of the
right freely to choose their place of residence has expired. They must
be assigned land or given paid work.
Neither banishment from the RSFSR nor any form of banishment
from particular places shall be applied to persons under the age of 16
years. (RSFSR laws 1930, Law No 344, dated 20 May 1930)
36. Persons may be banished from the confines of the USSR and the
RSFSR for a specified (limited) period of time (na srok) only under spe-
cific provisions of all-union legislation.
Banishment from a given place combined with compulsory residence
in another place may be imposed by a court only in cases of conviction
of crimes covered by.Sections 58-2 to 58-14; 59-2, Paragraph 1, Clause a;
59-3; 59-3a; 59-3b; 59-7; 59-8, Paragraph 1; 59-9; 59-10; 59-12; 61} Para-_
graph 3; 73-1; 74, Paragraph 2; 104; 10`f; 116,. Paragraph 2; 117, Para-
graph 2; 118; 129; 129-a; 136; 140, Paragraph 2; 142, Paragraph 2; 153,
Paragraph 2; 155; 162, Clauses b, c, d, and e; 164, Paragraph 2; 165,
Paragraph 3; 166; 167; 169, Paragraph 2; 173; and 175, Paragraphs 2 and
30
The places in which compulsory residence may be prescribed
shall be. established. with regard.. to persons sentenced to exile without
corrective labor work, by the Main Administration of Militia and Criminal
Investigation under the Sovnarkom RSFSR with the concurrence of the Peo-
ple's Commissariat of Justice RSFSR; and with regard to persons sentenced
to exile at corrective labor work, by the People's Commissariat of Justice
RSFSR, (RSFSR Laws 1931, Law No 102, dated 15 February 1931; Iaw No 247,
dated 30 May 1931)
37. Dismissal from an official position shall be imposed if a court
considers it inadmissible to permit a convicted person to remain in the
position he occupied at the time of conviction or at the time the crime
was committed, and this penalty may be accompanied by a prohibition against
occupying that or any other spe(.'.,oted position for a period not exceeding
5 years.
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38o Prohibition against engaging in a given activity or trade for
a period not exceeding 5 years shall be imposed by a court in cases where
the court considers it inadmissible to permit the convicted person to
engage any longer in the exercise of his profession or trade, by reason
of abuses committed by him therein.
In particular, a court has the right to forbid a convicted
person to assume any obligations regarding government contracts or sup-
plies, to make agreements with state or public enterprises and institu-
tions, or to manage, either for his on account or on behalf of others,
any trading or agency undertaking.
39. Public censure shall consist in a public expression of con-
demnation addressed to a convicted person in the name of a court,
*40. Confiscation of property shall consist in compulsory and un-
compensated alienation in favor of the state of all or of a precisely
specified part of the property of a convicted person, as determined by
a court; the property subject to confiscation shall be the property of
the convicted person or his personal share in property held in common.
Not subject to confiscation shall be such articles of domestic
use as are indispensable to a convicted person and his family, and the
equipment for small-scale handicraft, artisan, or agricultural production
that serves him as a livelihood.
The value of food and money left in the possession of a con-
victed person and his family,shall not total less than the average 3-
month wages of a worker in the given locality for each member of the
family.
The tools required for a convicted person's occupation may be
confiscated only in cases where a court decides to deprive the convicted
person of his right to engage in that occupation.
Note 1. The only property on Kulak farms not subject to con-
fiscation shall be that specified in Section 3 of the list of kinds of
property on which exactions of tax arrears and nontax payments may not
be levied that was approved by the Sovnarkom RSFSR on 3 March 1953 -
RSFSR Laws 1933, No 530I* (RSFSR Laws 1933, Law No 77, dated 1 April
1933)
**Section 3 of the Sovnarkom RSFSR decree dated 3 March 1933
has been rescinded.
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Note 2. When property is confiscated in connection with the
failure of individual farmers to fulfill compulsory state deliveries in
kind or to make monetary payments, the only property of private farmers
not subject to confiscation shall be as follows. one dwelling house,
fuel necessary for heating the living quarters thereof, everyday wearing
apparel for winter and summer, footwear, personal and household linens,
and other articles of domestic use that are indispensable to the convicted
person and his dependents. (RSFSR Laws 1934, Law No 267, dated 1 .December
193+)
*1 In confiscating property, the state shall not be liable for
any debts or obligations of a convicted person if these arise after in-
vestigative or judicial organs have taken measures to sequester the prop-
erty, and without their consent.
With regard to claims that are subject to payment out of con-
fiscated property, the state shall be liable only to the extent of the
assets. The order of priority in the settlement of claims shall be gov-
'erned by the rules laid down in Sections 99 and 101 of the RSFSR Civil
Code, and in Sections 266, 266-1, and 266-2 of the RSFSR Civil Procedural
Code.. (RSFSR Laws 1930, law No 210, dated 10 April 1930)
4+2, A fine is a pecuniary exaction imposed by a court within limits
prescribed by various sections of this code, but when a fine is imposed
as an additional measure of punishment, the amount shall be left to the
discretion of the court.
In any case, the amount of a fine shall be fixed with due re-
gard to the financial standing of the convicted person.
In imposing a fine, a court may specify that if it is not paid,
corrective labor work without confinement shall be substituted for it at
the rate of one month of corrective labor work per 100 rubles of fine.
Confinement shall not be substituted for a fine, nor shall a fine be sub-
stituted for confinement.
Articles not subject to confiscation shall not be seized pur-
suant to the imposition of a fine.
4+3. An admonition shall be imposed by a court only in cases where,
despite a finding of not guilty, the court considers that the acquitted
person's conduct nevertheless gives reason to apprehend that he may commit
a crime in the future.
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*1i.li The obligation to repair damage shall be imposed on a convicted
person when the court considers it expedient that the person himself shall
remove the consequences of the violation of law he has committed or of
the harm caused to the injured party,
This measure of social defense shall not, however, exceed in
severity the measure of social defense imposed by the judgement as the
basic penalty.
V. On Procedures for Applying Measures
Corrective Nature
*45, In imposing measures of social defense of a judicial corrective
nature on a convicted person, a court shall be guided by:
a. The instructions contained in the General Part of this code;
b. The limits of the penalty specified in the section of the
Special Part of this code that deals with the particular kind of crime;
co Its socialist concept of law (sotsialisticheskoye pravosoz
nannye), proceeding from its estimate of the social danger constituted by
the crime'dommitted, the circumstances of the case, and the personality
of the offender.
46. The crimes dealt with in this code are classified as follows:
a. Those directed against the foundations of the Soviet system
established in the USSR by the power of the workers and peasants, and
therefore considered to be the most dangerous;
bo All other crimes.
For crimes of the first category, the code establishes the least
severe measures of social defense of a judicial corrective nature that
a court may impose.
For all other crimes, the code establishes only the most severe
measure of social defense that a court may impose.
*47. The basic question to be resolved in each particular case is
that of the degree of social danger constituted by the crime under con-
sideration.
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In this connection, in the selection of one or another of the
measures of social defense provided for by the code, the following shall
be deemed to constitute aggravating circumstances (otyagchayushchiye
obstoyatel'stva):
a. That a crime. was committed with the object of restoring
bourgeois rule;
bo That the commission of a crime might have harmed the inter-
ests of the state or of the working people, even though the crime was
not specifically directed against the interests of either;
ca That a crime was committed by a group or band of persons;
c-la That a crime was committed by a person who had previously
committed a crime, except in cases where such person is considered not
to have a criminal record (Section 55), or when the applicable-period of
limitation has elapsed since the first crime was committed or since sen-
tence was passed (Sections 14 and 15). In this case, however, the court
shall have the right, depending on the nature of the first crime, not
to consider it an aggravating circumstance;
motives;
do That a crime was committed from mercenary or other base
ee That a crime was committed with especial cruelty, violence,
or cunning, or against persons who are subordinate to the criminal, or
who are under his charge, or who are peculiarly helpless by virtue of age
or other circumstances, (RSFSR Laws 1927, Iaw No 330, dated 6 June 1927;
1930, Law No 240, dated 10 April 1930)
48. In electing a measure of social defense, the circumstances
shall be considered extenuating if a crime was committed:
a. In order to defend against infringement the Soviet regime,
the revolutionary legal order, or the person and rights of the individual
defending himself'or someone else, even though the limits of action nec-
essary for self-defense were exceeded;
b. As a first offense;
co From motives neither mercenary nor otherwise base;
do Under the influence of threats, coercion, or occupational
or financial dependency;
e. Under the influence of a serious mental disturbance;
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fo When in a state of hunger or destitution, or under the in-
fluence of a combination of serious family or personal circumstances;
g. Through ignorance, inadequate comprehension (nesoznatel'-
nest'), or an accidental. combination of circumstances;
h. By a minor or by a pregnant woman. (RSFSR Laws 1927, Law
No 330, dated 6 June 1927)
*14.9. If the act committed by an accused person comprises elements
of more than one crime, or. if the accused has committed a number of crimes
for which sentence has not been imposed, after electing an appropriate
measure of social defense for each crime individually, the court shall
impose the final sentence under the section of this code dealing with the
most serious of the crimes committed and prescribing the most severe
measure of social defense,
50. Rescinded. (RSFSR Laws 1936) Law No 1, dated 25 November 1935)
51. If, owing to the exceptional circumstances of a case, a court
concludes that it is necessary to elect a measure of social defense less
severe than the minimum prescribed in the relevant section of this code
or that it is necessary to adopt another and less severe measure of social
defense not prescribed by that section, such a departure may be allowed,
but only on condition that the precise grounds for the departure are set
forth in the sentence.
The same rule shall apply in cases in which a court, at the
time of the trial, considers that the accused does not constitute a social
danger and does not impose on him any measure of social defense whatso-
ever. (RSFSR Laws 1930, Law No 210, dated 10 April 1930)
52, The right completely or partially to remit application of a
measure of social defense to a convicted person in cases other than those
provided for by this code shall belong exclusively.to the Presidium of
VTsIK** with regard to the sentences of all judicial organs of the RSFSR,
(RSFSR Laws 1930, Law No 24+0, of 10 April 1930)
**The right to pardon (pravo pomilovaniya) now belongs to the
Presidium, Supreme Soviet USSR (Clause J, Section 49 of the
USSR Constitution) and (regarding persons convicted by RSFSR
judicial organs) to the Presidium, Supreme Soviet RSFSR
(Clause i, Section 33 of the RSFSR Constitution).
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VI, Suspension of Sentences and Release on Parole**
**Changes were introduced by the ukase of the Presidium,
Supreme Soviet RSFSR of 2 September 1954, "On Adding to
the Criminal Code of the RSFSR Section 54+-1 on Release on
Parole From Places of Confinement,"
:*53, If a court concludes that the degree of [social] danger con-
stituted by a convicted person does not absolutely require that he be
isolated or perform corrective labor work, it shall have the right to
impose a suspended sentence.
In such cases, a court shall order that sentences not be executed
unless the convicted person commits another equally or more serious**
crime during a period of time specified by the court. This period shall
not be of less than one year, nor of more than 10 years.
**See appended commentary on Section 550
Note. A pecuniary or property penalty imposed as an additional
measure of social defense in conjunction with confinement or corrective
labor work shall be executed in the normal manner, notwithstanding that
the basic measure of social defense has been suspended.
51h When a person who has received a suspended sentence commits a
fresh crime within the period of probation, a court shall have the right
either to add all or part of the suspended measure of social defense to
that imposed in the new case, or to apply to the convicted person only
the measure of social defense imposed for the second crime. In the former
case, however, the total term of confinement shall not exceed 10 years
nor the term of corrective labor work one year. (RSFSR Laws 1930) Law
No 240, dated 10 April 1930)
*54-lo Persons sentenced to serve terms of punishment in places of
confinement who demonstrate by an honest attitude toward work and ex-
emplary behavior that they have reformed, may, after serving not less than
two thirds of the term of punishment, be paroled.
Parole shall take the form either of release from further service
of a measure of punishment or of commuting it to a lighter measure of
punishment, which question shall be decided by a court at the place where
the convicted person is confined on the basis of the recommendation of
the administration of the place of confinement,
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If, during the unserved part of his term, a parolee commits
a fresh crime that is punishable by confinement, a court shall have the
right to add the unserved part of his term to the measure of punishment
it designates for the new crime.
In such cases, the total term of confinement shall be estab-
lished in accordance with legislation in force. (Ukase of the Presidium,
Supreme Soviet RSFSR dated 2 September 1954)
55, The following shall be consideredrnt to have a criminal record:
a. Persons acquitted by a court;
b. Persons given suspended sentences who do not commit another
equally or more serious** crime during the period of probation prescribed
by a court;
**See appended commentary on Section 55,
c. Persons sentenced to confinement for a term not exceeding
6 months, or to any other lighter measure of social defense, who, during
a period of 3 years from the date on which the measure of social defense
applied to them is- served out, do not commit another equally or more
serious crime; and persons sentenced to confinement for a term exceeding
6 months, but not exceeding 3 years, who do not commit another and not
less serious** crime during a period of 6 years. (RSFSR Laws 1927, Law
No 330, dated 6 June 1927)
**See appended commentary on Section 55,
56. Rescinded.
57. Rescinded.
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SPECIAL PART
CHAPTER I. STATE CRIMES-9?
**Chapter I became effective at the time that the Statute
on State Crimes, adopted on 25 February 1927 by the third ses-
sion of the third convocation of TsIK USSR, came into force,
(USSR Laws 1927, law No 123)
1. Counterrevolutionary Crimes
58-1, Considered counterrevolutionary shall be any act intended to
overthrow, undermine, or weaken the power of the workers' and peasants'
soviets, or of the workers' and peasants' governments of the USSR and
the union and autonomous republics elected by the soviets in accordance
with the USSR and union-republic constitutions, or to undermine or weaken
the external security of the USSR or the basic economic, political, and
national conquests of the proletarian revolution.
By virtue of the international solidarity of the interests
of all the working people, such acts shall also be considered counter-
revolutionary if directed against any other working people's state, even
if that state does not form part of the USSR. (RSFSR Laws 1927, law No
330, dated 6June 1927)
58-la, Treason, that is, acts committed by citizens of the USSR to
the detriment of the military power of the USSR, its independence as a
state, or the integrity of its territory, such as espionage, betrayal of
a military or state secret, defection to the enemy, or fleeing abroad by
surface or air, shall be punished by,.
The supreme measure of criminal punishment,. death by
shooting, with confiscation of all property, or, if there
are extenuating circumstances, confinement for a period
of 10 years,** with confiscation of all property. (RSFSR
Laws 1931+, , Law No 173, dated 20 July 1931)
**See Section 28.
58-1b, These same crimes, if committed by any person in military
service, shall be punished by the supreme measure of criminal punishment.
death by shooting, with confiscation of all property, (RSFSR Laws 1931+,
Law No 173, dated 20 July 1934)
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58-1c. If any person in military service flees abroad, by surface
or by air, those adult members of his family who in any way assisted in
the preparation or commission of the treasonous act, or who had knowledge
of it but failed to report it to the authorities, shall be punished by.
Confinement for a period of from 5 to 10 years, with con-
fiscation of all property.
All other adult members of a traitor's family who resided
with him or were dependent on him at the time the crime was committed
shall be deprived of electoral rights and exiled to a remote region in
Siberia for a period of 5 years. (RSFSR Laws 1934, Law No 173, dated
20 July 1934
,58-ldo Any person in military service who fails to inform the author-
ities of the preparation or commission of a treasonous act shall be pun-
ished by:
Confinement for a period of 10 years.
The failure'of any other citizen (of a person not in military
service) to inform the authorities on the same score-, shall be punished
under Section 58-120 (RSFSR Laws 1934, Law No 173', dated'20 July 1934
58-2e Any armed uprising, any invasion of Soviet territory by armed
bands for counterrevolutionary purposes, any seizure of power for such
purposes at the center or in local areas, and, in particular, with the
object of forcibly detaching from the USSR or from any individual union
republic thereof any part of its territory or of breaking any treaty con-
cluded by the USSR with any foreign state, shall be punished by:
The supreme measure of social defense- death by shooting,
or declaration to be an enemy of the working people, with
confiscation of property, deprivation of union-republic
and USSR citizenship, and banishment for life from the
territory of the USSR; if, however, there are extenuating
circumstances, penalty may be reduced to confinement for
a term of not less than 3 years, with confiscation of all
or a part of property. (RSFSR Laws 1927, Law No 330,
dated 6 June 1927)
58-3. Communication with any foreign power or with any of its indi-
vidual representatives for counterrevolutionary purposes, or aiding in
any manner a foreign power that is in a state of war with the USSR or
carrying on a struggle against it by means of intervention or blockade,
shall be punished by:
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The measures of social defense specified in Section 58-2
of this code. (RSFSR Laws 1927, Law No 330, dated .6
June 1927)
58-4. The rendering of assistance of any kind to that part of the
international bourgeoisie which, while refusing to recognize the equality
of rights of the Communist system which is replacing the capitalist
system, seeks to overthrow it, or the rendering of assistance of any kind
to social groups and organizations under the influence of or directly
organized by this bourgeoisie in carrying on hostile activities directed
against the USSR, shall be punished by:
Confinement for a period of not less than 3 years and
confiscation of all or a part of property, provided that,
when there are especially aggravating circumstances,
penalty may be increased up to the supreme measure of
social defense. death by shooting, or declaration to be
an enemy of the working people, with'deprivation of union-
republic and USSR citizenship, banishment for life fr?m
the territory of the USSR, and confiscation of property.
(RSFSR Laws 1927, Law No 330, dated 6 June 1927)
58-5. Inducing a foreign state or any social group in it, by com-
municating with their representatives or utilizing spurious documents,
or by any other means, to declare war on or engage in armed intervention
in the affairs of the USSR, or to engage in any other hostile act, es-
pecially: blockade, seizure of USSR or union-republic state property,
severance of diplomatic relations, recision of any treaty concluded with
the USSR, and the like, shall be punished by:
The measures of social defense specified in Section 58-2
of this code. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
58-6, Espionage, that is) the transmission, or the theft or collection
for the purpose of transmission, to foreign states, counterrevolutionary
organizations, or private persons, of information that is by virtue of
its content a specially protected state secret, shall be punished by.
Confinement for a period of not less than 3 years and
confiscation-of all or a part of property, or-- in cases
in which the espionage has caused or might have caused
especially grave consequences to the interests of the
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USSR -- either the supreme measure of social defense,.
death by shooting, or declaration to be an enemy of the
working people, with deprivation of union-republic and
USSR citizenship, banishment for life from the territory
of the USSR, and confiscation of property.
Transmission, theft, or collection for the purpose of trans-
mission to the organizations and persons specified above -- whether for
remuneration or gratuitously -- of economic information that by virtue
of its content does not constitute a-specially protected state secret,
but which is not subject to disclosure by virtue of direct legislative
prohibition or of regulations issued by the director of a governmental
department, institution, or enterprise, shall be punished by,.
Confinement for a period not exceeding 3 years, (RSFSR
Laws 1927) Law No 330, dated 6 June 1927)
Note 1, Considered to be specially safeguarded state secrets
are the kinds of information enumerated in a special list approved by
the Sovnarkom USSR with the concurrence of union-republic sovnarkoms and
published for general information. (RSFSR Laws 1927, Law No 330, dated
6 June 1927)**
**See decree of the Council of Ministers USSR dated 8 June
1947 (p .109) o
Note 2, Section 193-24 of this code shall apply to acts of
espionage committed by persons specified in Section 193-1 of this code.
(RSFSR Laws 1928, Law No 108, dated 9 January 1928)
*58-7o Undermining, with counterrevolutionary intent, state industry,
transport, trade, monetary circulation, the credit system, or the cooper-
ative movement by using state institutions and enterprises or by working
against their normal activities; or using state institutions and enter-
prises or working against their activities in the interests of former
owners or interested capitalist organizations shall be.puniahedby,.
The measures of social defense specified in Section 58-2
of this code. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
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58-3, The commission of terroristic acts against representatives
of the Soviet regime or persons active in revolutionary workers' and
peasants' organizations, or participation in the accomplishment of such
acts, even on the part of persons who do not belong to counterrevolutionary
organizations, shall be punished by:
The measures of social defense specified in Section 58-2
of this code. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
*58-9, Destroying or damaging, with counterrevolutionary intent, by
means of explosives, fire, or any other method, any railway or other way
or means of transportation, means of public communication, water supply
system, public warehouse, or other installation, or state or public prop-
erty, shall be punished by.
The measures of social defense specified in Section 58-2
of this coded (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
58-10. Carrying on propaganda or agitation containing an appeal to
overthrow, undermine, or weaken the Soviet regime or to commit particular
counterrevolutionary crimes (Sections 58-2 to 58-9 of this code), or the
dissemination, preparation, or possession of literature of the same content,
shall be punished by:
Confinement for a period of not less than 6 months.
The same acts, if committed during a time of mass unrest, or
by utilizing mass religious or national prejudices, or in time of war,
or in localities declared under martial law, shall be punished by:
The measures of social defense specified in Section 58-2
of this code. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
58-11. Any kind of organizational activity that is directed toward
the preparation or commission of any of the crimes covered by this chapter,
or participation in any organization formed to prepare or commit one of
the crimes covered by this chapter, shall be punished by:
The measures of social defense specified by the applicable
sections of this chapter. (RSFSR haws 1927, Law No 330,
dated 6 June 1927)
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58-12. Failure of persons having credible knowledge of the prepara-
tion or commission of a counterrevolutionary crime to report to the au-
thorities shall be punished by,
Confinement for a period of not less thani 6 months.
(RSFSR Laws 1927, Law No 330, dated 6 June 1927)
58-13. Any action or active struggle against the worker class or the
revolutionary movement carried on by a person in a responsible or secret
post (undercover agent) under the tsarist regime or under counterrevo-
lutionary governments during the Civil War shall be punished by:
The measures of social defense specified in Section 58-2
of this code. (RSFSR Laws 1927) Law No 330, dated 6 June
1927)
*58-14. Counterrevolutionary sabotage (kontrrevolyutsionnyy sabo-
tazh), that is, deliberate non-performance of a definite duty, or its per-
formance with deliberate carelessness for the specific purpose of weaken-
ing governmental authority and'the operation c'the state machinery, shall
be punished by:
Confinement for a period of not less than one year and
confiscation of all or a part of property, provided that,
when there are especially aggravating circumstances,
penalty may be increased up to the supreme measure of
social defense-. death by shooting, with confiscation of
property, (RSFSR'Laws 1927, law No 330, dated 6 June
1927)
2. Crimes Against Public Administration That Are Es eciall- Dan erous
to the USSR
59-1. An act shall be considered a crime against public adminis-
tration if, although not directly intended to overthrow the Soviet regime
and the workers' and peasants' government, it nevertheless leads to a
disturbance of. normal operations of agencies of administration or of the
national economy (organy upravleniya ili narodnogo khozyaystva) and is
accompanied by resistance to governing organs (-organy viasti) or obstruc-
tion of their operations, disobedience to the laws, or any other act that
weakens the power or authority of the state.
0onsidered crimes against j"` ,i,:,)l` ic, adrr i tea .~.o:i eep ; i 7 y dan-
gerous to the USSR shalll be crimes c muitt :d agaainst p-blic administration
without counterrevolutic:,nary intent that n 'vezrth leas weaken the faundav
tions of the state earn s s" a,ti',ri and. ev, _. ;flc aright of the USSR and the
union republics y (RSFSR Laws 19r~ 7 p Law Nc 3al, dated 6 June 1927)
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59-2; Mass disorders accompanied by pogroms, destruction of rail-
ways or other means of. transportation and communication, murder, arson,
or any other such act shall be punished.w
a. With respect to the organizers and leaders of mass dis-
orders and to all participants who commit any of the aforementioned crimes
or offer armed resistance to the authorities, by:
Confinement for a period of not less than 2 years and
confiscation of all or a part of property, provided that,
when there are especially aggravating circumstances, the
penalty may be increased up to the supreme measure of
social defense. death by shooting, with confiscation of
property;
b> With respect to other participants, by,.
Confinement for a period not exceeding 3 years.
Mass disorders not aggravated by commission of any of the
aforementioned crimes, but accompanied by overt disobedience to the law-
ful demands of the authorities, or by opposition to the execution by-the
same of their duties, or by the exercise of force to make them execute
manifestly unlawful demands, shall be punished by.
Confinement for a period not exceeding one year. (RSFSR
Laws 1927, Law No 330, dated 6 June 1927)
*59-3. Banditry, that is, the organization of any armed band and
participation in it and in attacks organized by it on state or private
institutions or individual citizens, or in holding up trains or destroying
railways or other means of transportation and communication, shall be
punished by:
Confinement for a period of not less than 3 years and
confiscation of all or a part of property, provided that
when there are especially aggravating circumstances,
penalty may be increased, up to the supreme measure of
social defense: death by shooting, with confiscation of
property. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
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59-3a. Secret or open theft of firearms, parts of firearms, or
ammunition,**
**See ukase of the Presidium, Supreme Soviet USSR of 4 June 1947,
"On Liability to Criminal Prosecution for Theft of State and Public
Property" (p 101).
(a) From any warehouse or depot of the Worker-Peasant Red
Army, of the militarized guard (voyenizirovannaya okhrana) or the milit
tarized fire guard of enterprises and installations of special state sigx.
nificance, of the Worker-Peasant Militia, of the Office for Special Under-
water Work (Ei ON), of corrective labor institutions, of the home guard
(tylovoye opolcheniye), or of labor units composed of persons exempted
from military service because of religious convictions,** or (b) from
places in which there are permanently or temporarily stationed units of
the Worker-Peasant Red Army, the militarized guard and militarized fire
guard, the Office for Special Underwater Work, or the home guard and labor
units, or from corrective labor institutions -- in cases in which firearms,
parts of firearms, or ammunition are under guard or special supervision --
shall be punished by:
Confinement for a period of not less than one year, or,
in case the thieves employ violence endangering the lives
or health of persons discharging guard or supervisory
duties, confinement for a period of not less than 3 years,
provided that, when there are especially aggravating
circumstances, penalty may be increased up to the supreme
measure of social defense: death by shooting, with con-
fiscation of property, (RSFSR Laws 1934, Law No 102,
dated 20 April 1934)
**The Law on Universal Military Service, passed by the extraordinary
fourth session of the Supreme Soviet USSR on 1 September 1939) does
not provide for home guard or labor units composed of persons ex-
empted from military serviced
*59-3b. Destroying or damaging any railway or other means of com-
munication, any installation on the same, or any warning signal, item
of rolling stock, or vessel) for the purpose of wrecking a train or vessel,
shall be punished by:
Confinement for a period of not less than 3 years and
confiscation of all or a part of property, provided that,
when there are especially aggravating circumstances, the
penalty may be increased up to.the supreme measure of
social defense: death by shooting, with confiscation of
property. (RSFSR Laws 1929, Law No 513, dated 25 June
1929)
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*59-3c, Any violation by transport workers of labor discipline (vio-
lation of regulations concerning traffic, poor-quality repair work on
railway cars and tracks, and the like), if such violations result or might
have resulted in damage to or destruction of railway cars, tracks, or
installations, or in accidents involving human beings, the dispatch of
trains or vessels at the wrong time, in the accumulation of empty rail-
way cars at unloading points, or in allowing railway cars and vessels to
stand idle, or any other act resulting in a breach (nonfulfillment) of
the government's transportation plans or in jeopordizing the regularity
or safety of traffic, shall be punished by:
Confinement for a period not exceeding 10 years.
In cases in which these criminal acts are of an obviously
malicious nature, the supreme measure of social defense, with confiscation
of property, shall be applied. (RSFSR Laws 1931, Law No 103, dated
15 February 1931)
59-3d. Any violation by civil aviation or civil aeronautics workers
of their official duties (violation by the chief of an airport of the
rules on dispatching aircraft, departure from an airport without the
authorization of the chief thereof, violations of flight regulations, and
the like), if such violations result or might have resulted in damage to
or destruction of aircraft or ground installations, or in accidents in-
volving persons, shall be punished by.
Confinement for a period not 'exceeding 10 years, but, if
there are especially aggravating circumstances, by the
supreme measure of punishment. (RSFSR Laws 1936, Law No
2, dated 1 December 1935)
59-3e, Any violation of the regulations governing international
flight (unauthorized flights into or out of the USSR, failure to adhere
to authorized flight routes, landing places, air corridors, altitudes of
flight, etc.), provided that the criteria of treason or of other counter-
revolutionary crimes are absent, shall be punished by.
Confinement for a period of not less than one year, or a
fine not exceeding 10,000 rubles, with or without con-
fiscation of the aircraft. (RSFSR Laws 1936, Law No 2,
dated 1 December 1935)
59-4+o Evasion of the regular call-up to active military service
stall be punished by-
Corrective labor work for a period not exceeding one year.
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Evasion of the regular call-up to active military service, if
committed under aggravating circumstances, in particular by means of self-
inflicted bodily injury, malingering, forgery of documents, bribery of
officials, and the like, or under pretext of religious convictions,**
shall be punished by:
Confinement for a period not exceeding 5 years, (RSFSR
Laws 1931, Law No 46, dated 10 January 1931)
**The Law on Universal Military Service of 1 September 1939 does not
provide for exemption from military service on grounds of religious
convictions or for the organization of a home guard.
59-5. Evasion, in time of war, of call-up for service in home guard
or labor units on the part of persons assigned to the home guard or of
persons exempted from military service on grounds of religious convic-
tions** shall be punished by:
Confinement for a period of not less ;than. onp? yearb.
"('RSFSR . LaVrs" 1934, Law No :102-,1-dated 20. ?ApriT-,1934 )
**The Law on Universal Military Service of 1 September 1939 does
not provide for exemption from military service on grounds of reli-
gious convictions or for the organization of a home guard.
59-6. Evasion of or refusal to pay taxes or to fulfill state obli-
gations (particularlythe duty to surrender for military purposes horses,
automotive and horse-drawn vehicles, and vessels), if committed in time
of war, shall be punished by:
Confinement for a period of not less than 6 months, pro-
vided that, when there are especially aggravating cir-
cumstances, penalty may be increased, up to the supreme
measure of social defense: death by shooting, with con-
fiscation of property. (RSFSR Laws 1927, Law No 330,
dated 6 June 1927)
59-7. The carrying on of propaganda or agitation designed to arouse
national or religious enmity or discord, or the dissemination, prepara-
tion, or possession of literature of such a character, shall be punished
by:
Confinement for a period not exceeding 2 years.
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The same acts, if committed in time of war or on the occasion
of mass disturbances, shall be punished by:
Confinement for a period of not less than 2 years and
confiscation of all or a part of property, provided that,
when there are especially aggravating circumstances,
penalty may be increased up to the supreme measure of
social defense: death by shooting, with confiscation of
property. (RSFSR Laws 1927, Law No 330, dated 6 June
1927)
59-8. Counterfeiting (poddelka) or passing off counterfeit specie,
state treasury notes, bank notes of the State Bank of the USSR, state
securities, or foreign currency, if engaged in as a trade, shall be
punished by:
The supreme measure of social defense: death by shooting,
with confiscation of property, provided that, when there
are extenuating circumstances, sentence maybe reduced
to confinement for a period of not less than 2 years and
confiscation of all or a part of property.
Forgery of checks, receipts for deposits of money or securi--
ties, or certifications of letters of credit, if engaged in as a trade,
shall be punished by.
Confinement for a period of not less than 2 years and
confiscation of all or a part of property.
Counterfeiting or passing off counterfeit postal money orders,
railway or water travel tickets, or other passenger and freight transport
documents, if engaged in as a trade, shall be punished by:'
Confinement for a period not exceeding 3 years. (RSFSR
Laws 1930, law No 91, dated 10 February 1930)
*59-9. Compound smuggling kontrabanda) shall
be punished:
In addition to confiscation of contraband and imposition
of a fine by customs authorities, by confinement for a
period of not less than one year and confiscation of all
or a part of property, provided that, when there are es-
pecially aggravating circumstances, penalty may be in-
creased up to the supreme measure of social defense,
death by shooting, with confiscation of property. (RSFSR
Laws 1927, Law No 330, dated 6 June 1927)
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59-10. Assisting persons to cross the national frontiers illegally,
if engaged in as a trade or committed by any official, shall be punished
by:
Confinement for a period not exceeding one year. (RSFSR
Laws 1927, Law No 330, dated 6 June 1927)
59-11. Any violation of the Statute on the Foreign Trade Monopoly
shall be punished by.
Confinement for a period not exceeding 10 years, and
confiscation of all or a part of property. (RSFSR Laws
1927, Law No 330, dated 6 June 1927)
*59-12. Any violation of the regulations governing foreign ~ exchange
transactions shall be punished by:
Confinement for a period not exceeding 3 years and con-
fiscation of all or a part of property. (RSFSR Laws 1927,
Law No 330, dated 6 June 1927)
59-13. Failure on the part of any person having definite knowledge
of the preparation or commission of any of the crimes covered by Sections
59-2, 59-3, and 59-8 of this code to report to the authorities, shall be
punished by:
Confinement for a period not exceeding one year. (RSFSR
Laws 1927, Law No 330, dated 6 June 1927)
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CHAPTER II. OTHER CRIMES AGAINST PUBLIC ADMINISTRATION
60. Failure to pay taxes or levies for compulsory insurance within
the prescribed period of time, despite ability to pay,, if measures of ex-
action in the form of attachment of property or sale of attached property
at auction have been applied to the offender even once during the preced-
ing or current fiscal year, shall be punished;
For the first offense, by a fine equal to the arrears; for
the second offense, by corrective labor work for a period
not exceeding 6 months, or by a fine equal to twice the ar-
rears.
The same acts, if committed by a group of persons pursuant to
advance agreement among themselves, or if committed even in the absence
of advance agreement by persons connected with farms classified by ape-
eial legislation (on the basis of the Statute on the Single Agricultural
Tax) as kulak farms, or by persons subject to income tax in accordance
with Schedule 3, shall be punished by:
Confinement or corrective labor work for a period not ex-
ceeding one year, or by a fine not exceeding ten times the
amount of the payments due. (RSFSR Laws 1930, Law No 192,
dated 30 March 1930)
60-1. Failure to pay the special military tax on time on the part of
persons able to do so shall be punished by:
Corrective labor work for a period not exceeding 3 months,
or by a fine not exceeding three times the unpaid tax.
The same act, if committed by a person already convicted of
failure to pay the same tax during the current or preceding fiscal year,
shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or by a fine not exceeding five times the unpaid tax.
The same act, if committed for the first time by a group of per-
sons by advance agreement among themselves, shall be punished by:
Confinement for a period not exceeding 2 years. +* (RSFSR
Laws 1929, Law No. 5762 dated 29 July 1929)
**The Law on Universal Military Service does not provide for a
home guard;` therefore, the special military tax is not col-
lected.
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61. Refusal to perform obligatory services, state tasks, or work of
state importance shall be punished by-
A fine imposed by the appropriate organ of government** not
exceeding five times the value of the required tasks, serv-
ices, or work; for a second offense, confinement or correc-
tive labor work for a period not exceeding one year; for the
same offense, when committed by kulak elements even for the
first time, or by other persons under aggravating circum-
stances (collusion among a group of persons, or active re-
sistance to governing organs in carrying out obligatory serv-
ice, tasks, or work), confinement for a period not exceeding
2 years and confiscation of all or a part of property, with
or without exile to a given place. (RSFSR Laws 1931, Law No
102, dated 15 February 1931)
**Fines are imposed by the courts under special procedures in
accordance with the TsIK and Sovnarkom USSR decree dated
11 April 1937 (USSR Laws 1937, Law No 120).
62. Concealment or false declaration of the number of objects subject
to registration or taxation, when organized by mutual agreement, shall be
punished:
With regard to the organizers and leaders, by confinement for
a period not exceeding 2 years or by corrective labor work
for a period not exceeding one year, with or without confis-
cation of a part of property; and with respect to the other
participants, by a fine not exceeding five times the amount
of payments due.
A second such concealment, even though not by agreement with other
taxpayers, shall be punished by:
The measures of social defense prescribed in regard to or-
ganizers and leaders of organized concealment.
The first offense of concealment shall be punished by:
A fine not exceeding five times the amount of payments due.
(RSFSR Laws 1929, Law No 480, dated 17 June 1929)
Note. Paragraph 3 of this section shall not apply to cases of
concealment of sources of income subject to the single agricultural tax
when penalties are imposed by administrative action under procedures and
within limits prescribed by the statute on that tax.- (RSFSR Laws 1929,
-Law No 480, dated 17 June 1929) 1
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63. Concealment of all or a part of property inherited or trans-
ferred under a deed of gift, or artificially undervaluing such property
for the purpose of circumventing laws governing inheritance and gifts or
the law on taxation of inherited property and of property acquired under
deeds of gift,** shall be punished by:
Confiscation of all or a part of the property transferred
by inheritance or gift to a person who concealed it.
**The tax on property transferred by inheritance or gift was
rescinded by the ukase of the Presidium, Supreme Soviet USSR
of 9 Jahuary1943 (Vedomosti Verkhovnogo Soveta SSSR 1943,
No 3).
*6.4. Aziy- violation by rank-and-file privates] or junior commanding
personnel rnoncommissioned officers] of regulations governing the regis-
tration of persons of their rank subject to military service, if a first
offense, shall be punished by:
A fine not exceeding 50 rubles, imposed by administrative
action by chiefs of militia departments or by chairmen of
village (settlement) soviets.
Any violation commanding personnel [commissioned officers] of
regulations established for the registration of persons of their rank
subject to military service, if a first offense, shall be punished by.
A fine not exceeding ,100. rubles, imposed by aJmiz istrative
action by rayon (city) military commissars.
The failure of any house manager, commandant, or owner to com-
ply with the provisions governing registration of persons subject to
military service established by Sections 63 and 64 of the law "On Uni-
versal Military Service," shall be punished by-
A fine not exceeding 100 rubles, imposed by administrative
action by chiefs of militia departments.
A second violation of the regulations governing military regis-
tration committed by.
a. Rank-and-file or junior commanding personnel, shall be
punished by:
Forced labor for a period not exceeding one month, or a
fine not exceeding 200 rubles;
b. Commanding personnel,, shall be punished by:
Forced labor for a period not exceedir.u 2 months, or a fine
not exceeding 400 rubles. (Ukase of the Presidium, Supreme
Soviet USSR of 12 November 1940)
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65. Rescinded. (RSFSR Laws 1927, Law No 330, dated 6 June 1927)
66. Evasion of any training or inspection mobilization (opytnyye i
poverochnyye mobilizatsiy) shall be punished by:
Corrective labor work for a period not exceeding 3 months, or a
fine not exceeding 500 rubles.
67. Rescinded. (RSFSR Laws 1927, Law No 330, dated 6. June 1927)
68. Refusal, to perform, or evasion of, compulsory military service
by any preinductee (doprizyvnik)**, or by any serviceman (voyennosluzha-
shchiy) or other person subject to call-up for military service (voyen-
noobyazannyy) of the Worker-Peasant Red Army reserve who is not on active
duty in the Worker-Peasant Red Army, shall be punished by:
Confinement or corrective labor work for a period not ex-
ceeding 6 months,, or a fine not exceeding 500 rubles.
**The "Law On Universal Military Service" does not provide for
compulsory military service on the part of preinductees.
Refusal to perform, or evasion of, compulsory military service
by any preinductee, or by any serviceman or other person subject to
call-up for military service of the Worker-Peasant Red Army Reserve who
is not on active duty in the Worker-Peasant Red Army, if effected by
means of injury to health, malingering, forgery of any document, bribery
of any official, or by any other fraudulent means, or under pretext of
religious** or other personal convictions., shall be punished by:
Confinement for a period not exceeding 3 years. (RSFSR Laws
1927, Law No 330, dated 6 June 1927)
+ *The Law on Universal Military Service of 1 September 1939
does not provide for exemption from military service on
grounds of religious convictions.
69. Evasion by persons exempted from military service on grounds of
religious convictions and by persons assigned to the home guard** of any
work of public utility (obshchepoleznyye raboty) which he is called upon
to perform, shall be punished by:
Confinement for a period not exceeding 2 years.., or correc-
tive labor work for a period not exceeding one year, or a
fine not exceeding 1,000 rubles. (RSFSR Laws 1931, Law No
X69 dated 10 January 1931)
**The Law on Universal Military Service of 1 September 1939
does not provide for exemption from military service on
grounds of religious convictions or for the organization of
a home guard.
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,70. Any evasion of the obligation-to provide horses, wagons, and
harness for equipping territorial units of the Red Army during periods
of training and short-term musters, shall be punished by:
A fine not exceeding 200 rubles, with or without confisca-
tion of the animals and equipment not supplied.
Any violation of regulations governing military and other reg-
istration of draft animals (horses, bullocks, camels, etc.), wagons,
harness, automobiles, motorcycles, bicycles, or any other means of trans-
port that is subject to registration, or of accessories and spare parts
thereto, or unjustifiable failure to. present any of the foregoing for
re-registration, inventory, or training and inspection mobilizations,
shall be punished by:
Corrective labor work for a period not exceeding one month,
or a fine not exceeding 200 rubles. (RSFSR Laws 1927, Law
No 330, dated 6 June 1927; 1931, Law No 375, dated 30 Au-
gust 1931)
71. Rescinded. (RSFSR Laws 1932, Law No 261, dated 1 July 1932)
*72. The forgery of any certificate or other document issued by any
state or public institution which grants rights or which exempts from
the performance of any obligation, whether for use by the forger himself
or by any other person, shall be punished by:
Confinement for a period not exceeding 3 years, or correc-
tive labor work for a period not exceeding one year.
The utilization of any document known to be forged shall be
punished by:
Confinement or corrective labor work for a period not ex-
ceeding 6 months, or a fine not exceeding 10C rubles.
73. Resistance by individual citizens to representatives of author-
ity while they are executing duties made incumbent upon them by law, or
compelling them by the use of personal violence to perform manifestly
illegal acts, shall be punished by,
by:
Confinement for a period of not less than one year.
Resistance to authority not involving violence shall be punished
Confinement or corrective labor work for a period not ex-
ceeding 6 months,, or a fine not exceeding 500 rubles.
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73-1. Any threat to kill, or to destroy the property of, or to commit
acts of violence against any official. or public functionary for the pur-
pose of preventing his official or public activity or of altering the
character of any such activity in the interests of the person making the
threat shall (depending on the circumstances and the nature of the
threat) be punished by:
Corrective labor work for a period not exceeding 6 months)
or a fine not exceeding 300 rubles, or banishment from a
given locality, with or without compulsory residence in
another given place, for a period not exceeding 3 years.
The infliction of blows on, or the application of any other
form of violence to, any public activist, shock-worker in production, or
kolkhoznik, in connection with his public or production activities, in
cases where the act cannot be considered an act. of terrorism by reason
of its nature, the circumstances under which it is committed, or its
consequences, shall be punished by:
Confinement for a period not to exceed 5, years. (RSFSR
Laws 1929, Law No 293, dated 25 March 1929; 1932, Law No
103, dated 20 February 1932)
73-2. Instigating any minor to commit, or enlisting the participation
of any minor in the commission of, various crimes, or compelling any
minor to engage in speculation, prostitution', begging, and the like,
shall be punished,by:
Confinement for a period of not less than 5 years. (RSFSR
Laws 1936, Law No 1, dated 25 November 1935)
*'74. Any act of hooliganism committed in an enterprise, institution,
or public place shall be punished by:
Confinement in a prison (tyuremnoye zaklyucheniye) for a
period of one yea?,.unless the nature of such an act makes
it subject to-more severe punishment. (Ukase of the Pre-
sidium, Supreme Soviet RSFSR of 16 August 1940, Izvestiya9
17 August 194o)
If the aforementioned acts constitute a violent disturbance
(buystvo) or outrage (beschinstvo), or are repeated., or are stubbornly
persisted in despite the warnings of agencies responsible for preserving
public order, or by their nature are characterized by extreme cynicism
or insolence, they shall be punished by:
Confinement for a period not exceeding 5 years. (RSFSR Laws
1935, Law No 146, dated 10 May 1935)
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75. Failure to comply with any legal order or demand of any mili-
tary sentry at his post, or of any other authority responsible for pre-
serving public order and security, shall be punished by:
Confinement or corrective labor work for a period not ex-
ceeding 3 months, or a fine not exceeding 300 rubles.
*75-1. Any violation of regulations established by order of the
People's Commissariat of Railways** and its agencies on preserving or-
der and safety of traffic, on safeguarding transport property, on pre-
venting and suppressing unlawful use of transport, or on enforcing
sanitary and fire prevention measures -- if such a violation has seri-
ous consequences -- shall be punished by:
Confinement for a period not exceeding 3 years, or a fine
not exceeding 3,000 rubles (RSFSR Laws 1929, Law No 513,
dated 25 June 1929)
**Now the Ministry of Railways USSR; and by the Ministry of
Maritime and River Fleet and the Ministry of Motor Trans-
port and Highways.
75-2. Any violation outside the limits of port waters of regulations
established by law or by order of the proper authority on preventing
collision of vessels at sea, on measures to safeguard submarine tele-
graph cables, or other provisions governing maritime navigation, if such
violation does not constitute a breach of official duty on the part of
the person who commits it, shall be punished by:
A fine not exceeding 300 rubles, or, if the violation has
serious consequences,, confinement for a period not exceed-
ing 3 years or a fine not exceeding 3,000 rubles. (RSFSR
Laws 1929, Law No 513, dated 25 June 1929)
75-3. Any violation of regulations governing the use of radio facili-
ties, either by USSR vessels or by foreign vessels in the territorial
waters of the USSR, shall be punished by:
Confinement for a period not exceeding 2 years, or a fine
not exceeding 10,000 rubles. (RSFSR Laws 1931, Law No 104,
dated 15 February 1931)
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75-4. Any violation of regulations established by the RSFSR Civil Avi-
ation Code or issued by the Main Administration of the Civil Air Fleet on
preserving order and security of air traffic or on safeguarding the prop-
erty of the Civil Air Fleet, or any violation of Civil Air Fleet sanitary
or fire prevention regulations, if such violation incurs or might have
incurred serious consequences and does not constitute a breach of offi-
cial duty on the part of the person who commits it, shall be punished by:
Confinement for a period not exceeding 3 years, or a fine
not exceeding 3,000 rubles. (RSFSR Laws 1936, Law No 2,
dated 1 December 1935)
76. Publicly insulting any representative of authority in the exe-
cution of his official duties shall be punished by:
Confinement or corrective labor work for a period not ex-
ceeding 6 months, or a fine not exceeding 500 rubles.
77. Unauthorized appropriation of the title or authority of any of-
ficial, if discredit to Soviet authority is involved, or if any act con-
stituting a social danger is committed on the basis thereof, shall be
punished by:
Confinement for a period not exceeding 2 years.
78. Stealing, damaging, concealing, or destroying any official or
private document of any state agency with the object of obstructing
proper transaction of the business, or, in general, the operations, of
such an institution, shall be punished by:
Confinement for a period not exceeding one year.
Commission of these same acts in connection with any especially
secret or especially important state document shall be punished: by:
Confinement for a period not exceeding 3 years.
*79. Intentional destruction or damaging of property belonging to
any state institution or enterprise, or to any public (cooperative,
trade union, and the like) organization, including electric wires, means
of communication, and the like, shall be punished by:
Confinement or corrective labor work for a period not ex-
ceeding one year,
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These same acts, if it is established that they have been-com-
mitted repeatedly, or if as a result of them production has been stopped
or interrupted or other serious loss to the state caused, shall be pun-
ished by:
Confinement for a period not exceeding 5 years, with or
without confiscation of property.**
**See Section 6 of the ukase of the Presidium, Supreme Soviet
USSR of 11 January 1955, "On Responsibility for Cattle Damage`
to Crops in Kolkhozes and Sovkhozes" (p 150 ).
79-.1. The illegal slaughter or intentional maiming of livestock, or
incitement of other persons to do the same, with the object of underminig collective agriculture or impeding its development, shall be punished
by;
Confinement for a period not exceeding 2 years, with or
without banishment from a given place. (RSFSR Laws. 1930.,
Law No 26, dated 20 January 1930)
79-2. Damaging or breaking tractors or agricultural machinery belong-
ing to sovkhozes, machine-tractor stations, or kolkhozes, if such damage
or breakage is the result of. criminally negligent treatment of the prop-
erty, shall be punished by:
Corrective labor work for a period not exceeding 6 months'..
These same acts, if they are repeated or cause serious damage,
*kialJ:,be punish*d by;
Confinement for a period not exceeding 3 years. (RSFSR
Laws 1931, Law No 163, dated 20 March 1931)
Note. Xf hreeakage or damage is not substanti,a1, there may be
sul stitut 'for o cuti,c a penalty imposed in accordance with ins
tertl rezOAtipai4 ()pmv,, ' nutrennegc rar) Wit. ded.ctioii Crt
per,- in aerform as an official duty,
if criteria specified in Section 109 are present; or neglect of duty,
that is, negligent or unconscientious performance of any official duty
that results in red tape or in slowing down work or accounting; or any
other form of dereliction of duty, if the same criteria are present,
shall be punished by:
Confinement for a period not exceeding 3 years.
*111-a. Any official of a state agency or of a cooperative who is re-
sponsible for registering and effecting follow-up checking on the opera-
tions of cooperatives and who abets the organization of any pseudoco-
operative or connives at its continued operation, or any other official
who in some way assists such a pseudocooperative (by preferential treat-
ment in supplying materials or goods, with reOpect to rent, etc.), shall
be punished as follows:
In cases when this occurs as the result of abuse of power, noi-
feasance, or neglect of duty, but when no mercenary or other personal in-
terest is involved, by:
Confinement for a period of not less than 6 months.
Commission of the same acts, when any mercenary or other per-
sonal interest is involved, by:
Confinement for a period of not less than 2 years. (RSFSR
Laws 122(., Law No 705, dated 99 September 1929)
112. Abuse of power, acting in excess of authority, non:feasarice, or
neglect of duties, if it results in the disorganization of central ad-
ministrative machinery or state economic machinery of production, trade,
credit, or transport that is directed by the official in question, shall
be punished by:
Confinement for a period of not less than 2 years.
Any case of abuse of power or of official position, acting in
excess of power or official authority, nonfeasance, or neglect of duty
that does not fall within the purview of this and the three preceding
sections (No 109-111), shall lie punished by:
Corrective labor work for a period not exceeding one month,
or dismissal from office, or loss of the right to occupy a
leading or responsible position for a period not exceeding
2 years, or imposition of the obligation to repair damage,
or public reprimand. (RSFSR Laws 1928, Law No 907, dated
28 May 1928)
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Note 1. The application of Paragraph 2 of this section shall
not extend to derelictions of duty and misdemeanors that are not of suf-
ficient gravity to be subject to the application of measures of social
defense and are subject merely to disciplinary action by a superior.
(RSFSR Laws 1928, Law No 907, dated 28 May 1928)
Note 2. In case it convicts a person for a crime covered by
Paragraph 2 of this section, a court shall have the right to combine
En its sentence the measures of social defense prescribed by that
paragraph. (RSFSR Laws 1928, Law No 907, dated 28 May 1928)
113. Bringing discredit on authority, that is, the commission by
any official of any act that, even if not connected with his official
duties, nevertheless obviously undermines in the eyes of the working
people the dignity and authority of the state organ of which the offi-
cial in question is a representative, shall be punished by:
Confinement for a period not exceeding 2 years, or the
measures of social defense specified in Paragraph 2 of
Section 112. (RSFSR Laws 1928, Law No 907, dated 28 May
1928)
114+. Any judge who, acting from mercenary or other personal motives,
renders an unjust sentence, decision, or order, shall be punished by:
Confinement for a period of not less than 2 years. (RSFSR
Laws 1927, Law No 737, dated 31 October 1927)
115. Illegal taking into custody.(zaderzhaniye) or compelling to
appear (privod) shall be punished by:
Confinement for a period not exceeding one year.
Forcing any person to give evidence under interrogation (dopros)
by means of illegal measures applied by the person conducting the inter-
rogation, or taking anyone into custody Eo-stensib as a measure to pre-
vent evasion of justice from personal or mercenary motives, shall be
punished by:
Confinement for a period not exceeding 5 years.
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1164 Misappropriation or embezzlement, by an official or by a person
performing any duty on behalf of the state or of a public institution,
of money, valuables, or other property that is under his control by vir-
tue of his official position or in connection with the performance of his
duties, shall be punished by:
Confinement for a period not exceeding 3 years.
Misappropriation or embezzlement committed by any such person
who has been granted special plenary powers, or misappropriation of es-
pecially important state valuables, shall be punished by:
Confinement for a period of not less than 2 years and con-
fiscation of property (RSFSR Laws 1927, Law No 737, dated
31 October 1927)**
**See the ukase of the Presidium, Supreme Soviet USSR of
1i June 1947 (p 101), and the decree of the Plenum, Supreme
Court USSR of 22 August 1947, No 12/6 (p 103).
*117. Acceptance by any official, whether personally or through an
intermediary, of any kind of bribe for performing or omitting to per-
form in the interests of the giver of the bribe, any act that the of-
ficial could or should perform solely by reason of his official posi-
tion, shall be punished by:
Confinement for a period not exceeding 2 years.
If acceptance of a bribe is attended by aggravating circum-
stances, such as: (a) acceptance of a bribe by a person holding a re-
sponsible position; (b) acceptance of a bribe by a person who has pre-
viously been sentenced for bribe-taking, or who has repeatedly accepted
bribes; or (c) employment of extortion (vymogatellstvo) by a bribe-
taker, it shall be punished by:
Confinement for a period of not less than 2 years and con-
fiscation of property. (RSFSR Laws 1927, Law No 737, dated
31 October 1927)
*118, Giving a bribe or acting as an intermediary in bribery shall be
punished by:
Confinement for a period not exceeding 5 years.
Note. Persons to whom this section applies shall not be subject
to prosecution in the following cases: (a) if the bribe was obtained
from them through extortion; or (b) if, immediately after giving the
bribe, they voluntarily report the fact.
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119. Provocation to bribery, that is, the deliberate creation by an
official of a situation or conditions conducive to the offer or accept-
ance of a bribe, for the purpose of subsequently exposing the giver or
acceptor of the bribe, shall be punished by:
Confinement for a period not exceeding 2 years.
*120. Forgery committed in connection with performance of official
duties (sluzhebnyy podlog), that is, the entering in any official docu-
ment by an official acting from a mercenary motive of any information
known by him to be false, or of any falsification, erasure, or change
of date, or the preparation and issuance by an official of any docu-
ment known by him to be false, or the making in any register of any
.entry known to be false, shall be punished by:
Confinement for a period not exceeding 2 years.
The same acts, if committed from other than mercenary motives,
shall be punished by:
Measures of social defense specified in Paragraph 2 of Sec-
tion 112. (RSFSR Laws 1928, Law No 907, dated 28 May 1928)
121. Any official who discloses, passes on, or collects for the pur-
pose of passing on any information not subject to publication, shall be
punished by:
Confinement for a period not exceeding 3 years, or the meas-
ures of social defense specified in Paragraph 2 of Section
112. (RSFSR Laws 1928, Law No 907, dated 28 May 1928)
CHAPTER IV;, VIOLATION OF REGULATIONS ON THE
SEPARATION OF CHURCH AND STATE
122. The teaching of religious dogma to children or minors in state
or private educational institutions or schools, or in violation of regu-
lations governing the matter, shall be punished by:
Corrective labor work for a period not exceeding one year.
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123. The commission of fraudulent acts for the purpose of fostering
superstition among the masses of the population, with the object of gain-
ing any advantage thereby, shall be punished by:
Corrective labor work for a period not exceeding one year
and confiscation of a part of property; or a fine not ex-
ceeding 500 rubles.
124 Forced collection of contributions for the benefit of any church
or other religious group shall be punished by?
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
125. The arrogation by any religious or. church organization of ad
ministrative, judicial, or other public or legal functions or rights of
legal entities, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
126. The performance of any religious rite in any state or public
institution or enterprise, or the placing in any such institution or
enterprise of any kind of religious -image, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
127. Obstruction of the performance 9f religious rites, insofar as
these do not violate public order and d.o(not involve infringements on
the rights of citizens, shall be punished by:
Corrective, labor work for a. period not exceeding 6 months.
CIIAP.1'11;.i, V. TCOT'fOMI CRIM S
128. Mismanagement resulting from neglige,.it or unconscientious per-
formance of the work entrusted to him on the part of any person who heads
a state or public institution or enterprise, or on the part of his eu-
thorized representative, if waste or irreparable damage to the property
of the institution or enterprise results, shall be punished by:
Confinement for a period not exceeding 2 years, or cor-
rective labor work for a period not exceeding one -year.
(RSFSR Laws 1928, Law No 907, dated 28 May 1928)
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*128-a. For the release of industrial products that are incomplete or
of inferior quality, or for the release of products in violation of re-
quired standards, di.rectors, chief engineers, and chiefs of technical
control divisions of industrial enterprises shall be punished as for
anti-state crime tantamount to wrecking, by:
Confinement in a prison for a period of from 5 to 8 years.
(Ukase of the Presidium, Supreme Soviet RSFSR of 16'Novem-
ber 19)40)
Large-scale or systematic release of inferior quality products
by trading enterprises shall be punished by:
Confinement for a period not exceeding 5 years, or correc-
tive labor work for a period not exceeding one year. (RSFSR
Laws 1931, Law No 51, dated 10 February 1934)
128-b. Rescinded. (Ukase of the Presidium, Supreme Soviet RSFSR of
16 November 1940)
128-c. Giving customers false weight or short measure, or using in-
correct weights or scales or other incorrect measuring devices in making
sales, or violating prescribed retail prices for mass consumption commodi-
ties in stores, shops, booths, dining halls, buffets, and the like, or
selling goods of lower quality at the price for higher quality goods, or
concealing.from buyers the commodity price list -- as constituting cheat-
ing of the consumer and a fraud upon the Soviet state -- shall be punished
by:
Confinement for a period not exceeding 10 years. (RSFSR Laws
1934, Law No 216, dated 10 September 1931.)**
**Put into force on 6 August 1931 (on the date of publication
of the TsIIC and Sovnarkom USSR decree of 25 July 1931, "On Add-
ing to Union-Republic Criminal Codes Sections on Liability to
Prosecution for Cheating Consumers and Practising Fraud Upon
the Soviet State" -- USSR Laws 1934, Law No 325).
128-d.-For the issuance by any institution, enterprise, or public or-
genization of any type of loan, bond, or other form of security, or of
scrip or other money substitutes, the head thereof shall be punished by:
Confinement for a period not exceeding 5 Years-
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The head of any printing, lithographing, or glass-plate print-
ing establishment, engraving shop, and the like, that manufactures the
indicated securities or money substitutes, shall be punished by:
Confinement for a period not exceeding 3 years.
Any treasurer or head of any store, shop, stall, or other re-
tail trade enterprise that accepts as payment, in lieu of money, the in-
dicated securities or money substitutes, shall be punished by:
Confinement for a period not exceeding 3 years. (RSFSR
Laws 1935, Law No 169, dated 20 June 1935)
129. The plundering of state or public property, particularly when
this is effected by any person who heads a state or public institution
or enterprise by means of concluding unprofitable transactions in col-
lusion with the contracting agents of the institution or enterprise,
shall be punished by:
Confinement for a period of not less than one year, with or
without confiscation of all or a part of property.
*129-aa Founding or directing the operations of any pseudocooperative,
that is, any organization that is disguised under the form of a coopera-
tive in order to enjoy the privileges and preferences granted to a co-
operative, but which is actually a private enterprise pursuing the in-
terests of capitalist elements that exercise predominant influence over
it, shall be punished by:
Confinement for a period not exceeding 5 years and confis-
cation of all or a part of property.
Participation in the work of any pseudocooperative organization
by any person who is fully aware that it is a pseudocooperative, and who
receives as a result of that participation entrepreneurial profit or
wittingly assists in concealing the true nature of the organization,
shall be punished by:
Confinement for a period not exceeding 2 years, or correc-
tive labor work for a period not exceeding one year. (RSFSR
Laws 1929, Law No 705, dated 9 September 192(9)
130. Dissipation by a lessee, or by a representative of a legal en-
tity Lcrporatio-n7, of state or public property let to him under contract,
shall be punished by:
Confinement for a period of not less than 6 months, cancel-
lation of the contract, and confiscation of all or a 'part of
property.
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131. Failure to perform any obligation arising from a contract made
with a state or public institution or enterprise, if, in the course of
"civil proceedings, the malicious character of the failure to perform is
established, shall be punished by:
Confinement for a period of not less than 6 months and con-
fiscation of all or a part of property.
132. Any of the acts covered by Sections 128-131 of this code, if
committed in a combat situation, or in connection with supplying the Red
Army or Navy, and capable of injuring their fighting capacity, shall be
punished bye
Confinement for a period of not less than 2 years. (RSFSR
Laws 1927, Law No 737, dated 31 October 1927)
133. Any violation by an employer, whether by a private employer or
by an equivalent person in a state or public institution or enterprise,
of any law regulating the employment of labor, the protection of labor,
or social insurance, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
If such a violation involves a group of not fewer than three
workers and is identical with respect to all the persons comprising the
given group, and if it is committed with respect to all of them at the
same time, it shall be punished by,
Confinement or corrective labor work for a period not ex-
ceeding one year, or a fine not exceeding 10,000 rubles.
The placing of a worker, in violation of regulations governing
the protection of labor, in working conditions that cause, or might
cause, him to lose his working capacity, shall be punished by:
Confinement for a period not exceeding 2 years, or correc-
tive labor work for a period not exceeding one year, or a
fine not exceeding 500 rubles.
Any violation of any regulation governing the protection of
labor, safety devices, or industrial sanitation and hygiene, as estab-
lished by local organs of government in the form of ordinances or by the
decisions, orders, or instructions of the People's Commissariat .of La-
bor.,** shall be punished by:
Corrective labor work for a period not exceeding one month,
or a fine not exceeding 100 rubles, imposed by administra-
tive action.
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**Pursuant to a decree of TsIK and Sovnarkom USSR and the
All-Union Central Council of Trade Unions dated 23 June 19339
the People's Commissariat of Labor was merged with the All-
,Union Central Council of Trade Unions (USSR Laws 1933, Law
No 238).
133-a. Any refusal to accept women for work because of pregnancy, any
refusal to accept for work women who are nursing infants, or the reduc-
tion of their wages for these reasons, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 1,000 rubles.
If the indicated violations are repeated, punishment may be in-
creased to a term of confinement not exceeding 2 years.. (Ukase of the
Presidium, Supreme Soviet RSFSR of 12 July 1949, Vedomosti Verkhovnogo
Soveta SSSR 1949; No 35)
134. Any violation by an employer of a collective contract concluded
by him with a trade union, of a wage scale agreement, or of an agreement
reached through an arbitration board (primiritel'naya kamera), if a
court or an arbitration board determines that the violation was of a
malicious nature, shall be punished by:
The measures specified in Paragraphs 1 and 2 of Section 133.
135. Any obstruction of the lawful activities of any factory-plant
or local committee, trade union, or representative thereof, shall be
punished by:
Confinement or corrective labor work for a period not ex-
ceeding one year, or a fine not exceeding 1,000 rubles.
CHAPTER VI.. CRIMES AGAINST THE LIFE, HEALTH, FREEDOM,
AND DIGNITY OF THE INDIVIDUAL
*136, Murder fl-iterally, "intentional murder" (umyshlennoye ubiystvogp
if committed, (a) from mercenary motives, from jealousy (unless Section
138 is applicable), or from any other base motive; (b) by a person who
has previously been prosecuted for murder or for inflicting bodily injury
and has served out a judicially imposed measure of social defense; (c) in
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a manner which endangers the lives of many persons or which inflicts ex-
treme suffering on the victim; (a) for the purpose of facilitating or
concealing some other serious crime; (e) by an individual whose particu-
lar duty it was to care for the victim; or (f) by taking advantage of the
helplessness of the victim, shall be punished by:
Confinement for a period not exceeding 10 years,**
**See the ukase of the Presidium, Supreme Soviet USSR of
30 April 1954 (p 100).
Murder committed by military personnel under especially aggra-
vating circumstances shall be punished by:
The supreme measure of punishment: death by shooting.
(RSFSR Laws 1934, Law No 206, dated 1 September 1934)
137. Murder, if committed in the absence of any of the criteria spec-
ified in Section 136, shall be punished by:
Confinement for a period not exceeding 8 years.
138. Murder, if committed in the sudden heat of passion provoked by
violence or gross insult inflicted by the victim, shall be punished by:
Confinement for a period not exceeding 5 years, or correc-
tive labor work for a period not exceeding one year.
*139. Negligent homicide (ubiystvo po neostorozhnosti), or homicide
committed as a result of exceeding the limits of necessary self-defense,
shall be punished by.
Confinement for a period not exceeding 3 years, or correc-
tive labor work for a period not exceeding one year.
*140. Any doctor who performs an abortion other than in-a hospital or
other curative institution shall be punished by:
Confinement in a prison for a period of from one to 2 years.
The performance of an abortion under unsanitary conditions or
by a person who does not have a special medical education, shall be pun-
ished by:
Confinement in a prison for a period of not less than 3
years.** (Ukase of the Presidium, Supreme Soviet RSFSR of
11 January 1956)
**See the ukase of the Presidium, Supreme Soviet USSR of
23 November 1955,"On Resciding the Prohibition of Abortions"
(p 117)
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*1l+0-a. Compelling any woman to submit to an abortion shall be punished
by:
Confinement in a prison for a period not exceeding 2 years.
(RSFSR Laws 1937, Law No lt-09 dated 10 May 1937)
11+0-b0 Rescinded. (Ukase of the Presidium., Supreme Soviet RSFSR of
2 September 1954)
141, Causing any person who is materially or otherwise dependent
upon the offender, by cruel treatment or by some similar means, to.com
mit suicide, shall be punished by:
Confinement for a period not exceeding 5 years.
Abetting or inciting (sodeystviye ili podgovor) the commission
of suicide by a minor or by a person known to be incapable of understand-
ing the nature or significance of his act or of controlling his actions.,
if suicide or attempted suicide results, shall be punished-by-
Confinement for a period not exceeding 3 years.
*142. The intentional infliction of serious bodily injury (tyazhkoye
telesnoye povrezhdeniye) resulting in loss of sight or hearing or of the
use of any other organ, permanent facial disfigurement, metal illness,
or any injury to health involving a substantial diminution of ability to
work,, shall be punished by:
Confinement for a period not exceeding 8 years.
If death results from such an injury, or if it is inflicted by
means that are in the nature of phyci.cal abuse or torment, or if it is
the consequence of the infliction of systematic alt sough minor injuries,,
it shall be punished by:
Confinement for a period not exceeding 10 years.
143. The intentional infliction of minor bodily injury (legkoye tele-
snoye povrezhdeniye), not involving danger to life but resulting in in-
jury to health, shall be punished by.
Confinement or corrective labor work for a period not ex-
ceeding one year o .
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The intentional infliction of minor bodily injury not involving
injury to health shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
144. Any bodily injury falling under the criteria of Paragraph 1 of
Section 143, if inflicted in the sudden heat of passion provoked by vio-
lence or gross insult committed by the injured party, shall be_punished
by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
145. The. infliction of bodily injury through negligence, if it re-
sults from a wilful disregard of safety regulations established by law
or by order of the proper authority, and if it results in any of the con-
sequences specified in Section 142 and Paragraph 1 of Section 143, shall
be punished by:
Corrective labor work for a period not exceeding one year,
or a fine not exceeding 500 rubles.
The infliction of bodily injury through negligence, without se-
rious consequences, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
14+6. The intentional infliction of any blow or beating, or the com-
mission of any other violent act which causes physical pain, shall be
punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
Any such act, if it is in the nature of physical torment, shall
be punished by:
Confinement for a period not exceeding 3 years.
147. The illegal subjection of any person to confinement by means
of force shall be punished by:
Confinement or corrective labor work for a period not exceed-
ing one year.
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Confinement by any method that endangers the life or health of
the injured party, or that causes him physical suffering, shall be pun-
ished by:
Confinement for a period not exceeding 2 years.
148. The placing in a hospital for the mentally ill of any person
known to be in good health, if committed from mercenary or other per-
sonal motives, shall be punished by:
Confinement for a period not exceeding 3 years..
149. The kidnapping, concealment, or introduction of a substitute in
place of another person?s child from mercenary, revengeful, or other per-
sonal motives, shall be punished by.
Confinement for a period not exceeding 3 years.
150. The infection of another person with venereal disease by a per-
son knowing himself to be suffering from such a disease, shall be pun-
ished by:
Confinement for a period not exceeding 3 years.
Deliberate exposure of another person to the danger of infec-
tion with a venereal disease, by means of sexual intercourse or any
other act, shall be punished by.
Confinement or corrective labor work for a period not ex-
ceeding 6 months.
151. Sexual intercourse with any person who has not reached the age
of puberty, if depravity or the gratifiostion of sexual desire in a
perverted form is involved, shall be punished by:
Confinement for a period not exceeding 8 years.
Se Baal intercourse with any person who has not reached the age
of puberty (po:iovaya zrel.ost 9 ), if not accompanied by either of the
afore:i nd:i.cated a;ravating elements, shall. be punished by.
Confinement for a period not exceeding 3 years.
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152. The corruption of children or minors by means of committing de-
praved acts with them, shall be punished by:
Confinement for a period not exceeding 5 years.
153. Rape (iznasilovaniye), that is, sexual intercourse involving
physical.coercion, threats, intimidation, or taking.advantage of the
helplessness of the injured party by means of deception, shall be pun-
ished by:
Confinement for a period not exceeding 5 years.
If rape results in the suicide of the injured party, or is com-
mitted against a person who has not reached the age of puberty, or is
committed by several persons against an individual who has reached the
age of puberty, it shall be punished by:
Confinement for a period not exceeding 8 years.**
**See ukase of the Presidium, Supreme Soviet USSR of 4 January
1949, "On Increasing the Criminal Penalty for Rape" (p 116 ).
154. Forcing a woman to engage in sexual intercourse or to gratify
sexual desire in any other form, if committed by a person upon whom the
woman is dependent financially or by reason of her employment shall be
punished by:
Confinement for a period not exceeding 5 years.
154-a. Sexual intercourse of a male with a male (sodomy) shall be pun-
ished by:
Confinement for a period of from 3 to 5 years.
Sodomy (muzhelozhstvo), if committed by force or by taking ad-
vantage of the dependent status of the injured party, shall be punished
by:
Confinement for a period of from 5 to 8 years. (RSFSR Laws
1934, Law No 95, dated 1 April 1934)
155. Forcing any person to engage in prostitution, pandering (svodni-
chestvo), maintaining a bawdy house, or procuring women for purposes of
prostitution, shall be punished by:
Confinement for a period not exceeding 5 years and confisca-
tion, of all or a part of property.
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156. Intentional failure to assist any person who is in a situation
(condition) that endangers his life and who is unable to take measures
of self-preservation by reason of youth, senility, illness,,-or -- gen-
erally speaking -- helplessness, in any case in which it was the duty
of the individual who did not render assistance to take care of such a
person and when it was possible for that individual to render assist-
ance, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 300 rubles.
156-i. The failure of the captain of any vessel to assist persons who
have suffered shipwreck at sea or on any other body of water, if such
assistance could have been rendered without seriously endangering his
vessel, crew, or passengers, shall be punished by:
Confinement for a period not exceeding 2 years. (RSFSR
Laws 1929, Law No 513, dated 25 June.1929)
157. The failure to aid any sick person, without some valid reason,
if committed by any person required by law or special regulation to ren-
der such aid, shall be punished by:
Corrective labor work for a period.not exceeding one year,
or a fine not exceeding 300 rubles.
Any person engaged in medical practice who refuses to render
medical assistance, if he knows that such refusal might have serious
consequences for the sick person, shall be punished by:
Confinement or corrective labor work for a period not ex-
ceeding one year, or a fine not exceeding 1,000 rubles.
158. Malicious failure to pay for the support of children, or the
abandonment by their parents without support of children who have not
attained their majority, shall be punished by:
Confinement in a prison for a period not exceeding 2 years
and payment of the cost of locating the person who evaded
payment of alimony. (RSFSR Laws 1937, Law No 40, dated
10 May 1937)
158-1. Taking advantage of guardianship for mercenary ends (in order
to occupy the dwelling space or use the property of the deceased par-
ents, and the like), or leaving wards without supervision or financial
support, shall be punished by:
Confinement for a period not exceeding 3 years.
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Any chairman of a village soviet and any guardian appointed by
a village soviet who fails to take measures to protect and provide for
the education of orphans, if their actions or failure to act result in
such children becoming vagrants, shall be punished:
With respect to a guardian, by confinement for a period not
exceeding 2 years; with respect to the chairman of a village
soviet, by penalties specified in Section 111 of this code.
(RSFSR Laws 1936, Law No 1, dated 25 November 1935)
159. The infliction of any insult, orally or in writing, shall be
punished by:
A fine not exceeding 300 rubles, or public censure.
ished by:
The infliction of any insult by means of an action shall be pun-
Corrective labor work for a period not exceeding 2 months,
or a fine not exceeding 300 rubles.
160. Any insult inflicted by means of disseminated or publicly ex-
hibited printed works or pictures shall be punished by:
Corrective labor work for a..period not exceeding 6 months,
or a fine not exceeding 300 rubles.
161. Slander, that is, the Gras dissemination of defamatory fabri-
cations about another person that are known to be false, shall be pun-
lobed by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 500 rubles.
Libel, committed by means of printed works or other multiple
reproductions, shall be punished by:
Corrective labor work for a period not exceeding one year,
or a fine not exceeding 1,000 rubles.
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**In connection with Sections 162, 165, 166, 166::-a, 167,,,and
Paragraph 2 of Section 169, see the ukase of the Presidium,
Supreme Soviet USSR of 4 June 1947 (p 101), and the decrees
of the Plenum, Supreme Court USSR dated 22 August 1947, No
12/6 (p 103) and 3 May 1954, No 5 (P 104 ).
162. Larceny (krazha), that is, the secret and illegal taking of
another person's property, shall be punished as follows:
a. If committed without employing any kind of technical
means, as a first offense, and not in collusion with other persons,
larceny shall be punished by:
Confinement or corrective labor work for a period not
exceeding 3 months;
If committed under the same conditions, but as a result
of need or unemployment and for the purpose of satisfying the minimal
subsistence needs of the offender or his family,. larceny shall be pun-
ished by,
Corrective labor work for a period not exceeding 3 months;
b. If committed for the second time or with respect to prop-
erty known to be essential to the maintenance of the injured party,
larceny shall be punished by :
Confinement for a period not exceeding 6 months;
c. If committed with the application of technical means, or
not for the first time, or in collusion with other persons, or if com-
mitted even in the absence of these conditions in any railway station,
dock, steamboat, railway car, or hotel, larceny shall be punished by:
Confinement for a period not exceeding one year;
d. If committed by a private person from any state or public
warehouse, railway car, ship, or other place of storage; or if committed
in any public place specified in the preceding clause by employing tech-
nical means, or in collusion with other persons, or not for the first
time; or if committed even in the absence of the specified conditions
by a person who has special access to such a place of storage or is
guarding it; or if committed during a fire, a flood, or any other public
disaster; larceny shall be punished by:
Confinement for a period not exceeding 2 years, or cor-
rective labor work for a period not exceeding one year;
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e. If committed from any state or public warehouse or other
place of storage by any person who has special access to or is guarding
it, by employing technical means, or not for the first time, or in col-
lusion with another person; or if the theft from any such warehouse
or place of storage is on an especially large scale; larceny shall be
punished by:
Confinement for a period not exceeding 5 years;
f. Petty larceny (melkaya krazha), irrespective of the
amount involved, if committed in any enterprise or institution -- unless
its nature makes it subject by law to more severe punishment -- shall
be punished by:
Confinement in a prison for a period;of one year. (Ukase
of the Presidium, Supreme Soviet RSFSR of 16 August 1940,
Izvestiya, 17 August 1940) **
**See the ukase of the Presidium, Supreme Soviet USSR of
10 January 1955 (P 103).
163. Larceny of electric power shall be punished by:
Confinement for a period riot exceeding one month and
compulsory restitution of damage caused.
*l64. The purchase of anything known to have been stolen shall be
punished by:
Confinement or corrective labor work for a period not
exceeding 6 months, or a fine not exceeding 500 rubles.
This type of offense, if engaged in as a trade, shall be
punished
6y
Confinement for a period not exceeding 3 years and con-
fiscation of property.
164-a. The purchase, possession, or sale of any firearm (except
hunting and small-caliber weapons) known to have been stolen, or of
ammunition therefor) shall be punished by:
Confinement for a period not exceeding 5 years. (RSFSR
Laws 1929) Law No 512, dated 17'June 1929)
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165. Open stealing of another person?s property in the presence
of the person who owns, is using, or is responsible for it (looting,
grabezh), if committed without the use of force, shall be punished by:
Confinement for a period not exceeding one year.
The same acts, if committed with the use of force, shall be
punished by:
Confinement for a period not exceeding 3 years.
The same acts, if committed by a group of persons, or for the'
second time, shall be punished by:
Confinement for a period not exceeding 5 years.
166. Secret or open stealing of any horse or any other large do-
mestic animal from the toiling agricultural or stock-breeding population
shall be punished by:
Confinement for a period not exceeding 5 years'.
The same act, if committed a second time or in collusion with
other persons, shall be punished by':
Confinement for a period root exceeding 8 years. (RSFSR
Laws 1928, Law No 61+5, dated 7 August 1928)
166-a. Secret or open stealing of any firearm (except hunting and
small-caliber weapons) or of ammunition therefor;,, if the act does not
fall under the criteria specified in Section 59-3a of this code, shall
be punished bye
Confinement for a period not exceeding 5 years. (RSFSR
Laws 1929, Law Nc 512, dated 17 June 1929)
*167. Robbery (razboy), that is, any open attack upon another
person with the object of obtaining possession of his property accom-
panied by the employment of violence endangering the life or health of
the injured party, shall be punished by:
Confinement for a period not exceeding 5 years.
The same act, if committed for the second time, or if it
results in the death of or serious injury to the victim, shall be pun-
ished by: 4
Confinement for a period not exceeding 10 years.
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Armed robbery (vooruzhennyy razboy) shall be punished by:
Confinement for a period not exceeding 10 years, or, if
attended by especially aggravating circumstances, the
supreme measure of social defense. (RSFSR Laws 1929,
Law No 641, dated 26 August 1929)
168. Misappropriation, that is, the retention for mercenary ends
of another person's property that has been entrusted for a specific
purpose, or the embezzlement of such property, shall be punished by:
Confinement for a period not exceeding 2 years.
Misappropriation of any item of (lost anal found property
shall be punished by:
Confinement for a period not exceeding one month.
*169. Fraud (moshenichestvo), that is, breach of trust or deceit
for the purpose of getting possession of property or the right to prop-
erty or of gaining some other personal advantage, shall'be punished by:
Confinement for a period not exceeding 2 years.
Fraud that results in a loss to any state or public institu-
tion shall be punished by,
Confinement fora period not exceeding 5 years and con-
fiscation of all or a part of property.
169-a. The giving of a check by a drawer who knows that it will not
be subject to payment by.-the drawee, or stopping payment of a check
without due cause, or the taking of any other measure to prevent the
holder of the check from cashing it, or the negotiating of a check by
ii holder who knows that it is not subject to payment by the drawee,
shall be punished by:
Confinement for a period not exceeding 2 years.
The same acts, if loss to a state or public institution or
enterprise results from them, shall be punished by:
Confinement for a period not exceeding 5 years. (RSFSR
Laws 1930, Law No 131, dated 28 February 1930)
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170. Forgery for a mercenary purpose of any official paper, doc-
ument, or receipt, shall be punished by:
Confinement or corrective labor work for a period not
,exceeding one year, or a fine not exceeding 1,000 rubles.
171. Fraudulent alteration for a mercenary purpose of the appear-
ance or characteristics of any article intended for sale or public use,
if such an act results or might have resulted in injury to health, or
the sale of any such article, shall be punished by:
Confinement for a period not exceeding one year and con-
fiscation of a part of property, and either deprivation
of the right to. trade or a fine not exceeding 1,000 rubles.
172. Making or keeping for the purpose of sale any counterfeit
assay stamp, or the affixing of any such assay stamp to any gold, silver,
or platinum article or ingot, or the affixing to any article made of
any other metal of any mark or stamp resembling an essay stamp, or the
sale of any such article, shall be punished by:
Confinement for a period not exceeding 2 years, or cor-
rective labor work for a period not exceeding one year,
with confiscatiori in either case of counterfeited ar-
ticles or stamps.
173. Usury, that is, the charging of interest on a loan of money
or property at a rate in excess of that established by law, in partic-
ular by means'of including the interest in the capital amount of the
debt, or by withholding renuheration in a lump sum from the amount re-
ceived by the borrower, or by establishing a penalty or a forfeit for
failure to repay a loan on the due date, or [the charging of interest
at a rate in excess of that established by law] in any other concealed
form, shall be punished by:
Confinement or corrective labor work for a period nqt
exceeding one year, or a fine not exceeding 5,000 rubles.
The same acts, if engaged in as a trade or by taking ad-
vantage of a borrower's straitened circumstances, shall be punished by:
Confinement for a period not exceeding 2 years, with
or without confiscation of a part of property, or with
a fine not exceeding 10,000 rubles.
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Providing for use instruments of production or livestock in
return for compensation in money, in kind, or in labor at a rate clearly
in excess of that customary in the given locality, by taking advantage
of the poverty or straitened circumstances of the user, shall be pun-
ished by:
Confinement for a period not exceeding one year. (RSFSR
Laws 1928, Law No 283, dated 29 March 1928)
174. Extortion (vymogatel?stvo), that is, demanding the trans-
ferral of any kind of interest in or right over property, or demanding
the performance of any transaction in respect of property, under the
threat of personal violence to the injured party, of revealing informa-
tion discreditable to him, or of destroying his property, shall be pun-
ished by:
Confinement for a period not exceeding 3 years.
175. Intentional destruction or damaging of property belonging
to a private person shall be punished by,
Confinement or corrective labor work for a period not
exceeding 6 months, or a fine not exceeding 500 rubles.
The same act, if committed by means of arson, scuttling, or
any other means that constitutes a public danger, shall be punished by:
Confinement for a period not exceeding 5 years.
The same act, if it results in loss of life or in public
disaster, shall be punished by:
Confinement for a period not exceeding 10 years.
176. The failure of the captain of any ship involved in a col-
lision at sea to take the necessary measures to save the other vessel,
insofar as these measures could have been taken without seriously en-
dangering his own passengers, crew, and vessel, apart from any lia-
bility to prosecution for failure to assist the crew and passengers of
the wrecked vessel incurred under Section 156-1, shall be punished by:
Confinement or corrective labor work for a period not
exceeding one year, or a fine not exceeding 500,rubles.
(RSFSR Laws 1929, Law No 513, dated 25 June 1929)
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177. The disclosure of any invention prior to its being patented,
without the consent of the inventor, or the unauthorized use of any
literary, musical, or other artistic or scientific work in violation
of the law on authorship rights (zakon ob avtorskom prave), shall be
punished by:
Corrective labor work for a period not exceeding 3 months,
or a fine not exceeding 1,000 rubles. (RSFSR Laws 1931,
Law No 429, dated 30 August 1931)
178. Unauthorized use, for the purpose of unfair competition; of
another'.s brand (tovarnyy znak), factory mark (fabrichnyy znak), trade-
mark (remeslennyy znak), drawing,. model, [organizational] distinguish-
ing designation (firma), or tithe, shall be punished by:
Corrective labor work: for a period not exceeding 6 months,
or a fine not exceeding 3,000 rubles.
CHAPTER VIII. VIOLATION OF REGULATIONS PROTECTING
PUBLIC HEALTH,, SAFETY, AND ORDER
179. The preparation, possession, procurement, or sale o any
strongly acting poisonous substance without special authorization, or
violation of regulations governing production, possession, issuance,
accounting for, or` transportation of strongly acting poisonous sub-
stances, shall be punished by:
Confinement for a period not exceeding 5 years and con-
fiscation of the aforeindicated substances. (RSFSR
Laws 1936,. Law No 86, dated 1 June 1936)
179-a. Planting the opium poppy or Indian hemp without proper
authorization, shall be punished by:
Confinement for a period not exceeding 2 years,.or cor-
rective labor work for a period not exceeding one year,
and compulsory confiscation in either case of the plants.
(RSFSR Lava 1934, Law No 259, dated 1 December 1934)
180. The practice of medicine as' a profession by any person who
does not possess the requisite certificate of medical education, or the
practice by a medical worker of any kind of medical work which he does
not have the right to practice, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 500 rubles.
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181. Any violation of public health regulations issued for the
special purpose of combating epidemics shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 500 rubles.
*182. The manufacture, possession, purchase, or sale of explosive
substances, explosive devices, or firearms (except hunting weapons)
without proper authorization, shall be punished by:
Confinement for a period not exceeding 5 years and con-
fiscation of the. aforementioned substances, devices, or
firearms.
Transmission through the mails or by other means of any
firearm (except a hunting weapon), explosive, or highly flammable sub-
stance or object (such as gunpowder, cartridges, and the like), shall
be punished by:
Confinement for a period not exceeding 5 years and con-
fiscation of that which is transmitted.
Transmission through the mails of any corrosive acid or other
corrosive substance shall be punished by:
Corrective labor work for a period not exceeding 6 months
or a fine not exceeding 1,000 rubles, with confiscation
in either case of that which is transmitted through,
the mails.
The manufacture, possession, sale, or wearing of daggers,
Finnish knives, or similar bladed weapons other than by authorization
of the People's Commissariat of Internal Affairs under established
procedures, shall be punished by:
Confinement for a period not exceeding 5 years and con-
fiscation of weapons. (RSFSR Laws 1933, Law No 68,
dated 20 March 1933; 1935, Law No 14+6, dated 10 May 1935)
Note. Paragraph 4 of this section shall not apply to the
possession and carrying of bladed weapons in areas where the carrying
of such weapons is customary or constitutes an appurtenance of the
national costume. (RSFSR Laws 1935, Law No 14+6, dated 10 May 1935)
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182-1. The manufacture, dissemination, or advertisement of porno-
graphic works, printed materials, pictures, or other objects, or trad-
ing in or.keeping any of the same for the purpose of sale or dissem-
ination, shall be punished by:
Confinement for a period not exceeding 5 years and
compulsory confiscation of the pornographic objects
involved and of means for producing them. (RSFSR Laws
1935, Law No 214, dated 25 November 1935)
183. The, wearing by any unauthorized** person of any USSR or
union-republic order, insignia indicating membership in TsIK USSR or
VtsIK*?, or the emblem of the Red Cross or Red Crescent, shall be
punished by:
Corrective labor work. for a period not exceeding 3 months,
or a fine not exceeding 300 rubles, and compulsory con-
fiscation in either case of such orders or insignia.
(RSFSR Laws 1930, Law No. 504, dated 20 August 1930)
**See the ukase of the Presidium, Supreme Soviet USSR.of
2 May 194, "On Liability to Punishment for Illegally
Awarding Orders and Medals of the USSR and Badges, for
Misappropriating Orders, Medals, and Badges, and for Their
Transferral to Other Persons by Persons Awarded Them" (P115).
***Of the Supreme Soviet USSR or of the Supreme Soviet RSFSR.
184. The failure of the captain of any ship to inform. the captain
of any other ship with which his has collided at sea of the name,
port of registry, last port of call, and port of destination of his
ves,~ei, provided it is possible to communicate this information, shall
be punished by:
Corrective labor work for a period not exceeding 3 months
or a, fine not exceeding 300 rubles.
185. Any violation of regulations governing the reproduction and
dissemination of printed works, or of regulations governing the cen-
sorship, of photographs and motion pictures, shall be punished by:
Corrective labor work for a period not exceeding 3'months)
or a fine not exceeding 300 rubles.
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186. Any violation of regulations governing the keeping of doc-
uments and office records that are subject to the stamp tax, or of
regulations governing the keeping of commercial records, or failure
to present documents, papers, and records to officials engaged in a
stamp duty audit**, shall be punished by.
Corrective labor work for a period not exceeding 3
months, or a fine not exceeding 300 rubles.
**The stamp tax has been rescinded (USSR Laws 1930, Law
No 476).
187. The deli~erate giving of false information in statements
submitted to state agencies or officials or in statements required
by law in connection with the registration of any trade, industrial,
housing, or other association, company, and the like, shall be pun-
ished by:
Corrective labor work for a period not exceeding 3
months, or a fine not exceeding 300 rubles.
Violation of the regulations governing public accountability
shall be punished by:
The same measures of social defense.
188. The concealment of any collection or item of historical or
artistic value that is subject to registration, accounting, or trans-
fer to state repositories, shall be punished by:
Corrective labor work for a period not exceeding 3
months and confiscation of the concealed property.
189. Any violation of regulations governing the installation
of mechanical motors shall be punished by:
Corrective labor work for a period not exceeding 3
months, or a fine not exceeding 300 rubles.
190. Any violation of regulations governing the procedure for
opening and operating printing, lithographic, and similar establish-
ments, shall be punished by:
The same measures of social defense.
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191. The use of a private radio station for any unauthorized
purpose, or in violation either of the conditions of the authoriza-
tion granted or of the control regulations of agencies of the People?s
Commissariat of Posts and Telegraphs**, shall be punished by:
A fine not exceeding five times the amount paid or
subject to payment for the annual subscription.
Now the Ministry of CommunicationnUSSR.
Setting up any such a station without proper registration
or authorization, or operating it without paying the subscription
fee, shall be punished by:
A fine in the same amount imposed by administrative
action.
. 192. Any violation of ordinances issued by any local organ of
government within its legislatively established competence, or any
violation of decisions, orders, or instructions issued by any individual
governmental department under legislative authorization, provided that
the right to impose penalties. by administrative action is specifically
stipulated therein, shall be punished by:
A warning, or corrective labor work for a period not
exceeding one month, or a fine not exceeding 100 rubles
the penalty to be imposed by administrative action.
*192-a. A second violation of regulations governing the registra
tion of passports.or temporary identification certificates'by persons
arriving in a locality in which the passport system has been introduced,
provided they possess the prescribed documents, shall be punished by:
Corrective labor work for a period not exceeding 6
months.
Persons residing in these localities who do not have pass-
ports or temporary, identification certificates and who have already
been penalized by administrative action for the indicated violation,
shall be punished by:
Confinement for a period not exceeding 2 years. (RSFSit
Laws 1931+, Law No 157, dated 1 July 1930
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CHAPTER IX**. MILITARY CRIMES
**Version of the VTsIK and Sovnarrkom decree of 9 January
1928 (RSFSR Laws 1928, Law No 108). Chapter IX became
effective when there entered into force the TsIK and
Sovnarkom USSR decree of 27 July 1927 on putting into
force the Statute on Military Crimes (USSR Laws 1927,
Law No 504).
(Comment: The provisions of Chapter IX have been
extensively altered by the decree of the Presidium, Su-
preme Soviet USSR of 15 February 1957, "On Amending and.
Supplementing the Statue on Military Crimes" (Vedomosti
Verkhovnogo Soveta SSSR 1957, Law No 100). Where the no-
tation Amended 1957" appears in brackets after the num-
ber of a section of Chapter IX, the currently effective
version of the section may be found in "Part 2. Supple-
mentary Material, II. Legislation," which consists of a
translation of the 1957 amendments. Where a notation in
.-brackets indicates that a section has been added, the new
section may be found in the same place.)
193u-1. Considered to constitute military crimes shall be crimes
that are directed against the established system of performing mili-
tary service and that are committed by military personnel (voyennos-
luzhashchiye) or by persons subject to call-up for'military service
(voyennoobyazannyye) of the Worker-Peasant Red Army reserve on active
duty in (v ryadakh) the Worker-Peasant Red Army. (RSFSR Laws 1936,
Law No 2, dated 1 December 1935)
Note 1. Line, administrative, and housekeeping (khozyay-
stvennyye) personnel of the Worker-Peasant Militia? and operational
personnel of the Administration of State Security of the NKVD*** shall
be subject to prosecution under the appropriate sections of this
statute for crimes directed against the system of performing service
established for them. (Ukase of the Presidium, Supreme Soviet USSR
of 13 December 1940, Vedomosti Verkhovnogo Soveta SSSR No 51, 21 De-
cember 1940)
**Line, administrative, and housekeeping personnel of the
militia are not subject to punishment under the provisions
of the. Statute on Military Crimes (ukase of the Presidium,
Supreme Soviet USSR of 11 September 1953).
***See the ukase of 3 February 1941 on dividing the NKVD
USSR (now the MVD USSR) (Vedomosti Verkhovnogo Soveta SSSR
1941, No 7).
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Note 2. Persons not specified in this section [civilians] who
participate.in military crimes shall be, subject to prosecution under ap-
propriate sections of this chapter (RSFSR Laws 1936, Law No 2, dated
1 December 1935).
. 193-2. a. Failure to carry out any official military order shall be
punished by:
Confinement for a period not exceeding 5 years;
b. Commission of the same crime, if attended by extenuating
circumstances, shall be punished by.
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army;
c. The same crime, if committed by a group of persons, or by
commanding personnel (litso nachal stvuyushchego sostava) [NCOs or com-
missioned officers], or if it resulted or might have resulted in especially
serious consequences, shall be punished by:
Confinement for a period of not less than 3 years;
d. The same of crime, if committed in time of war, shall be
punished. by:
Confinement for a period of not less than 5 years, or, if
there are aggravating circumstances, by the supreme measure
of criminal punishment: death by shooting, and confisca-
tion of all property;
e. The same crime, if committed in a combat Aituation (v
boyevoy obstanovkc), shall be punished by:
The supreme measure of criminal punishment; death by
shooting, and confiscation of all property. (pS?SR Laws
1934, Law No 237, dated 20 October 1934)
193-3. a. The offering of resistance to any person in the performance
of any of his military duties shall be punished by:
Confinement for a period not exceeding 3 years.
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b. The same act, if committed by a group of persons, or if
attended by force or the use of a weapon, or if committed in a combat
situation, shall be punished by:
Confinement for a period of not less than 3 years.
c. Commission of the act specified in Clause b of this sec-
tion, if attended by aggravating circumstances, shall be punished by:
The supreme measure of social defense.
1193-3-1 added 1957]
193-4. a. Forcing any person who is performing his military duties
into any breach of such duties shall be punished by:
Confinement for a period of not less than one year.
b. The same act, if committed by a group of persons, or if
attended by force or the use of a weapon, or if committed in a combat
situation, shall be punished by:
Confinement for a period of not less than 5 years;
c. Commission of the act specified in Clause b of this section, if
attended by aggravating circumstances, shall be punished by:
The supreme measure of social defense.
193-5. a. A subordinate who insults his superior (nachal'nik), or
a junior who insults a senior (starshiy), by means of any forceful act
(nasil'stvennoye deystviye) while either (or both) is performing a mili-
tary duty, shall be punished by:
Confinement for aperiod of not less than 6 months.
b. Any insult inflicted under the above circumstances, if
committed either orally or by means of a nonforceful act (nenasil'stven
noye deystviye), shall be punished by:
Confinement for a period not exceeding 6 months.
c. Commission of the act specified in Clause b of this sec-
tion, if attended by extenuating circumstances, shall be punished by:
Application of the provisions of the disciplinary regula-
tions of-the Worker-Peasant Red Army.
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d. The same acts, if committed under the same circumstances
by a superior with respect to a subordinate, or by a senior with respect
to,a junior, shall be punished in the same manner.
193-6. a. The infliction of an insult in any case where the offender
and the offended are among the persons specified in Section 193-1, but
between whom no relationship of subordination or seniority exists, if
one of them is nevertheless performing his military duties, shall be pun-
ished by:
Confinement for a period not exceeding one year;
b. Commission of the same act, if attended by extenuating
circumstances, shall be punished by:
Application of the provisionp of the disciplinary regula-
tions of the Worker-Peasant Red Army.
*193-7.. [Amended 19571 a. Absence without leave (samovol"naya otluchka)
on the part of rank-and-file and junior commanding military personnel
(privates and NCOs) for periods not exceeding'2 hours, if a first offense,
shall be punished by:
Commitment for trial (predaniye) by .a comrades' court
(tovar.cheskiy'sud), or punishment by disciplinary action.
b. Absence without leave on the part of persons of the same
category, if committed more than once for periods not exceeding 2'hours,
or, if a first offense, for periods exceeding 2 hours, shall be punished,
by:
Commitment for trial by a military tribunal, with a sen-
tence to a disciplinary battalion for a period of from
2 months to 2 years, or, if there are extenuating circum-
stances, punishment by disciplinary action.
The question of whether to commit for trial or to punish
by disciplinary action shall be decided by the commander of a large unit
(soyedineniye) or of a separate unit pdellnaya chast?) that does not
form part of a large unit. (Ukase of the Presidium, Supreme Soviet RSFSR
of 31 May 1952),
c. The acts specified in Clause b of this section, if com-
mited in time of war, shall be punished by:
Confinement for a period of from 3 to 7 years.
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d. Absence without leave for a period in excess of 24 hours
constitutes desertion (dezcrtirstvo) and shall be punished by:
Confinement for a period of from 5 to 10 years; or, if
committed in time of war, the supreme measure of punish-
ment: death by shooting, and confiscation of property.
(Ukase of the Presidium, Supreme Soviet USSR of 6 July
1940)
e. The acts specified in Clauses a and b of this section, if
committed by intermediate, senior, or higher commanding personnel [com-
missioned officers] or by junior commanding personnel [NCOs] on extra-
ter,n service, shall be punished by:
Confinement for a period of not less than 2 years, with
or without confiscation of property; or,.if committed in
time of war: the supreme measure of social defense and
confiscation of property.
f. The acts specified in Clause a of this section, if com-
mited in time of peace, even though by commanding personnel [NCOs or
commissioned officers] -- in case there. are especially extenuating cir-
cumstances and if absence without leave did not continue for more than 12
(4) 24-hour periods -- shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army. (RSFSR Laws 1929,
Law No 628, dated 12 August 1929)**
**With regard to commanding personnel, it is necessary to be
guided by the old edition of Section 193-7 of the Criminal
Code of the RSFSR, which was in force prior to the issuance
of the ukase of the Presidium, Supreme Soviet USSR of 6 July
1940, since Clauses e and f of Section 193-7, referring to
crimes specified in Clauses a and b of the same section, have
in view the old texts of these clauses (see p 162 ). [The
significance of the otherwise puzzling "12 (4) 24-hour periods"
becomes apparent from a reading of Section 193-7 a, old edi-
tion, given on the indicated page,)
193-8. (Amended 1957] a. Unauthorized leaving (samovOl'noye ostavleaiy
the.urnit orplac; c?f' service without intent entirely to evade performance o
military duties, if the absence is not prolonged for more than 6 (2)
24-hour.periods (absence without leave) (the significance of the other-
wise puzzling "6 (2) 24-hour periods" becomes apparent from a reading of
Section 193-7 a, old edition, given on p 162; see footnote Section 193-7
f], but is systematically repeated, shall be punished by:
The measures of social defense specified in Clauses a and
c of Section 193-7.
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b. The same act, if committed by intermediate, senior, or
higher.commanding personnel [commissioned officers], or by junior com-
manding personnel [NCOs] on extra-term service, shall be punished by:
The measures of social defense specified in Clause e of
Section 193-7. (RSFSR Laws 1929, Law No 628, dated
12 August 1929)
Note. The measure of social defense Npecified in Clause c of
Section. 193-7 shall be applied in cases where an individual has been con-
victed more than. once of the offense specified in Clause a of this sec-
tion, as well as in cases of first convictions for the indicated offense
if committed either in time of war or after conviction for any of the
acts specified in Clauses a, b, and d of Section 193-7, (RSFSR Laws
1929, Law No 628, dated 12 August 1929)
193...9. a. Unauthorized leaving of the unit or place of service in
a combat situation shall be punished by:
The supreme measure of social defense and confiscation of
property.
b. Commission of the same act, if attended by extenuating
circumstances, shall be punished by.
Confinement, for a period of not less than 3 years, with
or without confiscation of property.
193-10. [Amended 1957] a. Failure to appear for duty at the appointed
time on occasion of assignment, transfer, or return from travel on official
business or from leave, shall involve:
Responsibility on the bases specified in Sections 193-7,
193-8, and 193-9.
b. Failure of military personnel or reservists (zapasnyye) to
appear at the appointed time, without good cause, for training musters,
maneuvers, or other training activities, or for call-up for practice mo-
bilization, shall involve:
Responsibility on the same bases. (RSFSR Laws 1931, Law
No 46, dated 10 January 1931)
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193-10a. Evasion in time of war of call-up for mobilization into the
Worker-Peasant Red Army, or evasion in time of war of any subsequent
call-up to provide replacements for the Worker-Peasant Red Army, shall
be punished by:
Confinement for a period of not less than one year, but
for commanding personnel [NCOs and commissioned officers]
of not less than 2 years, with confiscation of all or a
part of property, provided that when there are especially
aggravating circumstances the penalty may be increased up
to the supreme measure of social defense: death by shoot-
ing, with confiscation of property. (RSFSR Laws 1931, Law
No 16, dated 10 January 1931)
193-11. a. Failure of temporary military personnel (voyennosluzhash-
chiye peremennogo sostva) of territorial cavalry units of the Worker-
Peasant Red Army to fulfill the duty to bring with them those of their
own horses that are registered with the indicated units, shall be pun-
ished by:
Confinement for a period not exceeding 6 months.
b. Commission of the same act, if attended by extenuating
circumstances, shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army.
193-12. a.. Any serviceman who evades performance of military duties
by means of self-inflicted injury, malingering, forgery of documents,
or by other fraudlent means, shall be punished by:
Confinement for a period not exceeding 5 years.
b. Commission of the same crime, if attended by aggravating
circumstances, shall be punished by:
Confinement for a period of not less than 3 years.
c. The same crime, if committed in time of war or in a com-
bat situation, shall be punished by:
The supreme measure of criminal punishment: death by
shooting, with confiscation of all property. (RSFSR Laws
1934, Law No 237, dated 20 October 1934)
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193-13. Evasion of performance of military1duties, in particular on
the pretext of religious or other convictions, if the criteria of crimes
covered by other sections of this chapter are not present, shall be pun-
ished by:
The measures of social defense specified in Section 193-2,
193-14. a. Misappropriation of military property (promotaniye), that
is, the illegal taking, pawning, or transfer for use, of any item of
government equipment or supplies by any person to whom it has been en-
trusted for temporary or permanent use, or the intentional destruction
or damaging of any such article, or any violation of regulations govern-
ing custody of the same, shall be punished by:
Confinement for a period not exceeding one year.
b. Commission of the same acts, if attended by extenuating
circumstances, shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army.
c. The same acts, if committed with respect to any bladed
weapon, firearm, cartridge, or means of transport issued for official
military use, shall be punished by:
Confinement for a period not exceeding 3 years.
d. The acts specified in Clause a of this section, if committed
in time of war or in a combat situation, shall be punished by:
Confinement for a period of not less than one year.
e. The acts specified in Clause c of this section, if com-
mitted in time of war or in a combat situation, shall, be punished by:
Confinement for a period of not less than 3 years, or,
if there are aggravating circumstances, the supreme
measure of social defense.
Note. Any person who receives any article that is mentioned
in this section with the knowledge that it has been illegally taken,
pawned, or transferred to another person's use or possession, shall be
held responsible as an accessory.
1193-14-1,-2,-3 added 19571
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193-15. a. Any violation of the regulations governing guard
[sentry] or convoy duty, or of any directive issued pursuant to these
regulations, shall be punished by:
Confinement for a period not exceeding 6 months.
b. Commission of the same act, if attended by extenuating cir-
cumstances, shall be punished by:
Application of the provisions of the disciplinary ,reg la:-.
tions of the Worker-Peasant Red Army.,,,
c. Any violation of the regulations governing guard duty com-
mitted by any person while standing guard over any store of arms, am-
munition, or explosives, or over anything else of especial state or mili-
tary importance, shall be punished by:
Confinement for a period not exceeding 3 years. (R$FSR Laws
1931, Law No 47, dated 15 January.1931)
d. Any violation of the regulations governing guard or convoy
duty, if it results in the occurrence of harmful consequences that the
posting of guards or the formation of a convoy was designed to prevent,
shall be punished by:
Confinement for a period of not less than one year.
e. The acts specified in Clauses c and d of this section, if
committed in a combat situation, shall be punished by:
Confinement for a period of not less than 3 years, orfif
there are aggravating circumstances, the supreme measure
of social defense.
[193-15-1 and-2 added 1957]
193-16. a. Any violation of the regulations governing internal (watch,
vakhtennaya) duty by any person who is listed on the 21+-hour duty roster
of any military unit (other than for guard duty), shall be punished by:
Confinement for period not exceeding 6 months.
b. Commission of the same act, if attended by extenuating cir-
cumstances, shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army.
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c. Commission of the same act, if attended by harmful conse-
quences, the prevention of which was the duty of the person involved,
shall be punished by-
Confinement for a period not exceeding 2 years.
d. The same act, if committed in time of war or in a combat
situation, shall be punished by*
Confinement for a period of not less than one year.
e. Commission of the act specified in Clause d of this section,
if attended by extenuating circumstances, shall be punished byo'
Confinement for a period not exceeding 3 years.
193-17. a. Abuse of authority, acting in excess of authority, failure
to act, or neglect of duty on the part of any member of the commanding
personnel [NCOs and commissioned officers] of the Worker-Peasant Red Army,
if the offense is committed systematically, or from mercenary or other
motives of personal interest, or if the offense results in the disorgan-
ization of the forces entrusted to him or of a task assigned him, or in
the disclosure of military secrets, or in any other serious consequences,
or, even if the aforementioned consequences do not result -- provided
either that the offender knew that they might result or that the act was
committed in time of war or in a combat situation -- it shall be punished
by:
Confinement for a period of not less than 6 months.
b. Commission of the same acts, if attended by especially
aggravating circumstances, shall be punished bye
The supreme measure of social defense.
c. Commission of the same acts, if the criteria specified in
Clauses a and b of this section are not present, shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army.
193-18. a. Any act or order of a superior that prevents any service-
man subordinate to him, or the family of such a person, from enjoying
the privileges and preferences established for military personnel of the
Worker-Peasant Red Army or their families, shall be punished by:
Confinement for a period not exceeding one year.
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b. Commission of the same. acts, if attended by extenuating
circumstances, shall be punished by:
Application of the provisions of the disciplinary regula-
tion of the Worker-Peasant Red Army.
c. The same acts, if committed systematically or from mercenary'',
or other motives of
l
persona
interest, shall be punished by:
Confinement for a period of not less than one year.
193-19. Any superior who illegally uses his subordinate to perform
personal services for himself,*his family, or for any other person, shall
be punished by;
Confinement for a period not exceeding 5 months.
193-20. [Amended 1957] a. Any commander who surrenders to the enemy
the military forces entrusted to him, or who abandons to the enemy, de-
stroys, or renders unserviceable any fortification, warship, military air-
craft, artillery, military depot, or other means for waging war that has
been placed in his charge, or any commander who fails to take the proper
measures to destroy or render useless any of the previously enumerated
means of waging war if it is in immediate danger of capture by the enemy
and all means of saving it have been tried -- if such an act is committed
for the purpose of aiding the enemy -- shall be punished by:
The supreme measure of social defense and confiscation of
property.
b. The same acts, if committed in contravention of military
regulations but not with the object of aiding the enemy, shall be pun-
ished bye
Confinement for a period of not less than 3 years, or, if
there are aggravating circumstances, the supreme measure
of social defense and confiscation of property.
193-21. [Amended 1957] a. Any commander who, without authorization
and with the object of'aiding the enemy, deviates from the battle orders
given him, shall be punished by.
The supreme measure of social defense and confiscation of
property.
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be The same act,.if committed in contravention of military
regulations but not with the object of assisting the enemy, shall be pun-
ished by:
Confinement for a period of not less than 3 years, or, if
there are especially aggravating circumstances, the supreme
measure of social defense.
193-220 [Amended 19571 Unauthorized departure from the battlefield
during combat, surrender when the circumstances of battle do not require
it, refusal to use one's weapons in combat, or defection to the enemy,
shall be punished by:
The supreme measure of social defense and confiscation of
property.
[193-22-1 and-2 added 1957]
193-23. Any commander who abandons a sinking warship without having
carried out his official duties to the last, or any other members of
such a ship's complement who does the same without having received the
necessary order to that effect from the commander, shall be punished by:
The supreme measure of social defense.
193-24. Transmission. any foreign government, hostile army, or
counterrevolutionary organization of information on the armed forces and
defense capabilities of the USSR, or stealing or collecting such informa-
tion for the purpose of so transmitting it, shall be punished by:
Confinement for a period of not less than 5 years, with or
without confiscation of property; but in cases where the
espionage has had or might have had particularly harmful
effects on the interests of the USSR, the supreme measure
of social defense and confiscation of property shall be ap-
plied
193-25. ao Rescinded. (Ukase of the Presidium, Supreme Soviet RSFSR
of 27 June 1947, Vedomosti Verkhovnogo Soveta SSSR 1947, No 29)
bo The same act**, if it causes or, to the knowledge of the
.offender, might have caused particularly serious consequences, shall be
punished by:
The supreme measure of social defense and confiscation of
property.
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**Rescinded Clause a of Section 193-25 dealt with "the dis-
closure of information on the armed forces and defense capa-
bilities of the USSR that is an especially safeguarded secret.
c. Disclosure of military information that is not subject to
disclosure but which, on the other hand, does not constitute an especially~
safeguarded secret, shall be punished by:
Confinement for a period not exceeding one year.
d. Commission of the act specified in Clause c of this section,,
if attended by extenuating circumstances, shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army.
193-26. Any communication in time of war, by written correspondence
or by any other means, with any person belonging to a hostile army, or
residing in enemy territory or in places occupied by enemy troops, shall
be punished by.
Confinement for a period not exceeding 3 years.
193-27. a.. Pillage (maroderstvo), that is, stealing from the dead or
wounded on the field of battle, shall be punished by:
Confinement for a period of not less. than 3 years.
b. Commission of the same act, if attended by aggravating cir-
cumstances, shall be punished by.
The supreme measure of social defense and confiscation of
property.
193-28. Any act of robbery, looting (grabe.zh), illegal destruction of
property, or violence, or any illegal taking of property on the pretext
of military necessity, committed against the civilian population in an
area of military operations, shall be punished by.
Confinement for a period of not less than 3 years, with or
without confiscation of property, or, if there are aggravat-
ing circumstances, the supreme measure of social defense
and confiscation of property.
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193-29. a. Mistreatment of prisoners, if committed more than once or
if attended by especial cruelty or inflicted on the sick or wounded, or
negligent performance of duties with respect to such sick or wounded on
the part of persons responsible for their care and medical treatment,
shall be punished by:
Confinement for a period not exceeding 3 years.
b. Mistreatment of prisoners not attended by the aforementioned
aggravating circumstances shall be punished by:
Application of the provisions of the disciplinary regula-
tions of the Worker-Peasant Red Army.
193-30. Any person, not having the right to do so who wears in an area
of military operations the insignia of the Red Cross or Red Crescent, or
any commander who issues orders concerning [authorizing] the wearing of
such insignia by any such person, shall be punished by:,
Confinement for a period not exceeding one year.
193-31. Abuse in time of war of any Red Cross or Red Crescent flag
or emblem, or of an identifying color reserved for the means of transport
of the medical evacuation service, shall be punished by:
Confinement for a period not exceeding one year.
1193-32 added 19571
CHAPTER X**. CRIMES CONSTITUTING A SURVIVAL
OV THE TRIBAL WAY OF LIFE
**Version of the VTsIK decree adopted at the second session
of thg)13th convocation on 6 April 1928 (RSFSR Laws 1928, Law
No 5.
194. Acceptance of any property consideration paid by any person
who has killed another person, by his parents, by his relatives, or by
his tribe, to the parents, relatives, or tribe of the victim in the form
of expiation-money which exempts from revenge (vykup osvodbozhdayuschiy
of mesti) or legal prosecution, shall be punished by-
A fine not exceeding twice the amount of the consideration
received,
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195. Refusal by any member of the tribe of a person who has been
killed to make peace with the person who killed him and his tribe in the
manner established by local rules for conciliation proceedings, or in any
way hindering conciliation, shall be punished by:
Banishment from the given locality, with or without con-
fiscation of a part of property.
196. Payment of a purchase price for a bride (vykup za nevestu)
(bride money, kalym) by the bridegroom, by his parents, or by his rela-
tives by blood or marriage, to the parents,or relatives by blood or mar-
riage of the bride, whether in the form of money, cattle, other property,
or personal labor, shall be punished by;
Confinement or corrective labor work for a period not ex-
ceeding one year.
Acceptance of a purchase price for a bride shall be punished by:
The same measures and a fine equal to the amount of the
purchase price.
197. Forcing a woman to enter into marriage or to continue marital
cohabitation, or the kidnapping of a woman for the purpose of marriage,
shall be punished by.
Confinement for a period not exceeding 2 years.
Note. The rape, in such a case, of the woman involved
shall be punished by the measures provided for in Sections 151 or 153
of this code.**
**See the ukase of the Presidium, Supreme Soviet USSR of
4 January 1949, "on Increasing Criminal Liability for
Rape" (p 116).
198. Entrance into marriage with a person who has not attained
marriagable age shall be punished by:
Confinement for a period not exceeding 2 years.
Entrance into marriage with a person who has not reached the
age of puberty, or forcing the conclusion of such a marriage, shall be
punished by.
Application of the measures specified in Section 151 of
this code.
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199. Bigamy (dvoyezhenstvo) or polygamy (mnogozhenstvo) shall be
punished by.,
Corrective labor work for a period not exceeding one year,
or a fine not exceeding 1,000 rubles.
Note. Criminal legislation relative to bigamy and polygamy
shall not apply to cohabitation in marriages entered into prior to the
issuance of these laws.
200. Unauthorized taking of cattle or other property (baranta),
without appropriating the same for one?s self, and with the sole object
of compelling the owner or his relatives to give satisfaction for a wrong
they have committed or to make restitution for some material loss they
have caused, shall be punished by:
Corrective labor work for a period not exceeding 6 months,
or a fine not exceeding 500 rubles.
Commission of the same act, if the offender is armed, shall be
punished by:
Confinement for a period not exceeding one year.
When the same act is committed by an armed group of kinsmen, it
shall be punished by:
Confinement for a period not exceeding 3 years (for the or-
ganizers, instigators, and leaders) and confinement for a
period not exceeding one year (for any other participant).
201. Any attack on an individual, family, tribe, clan, dwelling
house, or place of habitation, if it is organized with the participation
of a large number of tribesmen or clansmen by reason of clan or tribal
enmity, shall in respect of the organizers and leaders -- be punished
by.
Confinement for a period not exceeding one year.
202. Any violence used against any person at the time of such a con-
flict-as is referred to in Sections 200 and 201, or any killing, bodily
injury, beating, and the like, shall be prosecuted in the same way as the
crime which the violence used constitutes by definition.
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203. Any arrogation of judicial powers by-passing any decision in
accordance with tribal custom (adat, and the like) in violation of the
principles of Soviet law, involving taking advantage of the position of
dependence in which the parties stand by reason of the tribal way of
life, shall be punished by;
Corrective labor work for a period not exceeding one
year, or a fine not exceeding 1,000 rubles.
20l+. The exaction of forced collections for purposes connected
with religion or tribal custom by obviously taking advantage of the
dependence in which the payers stand by reason of the tribal way of
life, shall be punished by:
Corrective labor work for a period not exceeding 6
months, of a fine not exceeding 1,000 rubles.
205. Chapter X applies to those autonomous republics,. autonomous
oblasts, and other areas of, the RSFSR where the socially dangerous acts
enumerated therein remain as survivals of the tribal way of life among
the nationalities inhabiting the territories in question.
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APPENDIXES
A. LEGISLATIVE ACTS AIW JUDICIAL RULINGS
Law on the Defense of Peace (Law of 12 March 1951)
The Supreme Soviet USSR, being guided by the high principles of
'Soviet peace-loving policy., and with the objective of strengthening
peace and friendly relations among peoples, recognizes that the con-
science and concept of law of nations that have borne during the life-
time of a single generation the calamities of two world wars cannot be
reconciled to the impunity with which aggressive groups in certain states
conduct war propaganda, and the Supreme Soviet USSR makes common cause
with the appeals of the Second World Congress of Partisans of Peace --
expressing the will of progressive humanity as a whole -- regarding
condemning and outlawing criminal war propaganda.
The Supreme Soviet USSR decrees
1m War propaganda in any form whatsoever shall be considered to
undermine the cause of peace, to create the threat of a new world war,
and therefore to constitute a heinous crime against humanity.
20 Persons guilty of carrying on war propaganda shall be tried
and condemned as serious orimiaaa1 offenders. (Vey sti Verkhovnogo
Soveta SSSR 1951, No 5)
On Abolishing the Death Penalty (Ukase of the Presidium, Supreme Soviet
of May197
The Soviet peopleas historic victory over the enemy has demonstrated
not only the burgeoning power of the Soviet state, but, before all else,
the exceptional devotion of the poj: slatioea of the USSR to the Soviet
Motherland and Soviet Government.
In addition, the international situation during the period that has
elapsed since the capitulation of Germany and Japan indicates that the
cause of peace may be considered ensured for a long time, despite the
attempts of aggressive elements to provoke war,
Taking into account these circumstances, responding to the wishes
of workers? and employees? trade; unions and of other authoritative organ-
zations, and expressing the opinion of broad public groups, the Pr?esi-
dium, Supreme Soviet,USSR considers that application of the death penalty
is no longer necessary trader peacetime conditions o
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The Presidium, Supreme Soviet USSR decrees:
1. The death penalty, as established for crimes by laws in force
in the USSR, shall be abolished in time of peace.
2. The penalty for crimes punishable under laws in force by the
death penalty shall be, in time of peace, confinement in a corrective
labor camp for a period of 25 years.
3. Any death sentence that has not been executed by the time this
ukase is issued shall be commuted, by ruling of a higher court, to the
punishment specified in Section 2 of this ukase. (Vedomosti Verkhovnogo
Soveta SSSR 1947, No 17)
On-Applying the Death Penalty to Traitors, Spies, Subversives, and
Saboteurs U ase of the Presidium, Supreme Soviet, USSR of 12 January 1950)
In view of declarations received from national republics, trade
unions, peasant organizations, and leaders of culture concerning the
necessity of amending the ukase "On Abolishing the Death Penalty," in
order to remove from its coverage traitors, spies, subversives, and
saboteurs, the Presidium, Supreme Soviet USSR decrees:
1. As an exception to the ukase of the Presidium, Supreme Soviet
USSR of 26 May 1947, "on Abolishing the Death Penalty," the death pen-
alty, as the supreme measure of punishment, may be applied to traitors,
spies, subversives, and saboteurs.
2. This ukase shall go into force on the day it is published.,
(Vedomosti VerkhovnogoSoveta?SSSR 1950, No 3)
On Increasin .the Criminal Penalt for Murder (Ukase of the Presidium,
Supreme Soviet USSR of 30 April 15
In connection with petitions of citizens and public organizations
that the death penalty be made applicable to murderers, and with the
object of better safeguarding the lives of citizens, the Presidium,
Supreme Soviet USSR decrees:
The ukase of the Presidium, Supreme Soviet USSR of 12 January 1950,
"On Applying the Death Penalty to Traitors, Spies, Subversives, and,
Saboteurs," shall also apply to any person who commits murder under
aggravating circumstances. (Vedomosti Verkhovnogo Soveta SSSR 19,54.-No, 11
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On More Effective) Safeguarding Private Property (Ukase of the Presidium,
Supreme Soviet USSR of E June 1947)
I order more effectively to safeguard private property, the Presi-
dium, Supreme Soviet USSR, decrees
1. Larceny (krazha), that is, the secret or open theft of private
property, shall be punished by:
Confinement in a corrective labor camp for 'a period of from
5 to 6 years.
time shall be Larceny, if committed by a band of thieves, or for the second
punished by:
Confinement in a corrective labor camp for a period of
from 6 to 10 years.
2. Robbery (razboy), that is, an aggressive act committed with the
object of taking possession of another person's property that is accom-
panied by the employment or by the threat of violence, shall be punished
by:
Confinement in a corrective labor camp for a period of
from 10 to 15 years and confiscation of property.
Robbery, if accompanied by violence endangering the life or
health of the injured party or by a threat to kill or inflict,;serious
bodily injury on him, or if committed by a band of robbers or for the
second time, shall be punished by,
Confinement in a corrective labor camp for a period of
from 15 to 20 years and confiscation of property.
3. Any person who, having definite knowledge of a robbery that
has been committed or that is being prepared, fails to report it to a
governmental agency, shall be punished by:
Confinement for a period of from one to 2 years, or exile
(ssylka) for a period of from 4 to 5 years. (Vedomosti
Verkhovnogo Soveta SSSR 1947, No 19)
On Responsibility Under Criminal Law for Plundering State and Public
Property (Ukase of the Presidium, Supreme Soviet USSR of 14 June 1947)**
**See the decree of the Plenum, Supreme Court USSR of 28 May
1954, No 5 (p 10)4).
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In order to unify legislative provisions on responsibility under
criminal law for plundering state and public property, and in order
more intensively to combat these crimes, the Presidium, Supreme Soviet
USSR decrees:
1. Larceny, misappropriation, embezzlement, or any other form of
plundering of state property,** shall be punished by:
Confinement in a corrective labor camp for a period of
from 7 to 10 years, with or without confiscation of
property.
**See the ukase of the Presidium, Supreme Soviet USSR, of
10 January 1955, "On Responsibility Under Criminal Law for
Petty Larceny of State and Public Property" (p 103)-
2. Plundering of state property, if committed for a second time,
or by an organized group (band), or in a large amount, shall be punished
by:
Confinement in a corrective labor camp for a?period of
from 10 to 25 years and confiscation of property.
3. Larceny, misappropriation, or any other form of plundering of
kolkhoz, cooperative, or other public property, shall be punished by:
Confinement in a corrective labor camp for a period of
from 5 to 8 years, with or without confiscation of property.
4. Plundering of kolkhoz, cooperative, or any other kind of public
property, if committed for the second time, or by an organized group
(band), or in a large amount, shall be punished by:
Confinement in a corrective labor camp for a period of
from 8 to 20 years and confiscation of property.
5. Any person who, having definite knowledge that plundering of
the state or public property specified in SectionS2 and 4 of this ukase
has been committed or is being prepared, fails to report it to a govern-
mental agency, shall be punished by:
Confinement for a period of from 2 to 3 years, or exile
(ssylka) for a period of from 5 to 7 years. (Vedomosti
Verkhovnogo Soveta SSSR 1947) No 19)
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On Res onsibility Under Criminal Law for Petty Plundering of State or
'Public Property Ukase of the Presidium, Supreme Soviet USSR of 10 Jan-
uary 195
Be it enacted that petty plundering of state or public property, if
a first offense, shall be punished by:
Corrective labor work for a period of from 6 months to
one year, or confinement for a period of 3 months.
The same acts, if committed a second time, shall be punished by:
Confinement for a period of from one to 2 years.
On How the Courts Shall A l the Ukases of the Presidium, Supreme
reme
Soviet USSR of June 194-7- (Decree of the Plenum, Supreme Court USSR
of August 7, No 1276)
In view of the questions that have arisen in judicial practice in
connection with issuance of the ukases of the Presidium, Supreme Soviet
USSR of 4 June 1947, "On More Effectively Safeguarding Private Property,"
and "On Responsibility Under Criminal Lair for Plundering State and Public
Property," the Minister of Justice USSR, acting in accordance with Sec-
tion 7, Clause c of the Statute.on the People's Commissariat of Justice
USSR, submitted to the Plenum, Supreme Court USSR, a proposal that it
issue guiding instructions to the courts on these matters.
The Plenum, Supreme Court USSR resolves to issue the following
instructions to the courts:
1. Crimes specified in the indicated ukases that are committed'
after their issuance shall be subject to qualification under the appro4
priate sections thereof. There shall not be applied in this connection
the law of 7 August 1932, Section 1 of the ukase of the Presidium,
Supreme Soviet USSR of 10 August 1940 ("On Responsibility Under Criminal
Law for Petty Larceny in Production and Hooliganism"), Sections 59-3a,
116, 162, 165, 166, 166-a, or 167, or Paragraph 2 of Section 169** of the
RSFSR Criminal Code, or corresponding sections of the criminal codes of
other union republics.
**See Section 9 of the decree of the Plenum, Supreme Court
USSR of 28 May 1954, No 5 (p 106).
2. Cases involving the crimes specified in Sections 2 and 4 of
the ukase "On Responsibility Under Criminal Law for Plundering State and
Public Property," shall -- with regard to thefts in large amounts -- be
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subject to trial by kray, oblast, and okrug courts and by the supreme
courts of union and autonomous republics. All other cases involving
crimes covered by the ukases of 4 June 1947 shall be tried by people's
courts.
3. Pretrial investigation must be carried on with respect to all
crimes covered by the ukases of 4 June 1947.
Such cases must be forwarded to court by a prosecutor.
On Judicial Practice in A lyin the Ukase of the Presidium Supreme
Soviet USSR of June 1947, 'On Responsibility Under Criminal Law for
Plundering State and Public Property Decree of the Plenum, Supreme
Court USSR. of 2 May 1995 , No 5
With the objects of further strengthening socialist legality and of
standardizing judicial practice in applying the ukase of the Presidium,
Supreme Soviet USSR of 4 June 1947, "On Responsibility Under Criminal
Law for Plundering State and Public Property," the Plenum, Supreme Court
USSR resolves to issue the following instructions to the courts:
1. In view of the fact that combating the plundering of socialist
property is one of the basic tasks of Soviet jurisprudence, the courts
must continue strictly to implement the ukase of the Presidium, Supreme
Soviet USSR of 4 June 1947, "On Responsibility Under Criminal Law for
Plundering State and Public Property."
2. In trying cases involving the plundering of socialist property,
the courts must -- as in other cases -- take an individual approach to
the designation of punishments, taking into account (in accordance with
Section 45 of the RSFSR Criminal Code and with corresponding sections of
the criminal codes of other union republics) the concreteociwhich the
rcumstances
social
crime committed constitutes a
of the case, and the personality of the accused.
In addition, with regard to cases involving petty plundering com-
mitted for the first time, if there are extenuating circumstances the
courts must take into account the instructions contained in Section 51
of the RSFSR Criminal Code and in corresponding sections of the criminal
codes of other union republics, to establish the courts
doing so being g noted d in sentences)
than the minimum specified in the law.
3. It is called to the attention of the courts that in deciding
whether or not to qualify a crime as that of plundering, they shall
proceed, in terms of the ukase of 4 June 1947, on the basis that inten-
tional illegal conversion of state or public property into one's own
property must be regarded as plundering, irrespective of the forms or
means by which the property was so converted.
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4e Abuse of official position shall be qualified under the ukase of
4 June 1947 only in cases where an official has used his official posi-
tion illegally to convert state or public property into his own property,
or where.he has used his official position illegally to transfer posses-
sion of it to other persons from mercenary motives.
5. Intentional illegal receipt from any state or public organiza-
tion of any prize, salary increase, or other payment obtained with the
aid of any document known to be spurious, shall be qualified as plunder-
ing.
6. The presentation of any forged receipt or of any other spurious
document for the purpose of evading any tax, requirement to furnish goods,
or any other obligation, shall be qualified under Section 72 of the
RSFSR Criminal Code and under corresponding sections of the criminal codes
of other union republics.
7. The plundering of any state or public property, if armed attack
(razboynoye napadeniye) on any person having control or custody of the
property is involved, shall be qualified as plundering under aggravating
circumstances under Section 2 or Section 4 of the ukase of 4 June 1947.
But if such an act involves the commission of murder, or is committed
under such circumstances as to involve the criteria of banditry, a cumu-
lative penalty shall be imposed,
8. Unauthorized mowing of hay in any'hayfield belonging to any
sovkhoz, kolkhoz, or other state or public organization, if these acts
are required to involve responsibility under criminal law, shall be
subject to qualification under Section'90 of the RSRSR Criminal Code and
under corresponding sections of the criminal codes of other union repub-
lice.
9. By way of amending the decree of the Plenum, Supreme Court USSR
of 22 August 1947, the courts are hereby instructed that any fraudulent
act causing a loss to any state or public institution, enterprise, or
organization shall be subject to qualification under Paragraph 2, Section
169 of the RSFSR Criminal Code and under corresponding sections of the
criminal codes of other union republics, unless such an act is combined
with plundering of state or public property.
10. It is explained that not all acts of plundering committed jointly
by two or more persons may be regarded as plundering committed by an
organized group (band), and that Section 2 or Section 4 of the ukase of
4 June 1947 may be applied in terms of this criterion only wheri it is
determined from the circumstances of a given case that plundering was
committed by prior collusion among a group of persons who organized
themselves with this object in view.
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11. Plundering of state or public property must be regarded as
having been committed a second time if any act of plundering either state
or public property was previously committed. Equally, any larceny of
private property must be regarded as having been committed a second time
if it was preceded by any larceny of the same kind of property.
In any case involving commission of several kinds of plundering
for which sentence has not been passed on the offender, each act of
plundering shall be qualified separately in accordance with applicable
legislation and a cumulative penalty shall be imposed in"accordance with
Section 49 of the RSFSR Criminal Code and with corresponding sections
of the criminal codes of other union republics.
12. If a court finds the accused guilty in any case involving the
plundering of state or public property, it must decide the question of
collecting from the guilty person the cost of any loss he has caused.
If, prior to the trial of any case, a suit [to recover damages]
has not been initiated, before hearing the case the court must give
timely notice to interested institutions,. enterprises, and organizations
regarding initiation of a suit against the person committed for trial.
13. In trying any case involving the plundering of socialist
property a court shall, on the basis of careful analysis of the circum-
stances of the case, determine the nature of the causes that facilitated,
the act of plundering, and, by means of an interlocutory order, bring
to the attention of appropriate agencies the shortcomings discovered
(bad organization of accounting, of protection of property, and the
like) in order that they may be eliminated; and when necessary, a court
may issue an interlocutory order on subjecting the guilty persons to
punishment by administrative action or by means of criminal prosecution.
14. It is called to the attention of the courts that, in reviewing
on points of law or pursuant to the ex officio reopening thereof, cases
involving plundering of state or public property, the courts must check
with especial care on the completeness and thoroughness with which such.
cases have been analyzed and on whether or not crimes have been correctly
qualified and proper sentences passed.
15. In connection with the issuance of this decree, the following
shall be considered no longer in force: the decree of the Plenum,
Supreme Court USSR of 6 May 1952, "On Judicial Practice in Applying the
Ukase of the Presidium, Supreme Soviet USSR of 4 June 1947, 'On Responsi-
bility Under Criminal Law for Plundering State and Public Property.".
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On,Applying the UkaseSof 4 June 1947 to Minors (Excerpt from the decree
of the Plenum, Supreme Court USSR of 17 February 1948, No 4/2/V)
In order to eliminate deficiencies of Judicial practice in cases
involving minors of from 12 to 16 years of age who are subjected to
criminal prosecution under either of the ukases of 4 June 1947, the
Plenum, Supreme Court USSR resolves to issue the following instructions
to the courts:
to Judicial organs.are hereby instructed that, in any case involv-
ing the commission of petty plundering by a minor who is from 12 to.16
years of age, a court must take under consideration the question of dis-
missing the criminal case by virtue of the inexpediency of applying a
measure of criminal punishment and of sending the accused to a labor
educational colony (trudovaya vospitatel?naya koloniya)o
If, by reason of the concrete circumstances of a case of petty
plundering, a court concludes that it is inexpedient to send the accused
to a labor educational colony, it shall have the right to order the
criminal charges dismissed and to decree that the accused shall be
placed in charge of his parents or of guardians. His parents, or agencies
of public education or guardianship, shall be responsible for continuously
supervising the conduct and education of the accused,
2. Judicial organs are hereby instructed that`, in any case involv-
ing a minor of from 12 to 16 years of age that is not subject to dis-
missal, the court may, when necessary, provided that there are extenuat-
ing circumstances, reduce punishment, as provided by Section 51 of the
RSFSR Criminal Code and by corresponding sections of the criminal codes
of other union republics, or it may impose a suspended sentence. In
either case, .the grounds for ameliorating punishment shall be stated in
the sentence.
In imposing a suspended sentence a court must not leave a minor
with the feeling that he has coanrii .e ;., : ririie with im rani ;bra Therefore,
the court must explain to the person committed for trial the significance
of the probationary period and warn him that if he commits another crime
'he will also be punished for the first crime. At the same time, in the
sentence or by means of a special order, the court must place upon
agencies of public education or guardianship, or upon the parents, reapo
sibility for con+i. nuous ly supervising the conduct and education of the
convicted person.
3. Judicial agencies are reminded that the conviction of minors for
individual acts of petty plundering that are in the nature of childish
mischief (for example, petty larceny of apples from an orchard or of
vegetables from a garden, etc.) cannot be tolerated.
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It is equally intolerable to convict any minor for theft,, from
his parents or from any other member of the family with whom he lives,
except when the injured party himself requests that the appropriate agency
initiate a criminal case against.the minor.
This decree shall not apply to cases of robbery or of plundering in
large amounts, nor shall it apply to persons previously convicted of
plundering or to organizers of or active participants in any organized
group (band).
On Res onsibility for the Disclosure of State Secrets and for the Loss
of Documents Containing State Secrets Excerpt from the ukase o the
Presidium, Supreme Soviet USSR of 9 June 1947)
In order to unify legislative provisions on, and to increase respon-
sibility under criminal law for, disclosure of information which consti-
tutes a state secret according to the list established by the Council
of Ministers USSR in its decree of 8 June 1947, the Presidium, Supreme
Soviet USSR decrees:
1. The disclosure of any information constituting a state secret,
if committed by any person to whom this information was entrusted or
who had access to it by virtue of his official position -- unless such an
act may be qualified as treason or espionage -- shall be punished by:
Confinement in a corrective labor camp for a period of
from 8 to 12 years,
2. The disclosure by any person in military service of any infor-
mation of a military nature that constitutes a state secret -- unless his
act may be qualified as treason. or espionage -- shall be punished by:
Confinement in a corrective labor camp for aperiod of
from 10 to 20 years,
3. The disclosure by any private person of any information con-
stituting a state secret -- unless his act may be qualified as treason
or espionage -- shall be punished by:
Confinement in a corrective labor camp for a,pet iod of.
from 5 to'10 years.
4. The loss by any official of any material, document, or publica-
tion containing information which constituted a state secret'-- unless
the nature of his act makes it subject to a more severe punishment --
shall be punished by:
Confinement in a corrective labor camp for a period of from
4 to 6 years.
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The same crime, if it caused especially serious consequences,
shall be punished by.
Confinement in a corrective labor camp for a period of from
6 to 10 years.
5. Tte lossby any person in military service of any document containing
information constituting a military secret -- unless the nature of his act
makes it subject to more severe, punishment -- shall be punished by:
Confinement in a corrective labor camp for a period of from
5 to 8 years.
The same act, if it caused e_-peciallyyserious consequences, shall
be punished by:
Confinement in a corrective labor camp for a period of'from
8 to 12 years.
6. Registration or transmittal abroad of any invention, discovery,
or technical improvement constituting a state secret, whether committed
within the confines of the USSR or by an official sent on a mission
abroad by the government -- unless these crimes may be qualified as
treason or espionage -- shall be punished by:
Confinement in a corrective labor camp for a period of
from 10 to 15 years.
17. Omitted from source document]
8. In connection with the issuance of this ukase, the following
shall be considered no longer in force.
ao The ukase of the Presidium, Supreme Soviet USSR of 15 Nov-
ember 1943, "On Responsibility for the Disclosure of a State Secret
and for the Loss of Documents Containing a State Secret";
b. Clause a, Section 25, of the "Statute on Military Crimes."
The supreme soviets of the union republics are requested to
amend union-republic legislation in conformity with this ukase, (Vedomosti
Verkhovnogo Soveta SSSR 1947, No 20)
.On Establishing a List of Information that Constitutes a State Secret,
the Disclosure of Which Shall be Punished by Law Decree o ? the Council
of Ministers USSR of June 19477
The Council, of Ministers has decreed.
The following list of information which constitutes a state secret
shall be established.
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Information of a Military Nature
1. Organization, strength, location, combat capacity,, armament,
equipment, combat training, supply of material or financial resources,
mobilization and operations plans relating to the armed forces of the
USSR as a whole or to individual branches of the service, large military
units, other military.units, ships, subunits, institutions, establish-
ments, and individual military objects.
2< Composition, size, condition, location, and assignment of national''
stocks of all kinds prepared for mobilization, of national reserves of
materiel and food, and of manpower reserves that are subject to mobiliza-
tion on a USSR-wide basis, in union and autonomous republics, krays,
oblasts, bases, industrial and transport enterprises, and by-large mili-
tary units, other military units,-and institutions of the armed forces
of the USSR.
3= Mobilization and operations plans and schedules, and proposed or
approved measures connected with mobilization plans ensuring the national
defense of the USSR in the fields of state administration, industry,
transport, communications, and all other branches of the national economy.
(as a whole and regarding individual governmental departments, enter-
prises, and territorial subdivisions:).
4. Location, equipment,-financial and industrial plans, condition,
production capacity, nomenclature, and size of production of war' indus-
tries and of all other industries engaged in the execution of war con-
tracts.
50. Discoveries, inventions, and improvements, research and experi-
mental work in the field of technical and any other means of defense
of the USSR.
6. Documents, material, and publications relating to the defense
of the USSR, as well as information based upon such documents, materials,
and publications.
Information of an Economic Nature
7. Information declared by the Council of Ministers USSR to be
kept secret and relating to industry as a whole, to separate branches
of industry, to agriculture, to trade, and, to means of conveyance,
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8. The state of foreign exchange reserves, data concerning the
.current exchange balance and plans of financial operations of the USSR,
information concerning the place and manner of safekeeping of precious
metals of the State Reserve Fund, of foreign exchange values, and of
moneys.
9. Approved or proposed plans for importing and exporting particular
kinds of goods, and the status of export reserves and of particular kinds
of goods.
10. Geological resources and the extraction of nonferrous and rare
metals and soils.
Information on Discoveries, Inventions, and
Improvements of a Nonmilitary Nature
11. Discoveries, inventions, and technical improvements, and re-
search and experimental work in all fields of science, technology, and
national economy, until they are finally completed and authorized to
be published.
Other Information
12. Information pertaining to negotiations and to relations and
agreements of the USSR with foreign states, and information relative to
any other. measures in the fields of foreign policy and foreign trade
that are not contained in officially published data.
13. State cyphers and the contents of encyphered messages.
14. Any other information that the Council of Ministers USSR may
declare not subject to disclosure.
In connection with the issuance of this decree, the decree of the
Sovnarkom USSR of 27 April 1926, "On Approving a List of Information
That by Virtue of Its Content Constitutes a Specially Protected State
Secret" (USSR Laws1926, Law No 213), shall be considered no longer in
force. (Izvestiya, 10 June 1947)
On Responsibility Under Criminal Law for Making and Selling Moonshine
Ukase of the Presidium, Supreme Soviet USSR of 7 April 19
In order to unify legislation on responsibility under criminal law
for making and selling moonshine, and in order more intensively to com-
bat these crimes, the Presidium, Supreme Soviet USSR decrees.-
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In Making or keeping moonshine for the purpose of sale, selling
moonshine, or making and selling as a trade equipment especially de-
signed for the making of moonshine, shall be punished by-.
Confinement in a corrective labor camp for a period of
from 6 to 7 years and confiscation of all or a part of
property.
2. The making of moonshine other than for the purpose of sale
shall be punished by:
Confinement for a period of from one to 2 years and con-
fiscation both of the moonshine and of the equipment for
making it. (Vedomosti Verkhovnogo Soveta SSSR.1948, No 14)
On Judicial Practice in Cases Involving Crimes Covered b the Ukase of
the Presidium, Supreme Soviet USSR of 7 April 19 "On Responsibil
Und Cr reriiminal Law for Making and Selling moonshine" Excerpt from the
decree of the Plenum, Supreme Court USSR of 5 January 1951, No l/l/V)
In order to eliminate judicial shortcomings in combating the making
of moonshine, the Plenum, Supreme Court USSR resolves to issue the fol-
lowing instructions to the courts:
1. There is pointed out to the courts the necessity of resolutely
combating the making of moonshine by means of exactly applying to guilty
persons the appropriate sections of the ukase of 7 April 1948 and of
consistently designating the measures of punishment prescribed by that
ukase o
Application in these cases of Sections 51 and 53 of the RSFSR
Criminal Code and of corresponding sections of the criminal codes of
other union republics shall take place only if there are especially
extenuating circumstances.
20 It is explained to the courts that, in accordance with the
requirements of Section 1 of the ukase of 7 April 1948, not only per-
sons guilty of making and selling moonshine, but also persons guilty
of making moonshine for the purpose of sale, or of keeping it for that
purpose, shall be subject to criminal prosecution.
3. The buying up and resale of moonshine for the purpose of making
a profit shall be qualified as speculation under Section 107 of the
RSFSR Criminal Code and under corresponding sections of the criminal
codes of other union republics,
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4. The making of intoxicating beverages for the purpose of sale
from the products of one's own husbandry, from purchased raw materials,
or from a customers raw materials, shall be qualified under Section 99
of the RSFSR Criminal Code and.. under corresponding sections of the criminal
codes of other union republics. (17 September 1954 version.)
5. It is pointed out to the courts that, to be effective, the
struggle against the making of moonshine requires prompt trial of these
cases within the period established by law in order that guilty persons
may be punished for their crimes without delay, in view of which the
red tape that is impermissible with regard to any case is particularly
intolerable in respect to this category of cases.
On Increasing the Criminal Penalty for Violation of Safety Regulations
in Coal and Slate Mines Ukase of the presidium, Supreme Soviet USSR.
of 1 February 1953
In order to ensure safe working conditions in coal and slate mines
and to intensify struggle against violations of technical safety regula-
tions that have resulted' in accidents, explosions, and other serious
consequences endangering the lives and health of workers and employees.,
the Presidium., Supreme Soviet USSR decrees,.
1. Be it enacted that any violation of technical exploitation or
safety regulations in a coal or slate mine that is either in operation
or being opened, if committed by any directing, engineering, or technical
personnel, or by any mine foreman, and if such a violation might have
resulted in serious consequences, shall be punished.by,.
Confinement in a corrective labor camp for a period not
exceeding 3 years, or corrective labor work for a period
of from 6 months to one year.
The same acts, if an accident, an explosion, a fire, serious
injury to any person, or loss of human life results, shall be punished
by.,
Confinement in a corrective labor camp for a period of
from 3 to 10 years,
2. Be it enacted that any violation by any worker or employee of
safety regulations in a coal or slate mine that is in operation or being
opened -- if such a violation might have resulted in serious consequences
-- shall be punished by,.
Confinement in a corrective labor camp for a period not
exceeding 2 years, or corrective labor work for a period
not exceeding one yearn
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The same acts, if an accident,, an explosion, a fire, serious
injury to any person, or loss of human life results, shall be punished
by:
Confinement in a corrective labor camp for a period of
from 2 to 5 years.
on Outlawry of Soviet Citizens Whol While Serving as officials in Foreign
Countries Defect to the Cam of the Enemies of the Worker Class and of
.the Peasantry and Refuse to Return to the USSR Decree of TsIK USSR of
November 1929)
1. Refusal on the part of any citizen of the USSR who is an official
of a USSR state institution or enterprise operating abroad to return to
the USSR when so requested by any state agency, shall be regarded as
defection to the camp of the enemies of the worker class and of the
peasantry and shall be qualified as treason.
.2. Any such person who refuses to return to the USSR shall be
declared an outlaw,
3o Outlawry shall involve:
a.a confiscation of all the convicted persons property,
be execution by shooting of the convicted person within
24 hours after his identity has been established
4a All such cases shall be tried by the Supreme Court USSR.
5. The names of all outlawed persons shall be communicated to all
executive committees of soviets and to agencies of the State Political
Administration.**
**Now the MVD o
6. This law shall have retroactive effect. (USSR Laws 1929, Law
No 732)
On Responsibility Under Criminal Law for Unauthorized Travel on Freight
page of a Train b
Sto
ar
U
p
y
nnecess
Trains** and for Unauthorized and
Means of the Emergency Stop Signal Ukase of the Presidium, Supreme
Soviet USSR of 9 April 1941)
*See the ukase of the Presidium, Supreme Soviet USSR of
11 March 1955 (p 1'15)-
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1. Rescinded (Ukase of the Presidium, Supreme Soviet USSR of 11 March
1955)
2. Be it enacted that any unauthorized and unnecessary stoppage of
a train by means of the emergency stop signal shall be punished, pur-
suant to a court sentence, by confinement in a prison for a period of
from one to 3 years, provided that the act is not of such a character
as to be subject to more severe punishment by law. (Vedomosti Verkhov_
nogoSoveta SSSR L941I No 16)
On Substituting Measures of Administrative Influence for Res
onsibility
Under Criminal Law for Unauthorized Travel on Freight Trains Ukase
the Presidium, Supreme Soviet USSR of 11 March 1955
The Presidium,, Supreme Soviet USSR decrees:
1. Responsibility under criminal law for unauthorized travel in
freight trains is hereby rescinded.
2. Be it enacted that unauthorized travel in frei ht train h
l
l
a
be punished by a fine in an amount not exceeding 100 rubles imposed by
administrative action.
3. Persons who have been convicted of unauthorized travel in freight
trains, but who have not yet served out their punishment, shall be re-
lieved from further service of such punishment,
The criminal records of persons convicted of such acts shall
be expunged.
4. Section 1 of the ukase of the Presidium, Supreme Soviet USSR
of 9 April 1941, "on Responsibility Under Criminal Law for Unauthorized
Travel on Freight Trains and for Unauthorized and- UnSnecessar?y
Stoppage of a Train by Means of the Emergency Stop Signal," shall be
considered no longer in force, (Vedomosti Verkhovvogo Soveta S$SR 1955,
Law No 114)
On Responsibility for Illegally Awarding Orders or Medals of the USSR or
e
r
.+.-t.b ..++av r.,r v v .a,c v W,., . n Ll G lYltty 104.5 A
The Presidium, Supreme Soviet USSR decrees:
1. Be it enacted that any person who is guilty of illegally award-
ing any order or medal of the USSR or badge to any person who has no
direct connection with the army or the fleet, shall be sul. ect toIxosecutioi
Badgesa_ acid fo mti
mj
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under criminal law as for a breach of official duty and shall be
punished by confinement in a'prison for a period of from 6 months to 2
years.
20 Any person who is guilty of misappropriating any order, medal,
or badge shall be punished by confinement in a prison for a period of
from 2 to 3 years.
3. Any person who is guilty of selling or giving away any order,
medal, or badge to any other person shall be subject to deprivation of
the award and shall be punished by confinement in a prison for a period
of from one to 3 years.
4. Any person who wears any order, medal, or badge when he does
not have the right to do so, shall be punished by confinement in a
prison for a period of from 6 months to one year.
5. Any official who is responsible for the safekeeping of any
order, medal, or badge (in any hospital, military office, judicial.
organ, etc.) and whose carelessness results in the theft of any such
order, medal, or badge, shall be punished by confinement in a prison
for a period of from one to 2 years, (Vedomosti Verkhovnogo Soveta
SSSSSS?, No 18)
On Increasing the Criminal Penalty for Rape (Ukase of the .presidium,
Supreme Soviet USSR of January 19+)
in order to increase the criminal pen -lt7 for rape, the Presidium,
Supreme Soviet USSR decrees.
Be it enacted that rape shall be punished by confineent in a
corrective labor camp for a period of from 10 to 15 years
The rape of any minor, as well. as any other rape that is committed
by a group of persons or that causes especially serious consequences,
shall be punished by confinement in a corrective labor camp for a
period of from 15 to 20 years. (Moskovskiy Bolshevik, 6 Jan 1949)
On Rescinding the Holding of Pregnant Women Criminally Responsible for
Aborticide Ukase of the Presidium, Supreme Soviet USSR of 5 August 1954)
to The responsibility of preguant women under criminal law for
self-induced abortions, as provided for by Section 4 of the TsIK and
Sovnarkom USSR decree of 27 June 1936, is hereby rescinded, provided
that the stipulations of that decree making subject to responsibility
under criminal law any person who illegally induces an abortion or who
forces a woman to induce an abortion shall remain in force,
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2. The presidiums of supreme soviets of union republics are re-
quested to pass criminal legislation in accordance with the provisions
of this ukase, (Vedomosti Verkhovnogo Soveta SSSR 1954, Law No 331+)
On Rescinding the Prohibition of Abortions (Ukase of the Presidium,
Supreme Soviet USSR of 23 November 1955
The measures taken by the Soviet state to encourage motherhood and
to protect children, and the constant growth of the understanding' and
cultural level of women, who actively participate in all areas of the
national economic life of the country, now permit retraction of the
legislative prohibition of abortions.
Reduction of the number of abortions may, henceforth, be ensured
by means of. further developing state encouragement of motherhood and
through educational and explanatory measures.
Recision of the prohibition of abortions also makes it possible
to obviate the great amount of harm done healthy women by abortions
induced outside curative establishments, often by ignorant persons.
In order to make it possible for women to make their own decisions
as to whether or not to become mothers, and in order to prevent the
harm done healthy women by abortions not effected in hospitals, the
Presidium, Supreme Soviet USSR decrees-
1 o Section 1 of the TsIK and Sovnarkom USSR decree of 27 June .1936,
which prohibited abortions, is hereby rescinded,
2e Operations to interrupt pregnancy artificially shall take place
only in hospitals or in other curative establishments in accordance with
the instructions of the Ministry of Health USSR.
3. The heretofore established responsibility under criminal law of
any doctor, or of any person lacking a special medical education, for
inducing any abortion outside a hospital or other curative establishment,
shall remain in force. (Vedomosti Verkhovnogo Soveta SSSR 1955, Law No
425)
On Releasing on Parole Persons Convicted of Crimes Committed Before the
Age of Ukase of the presidium, Supreme Soviet USSR of 2 April 195 )
Considering it unnecessary that prisoners convicted of crimes com-
mitted before reaching the age of 18 years and who are steadily reforming
should serve out their entire period of punishment, the Presidium, Supreme
Soviet USSR decrees:
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Be it enacted that any person condemned to confinement for a crime
committed before he reached 18 years of age and who is proving by e.rem-
plary behaviour and by conscientious work and study in places of confine-
ment that he has reformed, may be paroled when he has served out. not less
than one third of the term of confinement set by a court, or his term
of punishment may be reduced.
Acting on recommendations of administrations of the places of con-
finement in which such prisoners are being held, courts located at these
places of confinement shall consider the question of paroling them or
reducing their sentences.
The question of reducing his term of punishment may be considered
by a court when a convicted person has served not less than 6 months
of a sentence to confinement.
On Introducing Release on Parole from Places of Confinement (Ukase of the
Presidium, Supreme Soviet USSR of 1 July 19547
The Presidium, Supreme Soviet USSR decrees:
to The practice of releasing sentenced persons on parole from
places of confinement shall be introduced.
2. Persons sentenced to serve terms of punishment in places of
confinement who prove that they have reformed by honest work and exem-
plary behaviour may be paroled when they have served not less than
two thirds of the term of punishment.
3. Release on parole shall take the form either of release from
further service of a measure of punishment or of substituting for it a
less severe measure of punishment, which question shall be decided-by
a court at the place where the sentenced person is confined on the basis
of the recommendation of the administration of that place of confinement.
4. If, during the unnerved part of his term of punishment, any
parolee commits a fresh crime that is subject to punishment by confine-
ment, a court shall have the right to add the unserved part of his
sentence to the measure of punishment imposed for the fresh crime.
In such cases, the,total term of confinement shall be established
in accordance with legislation in force.
On Amnesty (Ukase of the Presidium, Supreme Soviet USSR Of 27 March 1953)
As a result of the consolidation of Soviet society and the Soviet
state system, the increased level of prosperity and culture of the popula-
tion, the growth of understanding of Soviet citizens, and the (conscientious
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attitude of Soviet citizens toward fulfillment of their public duty,
legality and the socialist legal system have been strengthened and crime
has been substantially reduced in the country,
The Presidium, Supreme Soviet USSR considers that under these con-
ditions it is no longer necessary to hold in places of confinement per-
sons who have committed crimes which do not constitute an important
danger to the state and who, by their conscientious attitude toward work,
have shown that they are capable of returning to an honest working life
and of. becoming useful members of society.
The Presidium, Supreme Soviet USSR decrees.
1. Persons sentenced to terms of up to 5 years, inclusive, shall
be released from places of confinement and relieved of other measures
of punishment that do not involve confinement.
2. There shall be released from places of confinement, irrespective
of the length of the term of punishment imposed, persons convicted of
any breach of official duty or economic crime or for any of the military
crimes covered by Sections 193-49 Clause a; 193-7; 193-8; 193-10; 193-10a;
193-14; 193-15; 193-16; and 193-17, Clause a of the RSFSR Criminal Code
and by corresponding sections of the criminal codes of other union re-
publics.
3. There shall be released from places of confinement, irrespective
of the term of punishment imposed, pregnant women and women with children
under 10 years of age, minors under 18, men over 55, women over 50, and
persons.suffering from serious incurable ailments.
4. The terms of punishment of persons sentenced to confinement for
periods exceeding 5 years shall be reduced by half.
5. All cases shall be dismissed which are currently under investi-
gation or which have not yet been tried and which involve any of the
crimes-hereafter specified, provided that such crimes were committed prior
to the issuance of this ukase,
as Crimes for which the law provides punishment in the form of
confinement for a period not exceeding 5 years, or other measures of
punishment not involving confinement;
b. Breach of office, economic crimes, and military crimes
enumerated in Section 2 of this ukase;
co Crimes committed by persons specified in Section 3 of this
ukase
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Regarding other cases involving crimes committed prior to the
issuance of this ukase for which a period of confinement exceeding 5
years is provided by law, if a court considers it necessary to elect as
a measure of punishment confinement for a period not exceeding 5 years,
the person committed for trial shall be relieved of punishment; but if
a court considers it necessary to elect as a measure of punishment con-
finement for a period exceeding 5 years, this period of punishment shall
be reduced by half.
6. The criminal records of citizens previously convicted who have
served out their punishment or who have been released from serving their
full term of punishment on the basis of this ukase shall be expunged,
and the electoral rights of which they were deprived shall be restored.
7. The amnesty shall not apply to persons sentenced to terms of
more than 5 years for counterrevolutionary crimes, large-scale plunder-
ing of socialist property, banditry, or murder.
8. It is considered necessary to review USSR and union-republic
criminal legislation with the object of replacing responsibility under
criminal law for certain breaches of office, economic crimes, common
(minor) crimes, and other less dangerous crimes by measures imposed by
administrative or disciplinary action, and it is furthermore considered
necessary to ameliorate criminal punishments for certain crimes.
Within the period of one month, the Ministry of Justice shall
prepare and present for consideration to the Council of Ministers USSR
appropriate proposals for submission to the Presidium, Supreme Soviet
USSR. (Vedomosti Verkhovnogo Soveta SSSR 1953, No 4)
On Amnestying Soviet Citizens Who Collaborated With the Occupying Powers
During the Great Patriotic War of 1941-1945 (Ukase of the Presidium,
Supreme Soviet USSR of 17 September 1955)
After the victorious conclusion of the Great Patriotic War, the
Soviet people achieved great new successes in all areas of economic and
cultural construction and further strengthened their socialist state.
Taking into account the foregoing and the cessation of a state of
war between the Soviet Union and Germany, and being guided by humanitariap
principles, the Presidium, Supreme Soviet USSR considers it possible to
amnesty those Soviet citizens who, during the Great Patriotic War of
1941-1945, by reason of faintheartedness or lack of understanding, col-
laborated with the occupying powers.
In order to make it possible for these citizens to return to an
honest working life and become useful members of socialist society, the.
Presidium, Supreme Soviet USSR decrees:
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1a There shall be released from places of confinement and relieved
of all other measures of punishment any person sentenced to confinement
for a period of up to 10 years, inclusive, for collaborating with the
enemy during the Great Patriotic War of 1941-1945 or for committing
during the same period any other crime specified in Sections 58-1, 58-3,
58-4, 58-6, 58-10, or 58-12 of the RSFSR Criminal Code and in correspond-
ing sections of union-republic criminal codes.
2. Punishment for periods exceeding 10 years Judicially imposed
upon convicted persons for any crime enumerated in Section 1 of this
ukase shall be reduced by half.
3. There shall be released from places of confinement, irrespective
of the term of punishment, persons sentenced for serving in the Germa
army, police, or special formations.
`Persons banished or exiled for such crimes shall be released
from further service of punishment,
4. The amnesty shall not apply to members of punitive expeditions
convicted of killing or tormenting Soviet citizens.
5. There shall be dismissed all cases either currently under inves-
tigation or that have not yet been tried by the courts involving crimes
committed during the Great Patriotic War of 1941-1945 which are covered
by Sections. 58-1, 58-3, 58-4, 58-6, 58-10, and 58-12 of the RSFSR Crimi-
nal Code and by co rrecpo,n?.dirg sections of lne criminal cedes of other
union republics., with exception of caser~ 'Dav-lving the persons speci-
fied in Section 4 of this ukase o
6. The criminal records of citizens released from punishment on
the basis of this ukase shall be expunged and the rights of which they
were deprived shall.be restored.
The criminal records of persons previously sentenced for any
of the crimes specified in Section 1 of this ukase, and who have served
out their sentences, shall be expunged, and the rights of which they
were'.deprived shall be restored.
7. Any Soviet citizen who, then being on foreign territory, sur-
rendered to the enemy or served in the German army, police, or special
formations during the Great Patriotic War of 1941-.1945, shall be relieved
of liability to punishment.
There shall also be relieved of liability to punishment any
Soviet citizen now on foreign territory who, during the war, held a
leading position in police, gendarme, or propaganda agencies organized
by the occupying forces, including any person who was involved in any
anti-Soviet organization during the postwar period, provided that he
subsequently either rc(I-zed his offense by patriotic activities or admitted
his guilt.
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In accordance with legislation in force, it shall be regarded
as a circumstance extenuating guilt if any Soviet citizen who committed
any serious crime against the Soviet state while abroad during the Great
Patriotic War admits his guilt. Be it enacted that, in any such case,
the punishment imposed by a court shall not exceed exile for a period
of 5 years.
8. The Council of Ministers shall take measures to facilitate the
entry into the USSR of Soviet citizens who are now abroad, and of their
families, irrespective of citizenship, and to find employment for them.
(Vedomosti Verkhovnogo Soveta SSSR 1955, Law No 345)
On Pre Term Release of German Citizens Sentenced by USSR Judicial Agencies
f t Sovie TTninn During the
War Ukase of the Presidium, Supreme Soviet USSR or 2 September. 1955
Taking into account the request of the President and the Government
of the German Democratic Republic of 27 July 1955, and the request of
the Government of the German Federal Republic, concerning pre-term
release and repatriation of German citizens who are serving punishment
for the crimes they committed against the peoples of the Soviet Union
during the war, and considering both that more than 10 years have passed
since the end of the war and that convicted war.criminals have already
served a substantial part of their sentences, the Presidium, Supreme
Soviet USSR decrees-
1. There shall be freed from further service of punishment and
repatriated to the German Democratic Republic or to the German Federal
Republic, depending on their place of residence, 8,877 German citizens.
2. There shall be turned over as war criminals to the Government
of the German Democratic Republic or to the Government of the German
Federal Republic, depending on their place of residence, 74+9 German
citizens whom the Presidium, Supreme Soviet USSR die not consider it
possible to free from further service of punishment in view of the
especial seriousness of the crimes they committed against the Soviet
people. (Vedomosti Verkhovnogo Soveta SSSR 1955, Law No 351)
On Rescinding the Prohibition Against Amnestying- Persons Sentenced for
he eIK
d
.?~ - -_- - - -
ee
Crimes Covere
1932 Ukase of the Presidium, Supreme Soviet SR of September 1953)
There is hereby rescinded the prohibition against amnestying persons
convicted of crimes covered by the TsIK and Sovnarkom decree of 7 August
1932, "On Safeguarding the Property of State Enterprises, KolkhozeB,
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and Cooperatives and Strengthening Public (Socialist) Property," and
the TsIK and Sovnarkom USSR decree of 22 August 1932, "On Combating
Speculation."
[Note Translations of legislation pertinent to the RSFSR Criminal
Code, 1953 edition, that was issued after its publication, including
other amnesty laws, may be found in item II of appended "Sup-
plementary Material."]
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B. ANNOTATIONS ON SECTIONS OF THE CODE
Annotation on Section 7
On the Possibility of Judicial Application of Punishment Only
to Persons Who Have Committed A Specific Crime
1. In the general sense of Soviet criminal law, punishment may be
imposed by a court solely in cases where the person committed for trial
is found guilty of committing a specific crime. Thus, in accordance
with Section 6 of the "Basic Principles of Criminal Legislation of the
USSR and of the Union Republics," measures of punishment may be applied
by judicial action only to persons who foresaw, or should have foreseen,
the socially dangerous nature of the consequences of their acts. There-
fore, in terms of the literal meaning of this section,, a court may apply
a punishment in the presence of guilt by virtue of intent or carelessness
only to a person who has committed a specific act constituting a social
danger or who has culpably failed to act. Accordingly, the provisions
of the indicated section exclude the possibility of applying punishment
by judicial action to persons not found guilty of committing some spe-
cific crime.
Furthermore,, Section 6, Clause . of the "Fundamentals of Criminal
Jurisprudence of the USSR and of the Union Republics" establishes the
rule that criminal prosecution shall not be initiated, and if initiated
shall not be continued, but shall be dismissed irrespective of the stage
of proceedings reached if the acts of the accused do not constitute a
crime. Thus, in terms of the weaning of this law also, if a punishment
is to be imposed by judicial action, the accused must have committed
some specific crime.
The Basic Principles provides for exceptions to the indicated
general rule only in respect of exile (ssylka) and banishment (vysylka).
According to Section 22 of the Basic Principles, punishment in the form
of exile or banishment may be applied by rn of a court sentence,
pursuant to the proposal of a prosecutor's WT',_-:', to any person deemed
to constitute a social danger, irrespective of whether or not he is
prosecuted in court for committing a specific crime, including any per-
son who has been accused of coar ,fitting a, specific crime and acquitted. "bY
a court. The indicated rule appears in the criminal codes of a number
of union republics (Section 34 of the Criminal Cole of the Ukrainian
SSR, Section 29 of that of the Belorussian SSR, Section 32 of that of
the Turkmen SSR, Section 38 of that of the Uzbek SSR, and Section 35
of those of the Georgian and Armenian SSRs) o
However, this exception to the general rules of Soviet criminal
law must be considered no longer in force by virtue of the subsequent is-
suance of the "Law on the Judicial. System of the USSR and of the Union
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and. Autonomous Republics," which, in establishing conditions for appli-
cation of judicial punishment, does not provide for the indicated excep-
tion. In accordance with Section 4, Clause a, of this law, courts in
the USSR shall effect the objectives of jurisprudence by trying criminal
cases in judicial session and applying the measures prescribed by law
to traitors, wreckers, plunderers of socialist property, and other ene-
mies of the people, as well as to looter, thieves, hooligans, and other
criminals. Thus, in terms of the meaning of this law, punishment may be
applied only to persons who have committed the specific crimes of which
examples, though not an exhaustive list, appear in the law itself.
In view of what has been stated., taking into account the fact
that, upon the issuance of the law on the Judicial System, as a law of
later date, all previously issued norms theta conflicted with it must be
considered to have become null and void, the Plenum of the Supreme Court
USSR resolves to instruct the courts as follows:
The measures of criminal punishment established by law, includ-
ing exile and banishment, may be Judicially applied by means of a court
sentence . only if the person committed for trial is found in the sentence
itself to be guilty of committing a specific crime. (Decree of the Plenum
of the Supreme Court USSR of 12 July 1946, No 8/5/v)
Annotation on Section 12
1. In order rapidly to liquidate criminality among minors, TsIK and
Sovnarkom USSR. decree:
(1) Minors who have reached the age of 12 years and who prove
to have committed larceny, violence, bodily injury, mayhem, murder, or
attempted murder, shall be subject to prosecution in a, criminal court
and to the application of all kinds of criminal punishments.
(2) Any person proven to have incited a minor to commit any
crime, or to have secured the participation of a minor in the commission
of any crime, or to have forced a minor to engage in speculation, prosti-
tution, beggary, and the like, shall be punished by confinement in a prison
for a period of not less than 5 years. (Decree of TGIF and Sovnarkom
USSR of 7 April 1935, USSR Laws 1935, Law No 155)
2, Minors who have reached the age of 12 years and who prove to have
committed acts (disconnecting rails, placing various objects on rails,
and the like) that might have caused a train wreck, shall be subject to
prosecution in court and to the application of all kinds of criminal pun-
ishments. (Ukase of the Presidium, Supreme Soviet USSR of 10 December
1940, Vedomosti Verkhovnogo Soveea S:,SR 140, No 52)
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3. Be it enacted that, except for crimes specified in the TsIK and
Sovnarkom USSR decree of 7 April 1935, "On Measures for Combating Crim-
inality Among Minors," and in the ukase of the Presidium, Supreme Soviet
USSR of 1Q December 1940, "On the Liability of Minors to Criminal Pros
ecution forActs that Might Cause Train Wrecks," minors shall be subject
to criminal prosecution only after reaching 14 years of age. (Ukase of
the.Presid.ium,Supreme Soviet USSR of 31 May 1941, Vedomosti Verkhovnogo
Soveta SSSR 19 1, No 25)
4. From the representation of the USSR Prosecutor and the decree
of the Plenum, Supreme Court USSR dated 20 March 1941, the Presidium?
Supreme Court USSR has-determined that, in reviewing cases involving
crimes committed by minors that are covered by the TsIK and Sovnarkom
USSR decree of 7 April 1935 ("On Measures for Combating Criminality Among
Minors"), the Supreme Court USSR proceeds on the basis.that minors shall
be subject to judicial action only when they have intentionally committed
crimes.
The Presidium, Supreme Soviet USSR explains that such an interpre-
tation by the Supreme Court USSR of the decree of TsLK and Sovnarkom USSR.-
of 7 April 1935, "On Measures for Combating Criminality. Among Minors,"
does not correspond with the stipulations of the law, in that limitations
not prescribed by the law are introduced, and conflicts with Section 6 of
the "Basic Principles of.Criminal Legislation of the USSR and of the Union
Republics," which provides that responsibility under criminal law shall
ensue irrespective of whether a crime is committed intentionally or through
negligence.
e Court
The Presidium., Supreme Soviet USSR proposes. that the Supre Measures
USSR apply the TeIK and Sovnarkom USSR decree of 7 April 1935,
for Combating Criminality Minors," precisely in
criminal accornce with the
the USSR
stipulations of the indicated in force.
The system of serving punishment in children's labor colonies
established for minors is not rescinded by this ukase. (Ukase of the Pres-
idium, Supreme Soviet USSR of 7 July 1941; Vedomosti Verkovnogo Soveta,?
SSSR 1 41, No 32)
5. See the decree of the Plenum, Supreme Court USSR of 17 February
1948, No 4/2/y, "On Applying the Ukases of the Presidium,' Supreme Soviet
USSR of 4 June 1947 With Regard to Minors" (p 107).
6. See the ukase of the Presidium, Supreme Soviet USSR of 24 April
1954, "On Releasing on Parole Persons Convicted of Crimes Committed Be-
fore the Age of 18" (p 117 ).
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Annotation on Section 14+
1. See Section 11 of the decree of the Plenum,, supreme court USSR
No 5, dated 28 May 1954 (p 104),
2. (4) A durational crime (dlyashcheyesya prestupleniye) begins
at the moment when a criminal condition comes into being and ends at the
moment when such criminal condition ceases due to action taken by the
guilty person himself to put an. end to the crime or due to the occurrence
of events preventing commission of the crime (intervention by state agen-
cies).
Therefore, an amnesty applies to those durational crimes which'
ended prior to its promulgation. An amnesty does not apply to durational
crimes that are continued after it is promulgated.
The period of. limitation is calculated in respect of durational
crimes from the time at which the criminal condition ends.
(5) A continuing crime (prodolzhayemoye prestupleniye) shall
be considered to have commence, with the commission of the first of a
number of identical acts comprising the continuing crime. A continuing
crime shall be considered to have ended at the moment when the last such
criminal act has been committed..
Accordingly, an amnesty shall apply to continuing offenses that
have completely ceased. prior to its promulgation, but it shall not apply
if even one of the criminal acts comprising a continuing offense is com-
mitted after the amnesty is promulgated.
Equally, periods of limitation with regard to continuing crimes
shall be calculated from the moment when the last of the criminal acts
comprising a continuing crime has been committed. (From the decree of
the 23d Plenum, Supreme Court USSR of 4 March 1929, as subsequently amended.)
3. Regarding cases on which a police investigation or pre-trial
investigation has been conducted the periods. of limitation specified
in Section 14 of the Criminal Code shall be calculated from the moment
at which action on these cases was suspended. (Decree of the Plenum,,
Supreme Court RSFSR of 16 May 1927, Appendix No 9)
Annotation on Section 18
1. See the ukase of the Presidium, Supreme Soviet USSR of 4 June
1947 (p 101).
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Annotation on Section 19
1. See Section 10 of the decree of the Plenum, Supreme Court USSR
No 5 of 28 May 1954 (p 105)-
2. Both preparation and attempt entail application of measures of
social defense insofar as they demonstrate that a person constitutes a
social danger, but it must be emphasized that measures of social defense
may be applied for preparation of a crime only in cases where the pre;-
paratory as specifically and concretely take the form.of commencement to
implement criminal intent and are therefore in themselves socially dan-
gerous. (From a directive letter of the People?s Commissariat of Justice
and Supreme Court RSFSR on applying the Criminal Code, 1926 edition.).
Annotation on Section 20
1. See Section 2 of commentary on Section 28.
2. (3) If meterialc'iamage is caused by the criminal act of a worker
or employee who works for the injured state or public institution, enter,
prise, or organization, the financial (property) liability of the guilty
person shall be established on the basis of the TsIK and Sovnarkom USSR
decree of 12 June 1929, "On the Financial Liability of Workersa,ad Employees
vis-a,vis'Ear lovers (Sections 83-l, 83-6 of the RSFSR Code of Labor:Law apd
corresponding, sec i.ions of the co des of labor law of other union republics )1.
The amount of compensation for damage subject to payment in these
cases must be established by a court, which shall take into account the
concrete circumstances of the given case,, the degree of guilt of the worker,
and his financial situation.
The question of the financial liability of officials, other than
those of the financially responsible category, who are guilty of crimes
committed from other tham mercenary motives, shall,, as a.rule, be resolved
as provided for by. Clause mm,.Section.20, of the RSFSR Criminal Code and
by corresponding sections of the criminal codes of other union republics,
provided that, on the whole, in terms of the circumstances of the case,
the court considers it expedient to impose on the convicted person the
obligation to repair damage in addition to the basic punishment. In this
connection, the court must keep in mind the fact that the additional pun-
ishment must not be more severe than the basic punishment specified in
the sentence (Section-44 of the RSFSR. Criminal Code and :corresponding: sec,
tions. of .,tae criminal codes. of other union republics).. If such-- action -is
taken,. a civil suit may not be entered against the convicted person.
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If material damage is caused by the criminal act of a person who
does not work for the injured party. in establishing the amount of coma
pensattion the court shall consider the question of applying Section 411
of the RSFSR Civil. Code and corresponding sections of the civil codes of
other union republics.
(4) Persons who cause damage by virtue of joint acts shall be
held jointly liable. Persons may not be held jointly liable who are
convicted in connection with the same case, but for separate crimes not
linked by common intent, or of whom one mm for example -- is sentenced
for misappropriation and the rest for neglect of duty or nonmercenary
crimes, even though the acts of the latter in some measure objectively
facilitated commission of misappropriation by the former.
In group crimes, each convicted person shall be held jointly
liable only with respect to those episodes of the crime in which his
participation is established.
In cases where the person committed for trial caused damage by
criminal acts committed with the intentional assistance of other persons
also committed for trial, the latter shall be held jointly liable with
the person who caused the damage-in the degree to which they assisted ih
causing the damage.
In entering judgement in a civil suit involving several convicted
persons, a. court shall precisely indicate in the sentence whether or not
it holds them, and if so which of them, jointly and severally liable. In
the latter case, the court must indicate the precise sum that each of the
defendants is obligated to pay to the injured party. (From the decree
of the Plenum, Supreme Court USSR dated 28 May 195, No 6)
Annotation on Section 27
I., Persons may be deprived of USSR citizenship..
By a court sentence,
in cases provided for by law;
b. By virtue of a special, individually applicable ukase of
the Presidium, Supreme Soviet USSR. (Section 7, "Law on USSR Citizenship,"
passed by the Supreme Soviet USSR on 19 August 1938, Vedomosti Verkh~go
Soy eta SSSR 19389 No 11)
Annotation on Section 28
l,, Currently effective USSR and union-republic legislation for
combating espionage and wrecking, attempted organization of d ofi
wrecks, and fires involving loss of human life, and other acts of sabotage,,
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specifies as a measure of.criminal punishment confinement for a period not
exceeding 10 years, and., for the more serious types of state crimes, the
supreme measure of punishment (death by shooting).
For the purpose of further combating these kinds of crimes and
of enabling the courts to elect with regard to them not only the supreme
measure of punishment (death by shooting), but also confinement for a
more extensive period, TsIK USSR decrees-
(1) Section 18 of the "Basic Principles.of Criminal Legislation
of the USSR and of the Union Republics" shall be amended to establish as
a measure of criminal punishment confinement for a period not exceeding
25 years-
(2) It is proposed that the central executive committees'.of union
republics bring their legislation into conformity with this decree. (Decree
of TsDC USSR of 2 October 1937, USSR Laws 1937, Law No 297)
2. The Supreme Court USSR, union-republic supreme courts, kray and
oblast courts, railway and water transport** courts,_and military tribunals,,
shall have the right, with regard to persons convicted of the more dangerous'
crimes, to specify confinement in the form of confinement in a. prison.
(Section 1, TsIK and Sovnarkom decree of 8 August 1936, USSR, Laws 1936,
Law No 370; note to Section 20 of the Criminal.Code)
**Now line transport courts. [Comment- Abolished pprsuant to
"Law on Abolishing Transport Courts" of 12 Februarpy 1957. See
text in the "Part 2. Supplementary Material, II. Legislations.
Annotation on Section 29
1. The time spent by a serviceman under disciplinary. arrest in a
.guardhouse for acts for which he is subsequently committed for trial shall
count as pretrial confinement and shall be deducted by the court from.his
sentence. (From the decree of the 20th Plenum, Supreme Court USSR of 7 May
1928, "On Counting as a Period of Pretrial Confinement Time Spent Under
Disciplinary Arrest")
2. Time spent by an accused person prior to passage of sentence in
undergoing, by direction of a court,, psychiatric examination in a psy-
chiatric hos ital, in accordance with Section 29 of the Criminal Code, shall.
be counted gs pre-trial confinement:) in establishing a measure of social
defense. (Decree of the Plenum, Supreme Court RSFSR of 18 January 1926,
Appendix No 1)
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3. In case there is set aside, as being insufficiently severe, AT
sentence which a. person committed for trial has already serve: at correc-
tive labor work, in retrying the case and, fixing a measure of social de-
fense the court shall take into account the period of corrective labor
work already served under the.overruled sentence and shall fix the final
measure of social defense accordingly. (Decree of the Presidium, Supreme
Court RSFSR dated 3 February 1932, Appendix 1)
Annotation on Section 30
1. In sentencing persons to corrective labor work "on a general basis"
in accordance with WD instructions, in a number of cases courts have not
indicated in their sentences the amounts to be deducted from the pay of
sentenced-persons, with the result that the amounts to be deducted have
been fixed by WD corrective labor work inspectorates in the course of
executing sentences.
The Plenum of the :supreme Court USSR resolves to issue the fol-
lowing'instructions to the courts;
In view of the fact that deductions from pay are an integral part
of the punishment of persons sentenced to corrective labor work, the amount
of these deductions within limits,established by law (i.e.,, up to 25 per-
cent),'a,nd the term of punishment, must.be specified in a court's sentence
regarding both corrective labor work at the place of employment and correc-
tive labor work on a general basis. (From the decree of the Plenum, Supreme
Court USSR of 3 June 191+2, No ll/M/3/V)
2. If any person who is the only parent of a child is.sentenced to
corrective labor work that is subject to performance at other than the
regular place of residence for a period exceeding one month, the court
shall specify in the sentence -that the corrective labor work must be per-
formed at the place in which the child resides. (Section 1+ of the VTsIK
and Sovnarkom RSFSR decree of 10 November 1934, RSFSR laws 1931+, Law No 252)
. 3. In case a person sentenced to corrective labor work on a general
basis wilfully evades performing its a court, acting by analogy with Sec-
tion 26 of the RSFSR Corrective. ILabor Code and. with corresponding sections
of the corrective labor codes of other union republics, srsy substitute
confinement for corrective labor work for a period not exceeding the tee
of corrective labor'work.
Such a substitution shall be effected either by the court that
passed the original sentence or by a court at a place where sentence is
to be executed,. as provided for by Sections 461 and 462 of the RSFSR Crim-
inal Procedural Code and by corresponding sections of the criminal procedural
codes of other union republics.
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The same procedure shall be followed in substituting corrective
labor work on a general basis for corrective labor work at the place of
employment in case a person sentenced to corrective labor work at the
place of employment is dismissed either as a result of a violation of
labor discipline or by his own request, (Fr subsequently hedere of the Plenum,
Supreme Court USSR of 23 September 1939, a
Annotation on Section 33
1. (1) When any person who has been decorated with any order or
medal is arrested, the order or medal and the documents relative thereto
that are taken from him by an investigative agency shall be handed over
for safekeeping, together with his other valuablesl, to the financial sec-
tion of the place of confinement in which the arrested person is detained,
pending final decision of his case.
when a
(2) When a case is dismissed
person, any order or medal and the documents returned to the owner by the administration of the place of confinement.
(3) When an accused person is convicted, in cases when he is not
deprived of an award by the court's sentence or when the court does not
consider it expedient to propose to the Presidium, Supreme Soviet USSR
that he be deprived thereof, any order or medal and the documents relative
thereto shall be sent, together with other valuables taken from the con-
victed person, to the place where he will serve his punishment and shall
bb returned to the owner by the administration of the place of confinement
when he is set free.
(4) When any person convicted of a serious crime is deprived of
any medal by a court sentence, or when a court proposes to the Presidium,
Supreme Soviet USSR that a convicted person be deprived of any order or
medal, the order or medal and the documents relative thereto shall be sent,
together with a copy of the sentence, to the Office of the Presidium,
Supreme Soviet USSR.
(5) In accordance with the decrees of the Preoi.dtum, Supreme
Soviet USSR of 19 October 19+6 and 16 March 1950, when a decorated per-
son is sentenced to confinement and deprivation of rights, as provided
for by Clauses a b, and c, Section 31, of the RSFSR Criminal Code and
by corresponding sections of the criminal codes of other union republics,
on the basis of Paragraph 2, Section 33, of the RSFSR Criminal Code and
of corresponding sections of the criminal codes of other union republics,
a court may sentence a convictedper?son to deprivation of the following
medals-. For the Defense of Leningrad, For the Defense of Odessa, For the
Defense of Sevastopol, For the De De Caucasus. of For Defensetof
Moscow, For the Defense of
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Polar Region, For Victory Over Germany in the Great Patriotic War of 1941-
1945, For Labor Valor in the Great Patriotic War of 19.1-1945, For Victory
Over Japan, For the Capture of Budapest, For the Capture of Koeuigsbu~,rg,
For the Capture of Vieni For the Capture of Berlin, For the Liberation
of Belgrade, For the Liberation of Warsaw, For the Liberation of Prague.,
For Restoring the Donbass Coal Mines, In Commemoration of the 800th Anni-
versary of Moscow, 30th Arniiversa .y of the Soviet & my and Fleet; and For
Restoring Southern Ferrous Metallurgical Enterprises.
Convicted persons may be deprived of orders, and of all medals
except the aforementioned, only by the Presidium., Supreme Soviet USSR.
(From Ministry of Justice USSR Letter No P-111 of 7 May 1955)
Annotation on Section-40
1. (25-1.) The following shall not be subject to confiscation..
a. Clothing, linens, footwear., furniture, and other objects of
domestic use that are indispensable to a convicted person and, his dependents;
b. Equipment necessary for a convicted individual's personal handi-
craft or artisan work., or instruments, appliances of any kind, and books
necessary for engaging in a convicted individual?s personal professional
work, provided,, however, that the convicted person has not been deprived
by a court of the right to engage in the given profession;
c. Agricultural animate and, inanimate inventory and reserve feed
for livestock., both in such quantity as is necessary to carry on individual
(toil) farming (trudovyye zemledel l cheskiye khoz ,ystva )p ,.arid of the property
of a peasant household that exceeds this amount there may be confiscated only
the share of such property which in accordance with legislation in force
-- is. subject to apportionment and belongs to a convicted member of-the
household;.
d. Seed required for regular sowing (spring and autumn) on in-
dividual (toil) fakers and unharvested cops, except crops from commercial
orchards and gardens when the exploitation thereof is not of an individual
(toil) nature;
e. Living quarters and outbuildings in rural localities that are
.necessary for the dwelling, of the, fatly of a convicted. person and that
constitute integral, agricultural appurtenances;
r f. A 6-months supply of 'they food an ;.?fuel required to meet the
personal needs of a convicted. person, of his family, and of other persons
dependent upon him;
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g. Funds in the amount specified in a note to this section;
h. Shares in cooperative organizations. (USSR Laws 1927, Law
No 365, of 15 June 1927; 1933, law No 250, of 4 July 1933)
Note 1. The amount and kind of items that are not subject to
confiscation in accordance with Clauses a, b, e, d, f, and g of this
section shall be specified in union-republic legislation. (USSR Laws
1927, Law No 365, of 15 June 1927)
Note 2. With regard to kulak farms) only such property as may
not be exacted for taxes shall not be subject to confiscation (Note to
Section 17 of the "Statute on Tax Collection," USSR Laws 1929, Law No
672).**
The "Statute on Tax Collection" of 2 October 1925, as sub-
sequently aarended, has been rescinded (USSR Laws 1932, Law No
410-b; 1933, Law No 408; 1934, Law No 370).
(USSR Laws 1930, Law No 486, of 2 September 1930; 'Basic Principles of
Criminal Legislation of the USSR and of the Union Republics," USSR Laws
1924, Law No 205)
2. (1) It is hereby called to the attention of the courts that in:
applying confiscation of property as an additional measure of punishment
in instances provided for by law they must not tolerate a formalistic
approach to the decision of this question and must tp each particular
case take into account the social danger constituted by the individual
conmii.tted for trial, the degree of his guilt, and his personal traits.
In case it applies confiscation of property, a court must
strictly observe the legal'r?equirements defining the property that is
subject to confiscation and, shall not permit violations of citizens' rights.
(2) It is explained that in case a suspended sentence is impbsod,
which by law is subject to imposition in the presence of especially ex-
tenuating circumstances, election of confiscation of property as an addi
tional measure of punishment is, as a rule, inexpedient.
(3) If, because of the concrete circumstances of a case, a
court deems it inexpedient to apply confiscation of property in connection
with conviction of a crime with regard to which obligatory confiscation
of property is stipulated as an additional measure of,punishment, the
reasons why the court arrived at such a decision on that question must
be indicated in the sentence.
(4) In designating additional punishment in the form of con-
fiscation of property, a court must clearly specify the amount to be
confiscated in order to avoid confusion or doubt in executing the sentence.
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In particular, if a court decrees confiscation of a part of
property, the sentence must precisely specify exactly what portion (one
half, one third, etc.) of the convicted person's total property is sub-
ject to confiscation, or it must concretely list items to be confiscated.
It is not permissible to substitute for confiscation of property payment
of a sum of money equal to the cost of such property.
The courts must keep in mind that in confiscating all of a
convicted person's property in accordance with Section 4+0 of the RSFSR
Criminal Code and with corresponding sections of the criminal codes of
other union republics, only the personal property of the convicted person
and his share in common property shall be subject to confiscation, but
the shares of other persons in property owned in common with the con-
victed person on the basis of general property rights (na prave obshchey
sobstvennosti) shall not be subject to confiscation. In this .connection,
the rights and legitimate interests of the members of a convicted person's
family who live with him must be taken into account.
(5) If property is attached in the course of pretrial investiga-
tion, as is provided for by Section 121-a of the RSFSR criminal Procedural
.Code and by corresponding sections of the criminal procedural codes of other
union republics, in trying a case a court must check to determine whether
or not the requirements of Section 25-1 of the Basic Principles of Criminal
legislation have been observed with regard to property not subject to
confiscation, and if such property has been included in an inventory;'or?
purposes of attachment], the court must order it stricken from the in-
ventory and released from attachment.
(6) A court must check to determine whether or not inventoried
property actually. belongs to the person committed for trial,, and, if there
is evidence that property which does not belong to the person committed
for trial has been attached, provided that ownership of this. property
is not contested, the court shall -- acting by analogy with. Sections 69
and 331 of . the RSFSR Criminal Procedural. Code, and frith corgi ?esponding,
sections of the criminal p,,,ocedukal codes of o to^e union republics.
-- order such propea, ty stun^icken from the inventory, .released from
attachment, and returned to its lawful owner.
(7) It is explained to the courts that only such property may
be attached as personally belongs to the individual committed for trial
or represents his share in general. property at "the time sentence is
passed.
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In cases where, after a sentence to confiscation of all prop-
erty has been executed and it is discovered that property belonging has to
the sentenced person and acquired prior to his being sentenced been confiscated, or that, although acquired subsequently, the property
was acquired with funds subject to confiscation according to the sentence,
then the court that passed the sentence or the court at the place where
it was executed shall, pursuant to a'prosecutor?s recommendation, order
that the property discovered be confiscated, provided that this may be
lawfully effected.
(8) In executing a sentence which, aside from confiscation of
property, directs that sums be exacted from the convicted person to
compensate financial loss caused by the crime, the exaction of sums to
compensate financial loss shall have first priority, and the remainder
of the property shall then be confiscated, provided that it is property
which may be lawfully confiscated.
It is explained to the courts that specifying particular
(9)
property in a sentence as being subject to confiscation does not bar
third parties from proving their right to this property by means of a
civil suit, since, in accordance with Section 13 of the RSFSR Criminal
Procedural Code and with corresponding sections of the criminal procedural
codes of other union republics, the sentence of a criminal court that has
become final and executive is binding upon a civil court which is engaged
in considering the civil consequences of a crime solely with regard to the
questions of whether or not the crime was committed and whether or not
the person who was tried committed it. Therefore, a court must take-such suits into cons~dera,Lion,and luprior
aris not isen with binding
ofaas~ontestathatsentence
on a civil court in its resolution
to this property.
In this connection, if it is established by court sentence
in a criminal case, or by a civil court in passing on a suit to strike
property from an inventory, that the convicted person obtained property
listed in the inventory by criminal means or with funds obtained by
criminal means and that a fictitious transaction was registered in the
name of other persons solely for the purpose of exempting the property
from confiscation, then such a transaction shall be considered invalid,
and suits based on such transactions shall not be granted.
(10) The courts are instructed that withdrawal of a house from
the owner when it is confiscated does not deprive members of the con-
victed person?s family, and other persons, of the right to live in the
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house as tenants and to occupy dwelling space therein in accordance. with
housing norms. Members of such_a family, and other persons, may be evicted
from the dwelling space they occupy in the house only on a general legal
basis.
(11) It is called to the attention of the courts that they must
continuously supervise the activities of bailiffs in executing sentences
with regard to confiscation of property. The iule is hereby established
in this connection that inventories of property Subject to confiscation
that are drawn up by bailiffs shall be approved by a people's judge of
the area in which sentence is to be executed in respect of confiscation
of property.
All appeals against irregular execution of sentences with re-
gard to confiscation of property, as well as all doubts and questions
arising on this score that are not connected with the institution of
civil suits, shall be resolved by the court that passed the sentence or
by a court at the place where sentence is to be executed, as provided
for by sections 461 and 462 of the RSFSR Criminal Procedural Code and by
corresponding sections of the criminal procedural codes of other union
republics.
(12) The courts are hereby instructed that in case a superior
court excludes confiscation from the sentence of the court that passed
it, upon receipt of the order to that effect the latter shall ?? irre-
spective of whether or not the convicted person so requests ?- send a
copy of the order to the financial agency having jurisdiction over the
confiscated property for execution, i.e., for return of the property or
payment of compensation therefor.
Return of property or payment of compensation therefor shall
be carried out in accordance with rules set forth in the "Statute on Account-
ing for and Using Nationalized, Confiscated, Escheated, and Ownerless Prop-
erty," which was confirmed by a Sovnarkom USSR decree of 17 April 1943, and
in the Instruction, of the People's Commissariat of Finance USSR of 31 May
1943.E
**The Instruction of the People's Commissariat of Finance USSR
of 31 May 1943 lost force with issuance of the Instruction of
the Ministry of Finance USSR of 30 January 1956, No 35.
The same procedure shall be followed in returning property
or paying compensation for it in cases where a subsequent court decision
excludes from the inventory property that has already been confiscated in
execution of a sentence that has become final and executive.
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(13) It is explained to the courts that when, pursuant to an
act of amnesty, a convicted person is completely relieved of punishment,
the amnesty also extends to the confiscation of property, provided thate
this has not been effected prior benstaken ,
provided that the property subject
into custody.
(14) It is called to the attention of the higher courts -- and
especially to that of union-republic supreme courts -- that, in reviewing
cases on points of law, and pursuant to the ex officio reopening thereof,
they must carefully check to determine whether or not [the penalty of]
confiscation of property was properly applied, on whether or not viola-
tions of law were committed in inventorying property, in attaching prop-
erty, or in executing sentence with regard to confiscation of property.
These courts shall take the necessary measures both to defend state
interests and to restore rights of citizens that have been violated.
(From the decree of the Plenum, Supreme Court USSR dated 29 September 1953,
No 7)
Annotation on Section 44
1. See Section 2 of commentary on Section 20.
Annotation on Section 45
1. See Section 2 of the decree of the Plenum, Supreme Court USSR
dated 28 May 1954, No 5 (p 104).
Annotation on Section 41
1. See Sectionsl0 and 11 of the decree of the Plenum, Supreme
Court USSR dated 28 May 1954, No 5 (pp 105-106)
Annotation on Section 49
4 (1) It is the explicit meaning of Section 33 of the "Basic
Principles of Criminal Legislation of the USSR and of the Union Republics',"
that in electing measures of social defense in cases where
acttcom-
qualified
mitted by an accused person may simultaneously be
criteria of several crimes (a compound offense, ideal'naya sovolfupnost'),
as well as in cases where the accused is deemed guilty of committing
view offences,
several separate crimes
combination'ofycriminalpacts'),
a court t must take the
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committed by the accused aggregately characterizes the heightened degree
to which his personality constitutes a social danger. This gives a court
the right to apply to the accused such measures of social defense, and
within such limits, as are specified in that section of a law which pro-
vides as a sanction the most severe principal measure of social defense.
(2) In terms of this stipulation of Section 33 of the "Basic
Principles of Criminal Legislation of the USSR and of the Union Republics,
and of corresponding sections of union-republic criminal codes, a court
is obliged -- with regard both to a compound offence and to a plurality
of offences -- to qualify the entire combination of criminal acts com-
mitted by an accused person in the final conclusion of the sentence under
that section which provides as a sanction the most severe basic measure
of social defense, and, irrespective of whether or not corresponding
sections of union-republic criminal codes require that a measure of social
defense be preliminarily fixed for each crime, a court must decide the
question of what concrete measure of social defense -- within limits
specified by the section providing for the most severe punishment
--
should be imposed on the convicted person under that same section for
the entire combination of criminal acts he has committed. The measure
of social defense elected by a court under this procedure shall be the
final punishment,
(3) It also follows from Section 33 of the "Basic Principles
of Criminal Legislation of the USSR and of the Union Republics" that the
procedure thereby established for fixing measures of social defense should
be followed with regard to a combination of crimes only when sentence has
not been passed for any crime entering into that combination, and, there-
fore, only when a court is trying a case in essence with respect to all
the crimes which.. constitute the combination.
(4) Regarding cases involving a combination of crimes, in fixing
a basic measure of social defense under the section providing for the
most severe punishment, a court has the right to add to it any of the
supplementary measures -- including confiscation of property -- provided
for in the other sections which cover the individual criminal acts com-
mitted by the convicted person that --enter into the combination of offences.
(Extract from the decree of the 23d Plenum, Supreme Court USSR of 4 March
1929)
2. In Judicial practice there arises the question of how to fix a
penalty for a combination of crimes on the principle of cumulative punish-
ment in cases when, according to sentences entering into the combination,
both confinement and corrective labor work [without confinement] are
designated.
The Plenum, Supreme Court USSR resolves to issue to the courts
the following instructions in this connection:
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As regards union republics whose criminal codes do not resolve
the aforementioned question, in case it is necessary to apply the prin-
ciple of cumulative punishment, punishment for a combination of crimes
shall be fixed by analogy to Section 29 of the RSFSR Criminal Code, and
to corresponding sections of other union-republic criminal codes, by sub-
stituting confinement for corrective labor work at the rate of three days
of corrective labor work to one day of confinement. The term thus cal-
culated shall be added to the period of confinement specified in the
other sentence entering into the combination of crimes. (Decree of the
Plenum, Supreme Court USSR of 22 January 1942, No 2/4/V)
3. See Sections 7 and 11 of the decree cif the Plenum, Supreme Court
USSR of 28 May 1954) No 5 (pp 105-lo6).'
4. Pusuant to the sentence of a military tribunal dated 13 November
1945, which remained in effect on the basis of an order of the Military
Collegium of the Supreme Court USSR dated 18 December 1945, "D" was sen-
tenced under Clause d of Section 162 and Clause d of Section 193-15 of
the RSFSR Criminal Code to a cumulative sentence of 4 years confinement
in a corrective labor camp without deprivation of rights. In fixing the
punishment of "D" on a cumulative basis, the military tribunal did not
preliminarily determine what the punishment was for each of the crimes
of which "D" was convicted. This violated Section 49 of the RSFSR Crim-
inal Code, according to which a court is obliged in such cases to fix a
punishment for each separate crime and then finally to select a punish-
ment specified in that section of the Criminal Code which covers the most
serious of the crimes committed and provides for the most severe penalty.
In view of the facts stated, the Plenum, Supreme Court USSR
The sentence of the military tribunal dated 13 November 1945 and
the order of the Military Collegium'of the Supreme Court USSR dated 18 Dec-
ember 1945, regarding the case of "D", are overruled, and the case is
hereby remanded for trial to the same court, with other judges sitting.
In view of the fact that failure to comply with the legal require-
ments cited above is also to be found in the practice of other judicial
organs, in accordance with Section 75 of the Law on the Judicial System
this decree shall constitute a guiding instruction to judicial organs
on the necessity for absolute fulfillment of the requirements of Section
49 of the RSFSR Criminal Code and of corresponding sections of the crim-
inal codes of other union republics which contain as analogous rule (Sec-
tion 54 of the Belorussian SSR Criminal Code; Paragraph 2, Section 46
of that of the Georgian SSR; Paragraph 2, Section 54 of that of the Azer-
baydzhan SSR; Section 49 of that of the Armenian SSR; Section 51 of that
of the Uzbek SSR; and Section 44 of that of the Tadzhik SSR). (Decree
of the Plenum, Supreme Court USSR of 15 February 1946, No 2/3/V)
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5. si f--We a J)e2; saai cap whom court sentence passed has become final and
executive, but has not been executed, commits a fresh crime, a court has
the right either to add all or a part of the measure of social defense
specified in that sentence to the measure of social defense designated
in connection with the new case, or else to apply to the convicted per-
son only the latter measure of social defense, the previous sentence
running concurrently. In case measures of social defense are combined,
the total period of confinement may not exceed 10 years,** and corrective
labor work may not exceed one, year. The same rule is effective in regard
to persons who have committed a fresh crime while serving a measure of
social defense imposed by court sentence, provided, however, that only
the unserved part of the measure of social defense prescribed by the first
sentence may be added. (Decree of the Presidium, Supreme Court RSFSR of
16 December 1933, Order No 68)
**See the ukases of the Presidium, Supreme Soviet USSR of
4 June 1947 (p 101. ) , of 9 June 1947 (p 108 ) , of 4 January
1949 (p 116 ), and of 10 January 1955 (p 103 )
Annotation on Sections 51 and 53
1. See Section 2 of the decree of the Plenum, Supreme Court USSR
of 17 February 1948, No 4/2/V (p 107 ), and Section 2 of the decree of
the Plenum, Supreme Court USSR of 28 May 1954, No 5 (p 104 ).
Annotation on Section 54-1
1. See the ukases of the Presidium, Supreme Soviet USSR of 24 April
1954 and 14 June 1954 (pp 117-118).
2. (3) In deciding the question of pre-term release, of release
on parole, or of reducing the terms of punishment of persons who have
been amnestied or pardoned, the term of punishment already served shall
be deducted from the reduced term prescribed by the act of amnesty or
pardon.
(4) In passing an order on p ?e-term release or release on pa-
role, a court also has the right to relieve a convicted person of any
additional punishments specified in his sentence: exile, banishment,
deprivation of rights, prohibition against occupying a specified post,
or prohibition against engaging in a certain activity. (Excerpt from
the ukase of the Presidium, Supreme Soviet USSR of 21 April 1955, "On
Procedure for Judicial Review of Cases Involving Pre-Term Release or
Release on Parole from Places of Confinement")
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Annotation on Section 55
1. In judicial practice there arises the question of conditions
for expunging the criminal records of convicted persons who, on one
basis or another, were released from punishment prior to the expiration
of the terms specified in their sentences.
In this connection, the Plenum, Supreme Court USSR resolves to
issue the following instructions to the courts:
If the punishment prescribed in a sentence has been reduced by
virtue of an amnesty or of a higher court's order, or by virtue of an
order to release on parole, the conditions for expunging a criminal re-
cord that are stipulated in Section 55 of the RSFSR Criminal Code, and
in corresponding sections of other union-republic criminal codes, shall
be applied on the basis of the reduced measure of punishment, not on
the basis of that fixed in the sentence. The period upon expiration of
which a criminal record stands expunged shall begin on the day a con-
victed person serves out the reduced measure of punishment.
In case a convicted person is released from further service of
punishment by an amnesty that does not expunge his criminal record, or
pursuant to an order that he be released on parole, the period of time
upon expiration of which his criminal record will stand expunged shall
be based on the amount of punishment actually served prior to the date
on which the act of amnesty was issued or on which an order for release
on parole was passed. The indicated period shall commence at that time.
Regarding all other cases of pre-term release (for example, by
reason of illness, by virtue of time counted toward service of sentence,
and the like), the period of time upon expiration of which a criminal
record stands expunged shall be based on the punishment originally fixed,
not on that actually served. In such cases, the indicated period of
time shall commence on the day on which an individual is actually relieved
of punishment. (Extract from the decree of the Plenum, Supreme Court
USSR of 20 March 1953, No 4, edition of 17 September 19544)
2. In accordance with Clause c, Section 10-1, of the "Basic Princi
ples of Criminal Legislation of the USSR and of the Union Republics,"
not considered to have criminal records are, In particular, persons sen-
tenced to confinement for periods not exceeding 6 months, or persons sen-
tenced to less severe punishments, provided that they have not committed
a fresh crime in the course of 3 years from the day upon which service
of punishment was completed. It is the clear meaning of Section 13 of
the "Basic Principles of Criminal Legislation of the USSR and of the
Union Republics," which consecutively lists types of crime by degree of
seriousness, that compulsory labor without confinement (corrective labor
work) is a less severe punishment than confinement. Such a conclusion
is also confirmed by the stipulation of Section 29 of the RSFSR Criminal
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Code, .and of corresponding sections of other union-republic, criminal codes,
that pretrial confinement shall be counted at'the rate of 3 days of cor-
rective labor work to one day of confinement. It follows that one year
of corrective labor work should be considered equivalent-to 4 months of
confinement. Therefore, in deciding the question of expunging a crim-
inal record,.a court should be guided by the fact that persons sentenced
to corrective labor work for periods of up to one year, inclusive, are
considered not to have a criminal record after the passage of 3 years
from the day on which punishment was served out, provided that they did
not commit a fresh crime during that period.
The Plenum resolves to issue the following additional instruc-
Section 55 of the RSFSR Criminal Code, which is based on Section
10-l. of the "Basic Principles of Criminal Legislation of the USSR and
of the Union Republics," contains a contradiction with the latter. Section
10-1 of.the Basic Principles makes it a condition for expunging criminal
records that no crimes whatsoever shall have been committed by the in-
dividuals in question during the periods of time specified therein, whereas
the indicated section of the criminal 0-ode RSFSR conditions such action
on omission to commit another equally or more serious crime.
Since, in accordance with Section 20 of the USSR Constitution,
in case there is a discrepancy between an all-union law and a republic
law, the former shall prevail, the Plenum issue points out that in
resolving the question of expunging criminal records the courts shall
be guided by the requirements of Section 10-1 of the "Basic Principles
of Criminal Legislation of the USSR and of the Union Republics," according
to which criminal records shall stand expunged upon the expiration of
specified periods of time, provided that no fresh crime (and not only not
an equally or more serious crime) shall have been committed within these
periods of time. (Extract from the decree of the Plenum, Supreme Court
USSR of 10 February 1940, No 2/2/V, edition of 17 September 1954)
3.
See Section 2 of commentary on Section 14.
4. See the ukases of the Presidium, Supreme Soviet USSR of 27 March
1953 (p 118), 17 September 1955 (p 120 ), 28 September 1955 (p 122 ), and
8 September 1953 (p 122 ).
Annotation on Section 58-7
1. In view of the fact that there have been instances_injudicial
practice when Sections 58-7, 58-9, and 58-14 of the RSFSR Criminal Code,
and corresponding sections of other union-republic criminal bodes, were
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incorrectly applied, the Plenum, Supreme Court USSR points out that, in
accordance with the sense of these sections, they may be applied only
when the circumstances of a case establish the fact that a person com-
mitted for trial acted with counterrevolutionary intent. (Extract from
the decree of the Plenum, Supreme Court USSR of 31 December 1938)
Annotation on Section, 8-9
1. See Section 1 of commentary on Section 58-7.
Annotation on Section 58-14
1. See Section 1 of commentary on Section 58-7-
Annotation on Section 59-3
1. See Section 7 of the decree of the Plenum, Supreme Court USSR
of 28 May 1954, No 5 (p 105 ) .
Annotation on Section 59-3b
1. See Section 2 of commentary on Section 12.
Annotation on Section 59-3
1. It is obvious from judicial practice that the courts qualify
violations of the system of performing service committed by workers of
the militarized guard of rail and water transport in various ways.
The Plenum, Supreme Court USSR resolves to issue the following
instructions to the courts in this connection:
The militarized guard of rail and water transport, is responsible
for the protection of normal transport operations and for safeguarding
transport installations. In this connection, it follows that the
personnel of the militarized guard of transport should, in view of the
nature of their work, be regarded as transport workers. Therefore, any
violation of the system of performing service committed by such workers
which resulted or might have resulted in the consequences specified in
Section.59-3c of the RSFSR Criminal Code, and in corresponding sections
of other union-republic criminal codes, should be qualified under that
section in the some way as violations committed by transport workers.
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This decree shall not apply to those workers of the militarized
guard who are military personnel and who therefore are liable to punish-
ment for violating the system of performing 'aervice under the provisions
of appropriate sections of the "Statute on Military Crimes" (Chapter IX
of the RSFSR Criminal Code and corresponding chapters of other union-
republic criminal codes). (Decree of the Plenum, Supreme Court USSR of
22 October 1942, No 18/M/21/V)
2. Any violation of rules governing fleet movements that caused or
might have caused the consequences specified in Section 59-3c of the
RSFSR Criminal Code and in corresponding sections of other union-republic
criminal codes, if committed by water transport workers of state, coopera-
tive, or public organizations upon whom compliance with the currently
effective "Fleet Movements Safety Regulations" is obligatory, shall be
qualified under Section 59-3c of the RSFSR Criminal Code and under cor-
responding sections of other union-republic criminal codes, irrespective
of the question of to which department or organization such means of
transport belong. (Extract from the decree of the Plenum, Supreme Court
USSR of 6 January 1950, No 1/2/V)
3. In connection with questions which have arisen in judicial prac-
tice in connection with the qualification of crimes connected with
automotive transport traffic, the Plenum, Supreme Court USSR resolves to
issue the following instructions to the courts,
(1) Violations of traffic regulations by automotive transport
workers, if accidents involving human beings or other serious consequences
result, shall be qualified under Section 59-30 of the RSFSR Criminal Code
and under corresponding sections of other union-republic criminal codes.
(2) Violations of traffic regulations committed by drivers of
automotive vehicles who are not automotive transport workers shall be
qualified as follows,
a. Deliberate, malicious violations of traffic regulations
(so-called "dare-deviltry," hooligan behaviour, driving while intoxicated,
etc.), if accidents involving loss of human life or the maiming of persons
result, shall be qualified, respectively, as murder and intentional in-
fliction of serious bodily injury under Sections 136 and 142 of the RSFSR
Criminal Code and under corresponding sections of other union-republic
criminal codes;
b. In cases when the injured party dies as the result of
a negligent violation of driving regulations committed in the absence
of the indicated aggravating circumstances, such a violation shall be
qualified as negligent homicide under Section 1,39 of the RSFSR Criminal
Code and under corresponding sections of other union-republic criminal
codes;
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c. All other cases of violations of traffic regulations
that result in any kind of bodily injury or in any other serious conse-
quences shall be qualified under Section 75-1 of the RSFSR Criminal
Code and under corresponding sections of other union-republic criminal
codes.
(3) In trying cases of the indicated category, judicial organs
shall take into account the heightened social danger constituted by these
crimes, and they shall strictly and consistently apply the measures of
punishment provided for by law to persons guilty of violating automotive
transport traffic regulations. (Decree of the Plenum, Supreme Court USSR
of 15 September 1950) No 16/12/V)
4. See the ukase of the Presidium, Supreme Soviet USSR of 30 April
1954, "On Increasing the Criminal Penalty for Murder" (p 100).
Annotation on Section 59-9
l.. The following shall be considered to constitute compound smuggl-
ing:
a. Transferral (out of or into the USSR] of any cargo other
than via customs institutions with the aid of any means of transport
especially designed for that purpose.
b. Concealment of smuggled cargo in any premises especially
adapted for concealment of the same.
c. Smuggling involving forgery of any customs document, or
coverage of any cargo with documents relative to any other cargo. (USSR
Laws 1930, Law No 4+5, dated 23 January 1930)
d. Participation in any organization especially engaged in
smuggling.
e. Smuggling committed by armed persons.
f. Commission of smugglingby y official 'Who is directly
connected with customs work, or by any official able to take advantage
of his official position for the purpose of smuggling.
g. Smuggling committed more than twice within a period of 3
years, or witting possession, transportation, or dealing in contraband,
if engaged in as a trade.
.h. Smuggling of explosive substances, arms, military equipment,
aircraft, or telegraphic or radiotelegraphic equipment, or exporting
cancelled securities.
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i. Making a business of illegally exporting, importing, remitt-
ing, or transferring abroad, or from abroad, foreign exchange or stock.
(USSR Laws 1931, Law No 71, dated 31 January 1931; Section 166 of the
USSR Customs Code, 16 December 1929 edition, USSR Laws 1929, Law No 2,
as subsequently amended)
2. In accordance with regulations of the People's Commissariat of
Foreign Trade USSR, promulgated by Main Customs Administration Order No
21/op of 9 July 1938 and issued in accordance with Sections 11+2, ]A3,
and 149 of the USSR Customs Code, foreign,Qitizens who arrive in the
USSR for; a stay of over one year shall have the right to bring with them
from abroad, unlicensed and duty-free, items specified in the indicated
regulations, which must be listed in their passports and taken back with
them when they leave the country.
In addition, the more valuable possessions of foreign citizens
who arrive in the USSR for a stay of less than one year shall be listed
in their passports.
The question arises in practice as to how the acts of foreign
citizens who illegally employ the indicated objects for mercenary ends
by means of selling them, hiring them out for pay, etc., should be
qualified.
The Plenum, Supreme Court USSR instructs the courts in this
connection that such acts on the part of foreign citizens are subject
to punishment by administrative action, as for smuggling, in accordance
with Section 83 of the RSFSR Criminal Code, and when necessary shall be
subject to criminal prosecution in accordance with Section 59-9 of the
RSFSR Criminal Code and with corresponding sections of. other union-republic
criminal codes. Persons who receive these objects from foreign citizens
under the indicated conditions shall be punished as accessories.
Uncompensated transferral of the indicated objects shall not be
punished under criminal law or by administrative action, as for smuggling.
Such cases shall be tried by the courts and decided in accordance with
rules on that question laid down in the USSR Customs Code and in the
Instructions of the Ministry of Foreign Trade USSR. (Extract from the
decree of the Plenum, Supreme Court USSR of 3 March 1950, No 5/13/P)
Annotation on Section 59-12
The buying up of large amounts of state loan obligations at less
than their nominal value, irrespective of how they may be subsequently
employed, shall be qualified under Section 59-12 of the RSFSR Criminal
Code and under corresponding sections of other union-republic criminal
codes. (Extract from the decree of the Plenum,, Supreme Couirt USSR of
20 April 1951, No 5/i1/v)
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Annotation on Section 64
1. In accordance with Section 67 of the law "On Universal Military
Service," be it enacted that persons who are guilty of violating military
registration regulations shall be subject to punishment as follows:
(3) For failure to comply with the regulations governing registra-
tion of persons subject to military service that are laid down in Sections
63 and 64 of the law "On Universal Military Service," managers, commandants,
and owners of houses shall be subject to a fine not exceeding 100 rubles,
to be imposed by administrative action by, chiefs of militia departments.
[(4) is omitted]
(5) Persons guilty of losing draft registration cards as the
result of carelessness shall be subject to a fine not exceeding 100
rubles. Fines shall be imposed by rayon (city) military commissars.
(6) Local Worker-Peasant Militia agencies shall be responsible
for exacting fines imposed for violations of military registration regula-
tions and for the loss of draft registration cards. (Extract from the
ukase of the Presidium, Supreme Soviet USSR of 30 July 1940, "On Liability,
to Punishment for Violation of Military Registration Regulations" Vedo osti
Verkhovnogo Soveea SSSR 1940, No 28)
Annotation on Section 72
1. See Section 6 of the decree of the Plenum, Supreme Court USSR
of 28 May 1954, No 5 (p 105 ).
2. (33) Persons guilty of forging any passport, of living on the
basis of another person's passport, or of using another person's passport
or a forged passport) shall be subject to criminal prosecution under
Section 72 of the RSFSR Criminal Code, and under corresponding sections
of other union-republic criminal codes (by confinement for a period not
exceeding 3 years, or by corrective labor work for a period not exceed-
ing 3 years, or by corrective labor work for a period not exceeding one
year, or by a fine not exceeding 100 rubles). ("Statute on Passports,"
approved by the decree of the Council of Ministers USSR of 21 October
1953)
Annotation on section 74
1. In order to eliminate shortcomings in judicial practice in
cases of hooliganism, and in order to improve the quality of judicial
work, the Plenum, Supreme Court USSR resolves to issue the following
instructions to the'courts:
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(1) In trying cases of hooliganism, it is not permissible
groundlessly to qualify acts which are not characterized by the criteria
of those sections under Section 74 of the RSFSR Criminal Code and under
corresponding sections of other union-republic criminal codes. Hooliganism
consists in the commission of acts which violate public order and involve
obvious disrespect for society. It follows from this that not every
kind of violation of public order should be prosecuted under criminal law.
Even though they are characterized by the indicated criteria, insignificant
acts should be punished by administrative action.
(2) Groundless qualification as hooliganism of acts that con-
stitute crimes under other sections of the Criminal Code. is not permissible.
Infliction of. blows, of serious or minor bodily injury, of insults, etc.,
should be qualified under appropriate sections of that.chapter of the
Criminal Code which covers crimes against the life, health, freedom, and
dignity of the individual (Chapter VI of the RSFSR Criminal Code and
corresponding chapters of other union-republic criminal codes).
Such acts may be qualified as hooliganism only in cases
when it is established that they were committed for the purpose of dem-
onstrating obvious disrespect for society, but they may not be so qualified
when they are basically motivated by personal interrelationships between
the accused and the injured party.
(3) In the presence of criteria characterizing hooliganism --
i.e., the commission of acts which violate public order and involve
obvious disrespect for society -- it is necessary to apply Paragraph.l,
Section 74, of the RSFSR Criminal Code and corresponding sections of
other union-republic criminal codes.
Paragraph 2, section 74, of the RSFSR Criminal Code, and cor-
responding sections of other union-republic criminal codes, should be
applied only in the presence of one or more of the following legislatively
established conditions:
a. Commission of a disturbance or of an outrage -- i.e.,
acts involving violence, damage to property, or destruction of property
-- and other acts, for example,. rioting in clubs, theaters, or other
public places;
b. Commission of acts of hooliganism for a second time;
c. Stubborn persistence in acts of hooliganism despite the
warnings ofagencies for preserving public Order;
d. Extreme cynicism or insolence of acts of hooliganism.
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The courts should not apply Section 74+ of the RSFSR Criminal
Code -- or corresponding sections of other union-republic criminal codes
-- to persons who, by chance or for the first time, commit minor antisocial
acts, provided that these persons are worthy members of Soviet society in
respect of their social [relationships] and daily lives. Therefore, the
courts should in all cases carefully analyze the personal traits of in-
dividuals committed for trial, their production and public work, and their
everyday behavior. (Extract from the decree of the Plenum, Supreme Court
USSR of 29 April 1939)
Annotation on Section 15-1
1. See Section 3 of commentary on Section 59-3c.
Annotation on Section 79
1. "Section 6. For intentionally causing cattle- c e.to czt s'
or for intentionally damaging field-protecting forest plantings, or
fruit trees, berry bushes, or other plantings, if large-scale loss to
any kolkhoz, sovkhoz, or other state or public agricultural enterprise
results, guilty persons shall be subjected by means of court sentences
to punishment in the form of corrective labor work for a period of from
6 months to one year,, or confinement for periods of from one to 2 years.
(Extract from the ukase of the Presidium, Supreme Soviet USSR of 11 Jan-
uary 1955, "On Liability to Punishment for Cattle-Damage to Kolkhoz and
Sovkhoz Crops," Vedomosti Verkhovnogo Soviea SSSR 1955, Law No ?)
Annotation on Section 8
1. See Section 2 of commentary on Section 59-9.
Annotation on Section 84
1. For violation of regulations governing entry into and dwelling
in the border zone or the interdicted border zones -- specifically, for
entering, without being so authorized by NKVD USSR agencies, the border
zones or the interdicted border zones, for transferring such an authoriza-
tion to any other person, for using an authorization issued to any other
person, and, equally, for evading registration of any authorization issued
-- guilty persons shall be subject to confinement in a [corrective labor)
camp for periods of from one to 3 years by decree of the Special Board
(Osoboye Soveshchaniye) attached to: the People's Commissariat of Internal.
Affairs USSR.
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**On the basis of the TsIK and Sovnarkom decree of 7 September
1937 (USSR Laws 1937, Law No 251), these cases are subject to
trial in a court. The Special Board has been abolished.
Liable to the same punishment are chairmen of village soviets,
commandants of enterprises and installations, and other officials who
permit to live in houses under their jurisdiction persons who have
entered the border zone or any interdicted border zone without being so
authorized by agencies of the NKVD USSR, or who have violated registrar
!,%%,regulations established for residents of the border zone or of in-
terdicted border zones. (Section 3 of the TsIK and Sovnarkom decree of
17 July 1935, "On Entrance into and Residence in Border Zones," USSR
Laws 19 35, Law No 377)
Annotation on section ?I-a
1. (1) The leasing of agricultural land, whether within or outside
the limits of a city, is prohibited.
[(2) and (3) are omitted]
(4+) The collection in any form of rent on land previously made
available for agricultural use shall cease upon the issuance of this
decree. (Extract from the TsIK and Sovnarkom decree of 4 June 1937,
USSR Laws 1937, Law No 150)**
**Extended to accessory forms of land-use in forests (USSR Laws
1937, Law No 373)
2. Subject to qualification under Section 87-a are purchase, sale,
agreement to sell, bequeathal, gifts, incumbrance, and all forms of cession
of 'rights to the use of any fruit orchard, vineyard, or berry patch lo-
cated on land of any city, worker, summerhouse, or resort settlement.
(VTsIK and Sovnarkom decree of 6 September 1930, RSFSR Laws 1930, Law No
529)
3. Section 87-a of the RSFSR Criminal Code and corresponding sec-
tions of other union-republic criminal codes cover illegal alienation
of rights to toil-tenure of land, i.e., cession of such rights by the
user to other persons on a permanent or temporary basis, with or with-
out compensation. In the case at hand, it is a question of the mis-
appropriation of a nonexistent right. Therefore, acts expressed in the
form of unauthorized utilization for personal ends of land belonging to
a kolkhoz or sovkhoz cannot be qualified under Section 87-a of the RSFSR
Criminal Code or under corresponding sections of other union-republic crim-
inal codes. Such acts shall be qualified as follows:
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a. Unauthorized cultivation for personal ends of land belonging
to a kolkhoz or sovkhoz shall be qualified as taking the law into one's
own hands (samoupravstvo) under Section 90 of the RSFSR Criminal Code
and under corresponding sections of other union-republic criminal codes.
b. Unauthorized harvesting of crops to satisfy personal needs
from land belonging to a sovkhoz or kolkhoz shall be qualified as plunder-
ing (khishcheniye) of state property in accordance with appropriate sec-
tions of union-republic criminal codes, and, when appropriate, under the
law of 7 August 1932.**
**See the decree of the Plenum, Supreme Court USSR of 22 Aug-
ust 1947, No 12/6 (p 103 ).
c. In cases when any of the acts specified in Clause a of this.
decree have been committed by authorization of a governmental representa-
tive or of a leading kolkhoz or sovkhoz official, these persons shall be
prosecuted under Section 87-a of the RSFSR Criminal Code and under cor-
responding sections of other union-republic criminal codes. Any person
who wittingly takes advantage of such an illegal authorization shall be
prosecuted. as an accessory under the same section, but if there is no
proof -- or if it is not proved -- that a person has wittingly taken ad-
vantage of an illegal authorization, he shall not be prosecuted under
criminal law.
The acts of governmental representatives and of officials who
authorize commission of the indicated illegal acts from mercenary motives
or from any other kind of personal interest shall be cumulatively quali-
fied under Section 87-a of the RSFSR Criminal Code and under corresponding
sections of other union-republic criminal codes, and under sections of
criminal codes dealing with crimes committed in office. (Extract from
the decree of the Plenum, Supreme Court USSR of 3 April 1940, No 7/6/v)
Annotation on Section 90
1. See Section 3 of commentary on Section 87-a.
2. See Section 8 of the decree of the Plenum, Supreme Court USSR
of 28 May 1954 (p 105 ) o
Annotation on section 91-1
Any person who, by means of violence, fraud, threats, or bribery
prevents a Soviet citizen from freely exercising his right to elect and
be elected to the Supreme Soviet USSR shall be punished by confinement
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for a period not exceeding 2 years. (Section 109 of the "Statute on
Elections to the Supreme Soviet USSR," Vedomosti Verkhovnogo Soveta SSR
1950, No 2; Section, 100 of the "Statute on Elections to the Supreme Soviet
RSFSR"; and Section 129 of the "Statute on Elections to Kray, Oblast)
Okrug, Rayon, City, Village, and Settlement Soviets of Working People's
Deputies")
Annotation on Section 99
1. (l) Any person who engages in a prohibited trade shall be
subject to prosecution under Section 99 of the RSFSR Criminal Code and
under corresponding sections of other union-republics criminal codes.
If the criteria of speculation are present in these persons' acts, they
shall be subject to cumulative punishment under Section 99 and. 107 of
the RSFSR Criminal Code and under corresponding sections of other union-
republic criminal codes. (Extract from the decree of the Plenum, Supreme,
Court USSR of 25 June 19.8, No 12/11/V)
2. (4+) The following noncooperative trades, and the issuance of
registration certificates with respect to them, are prohibited:
a. The processing of purchased or customers' grain., hemp, flax,
or linen thread, as well as purchased wool and woolen yarn (except yarn
for carpet weaving);
b. The processing of purchased and customers' tobacco, shag
(makhorka), oilseeds, raw cotton thread, silk cocoons, silk
thread, and raw material for making sheepskin coats;
co The production of chemical substances (acid, lac dye,
vitriol, sodium carbonate, bluing, poisonous substances, and the like),
and the production of drying oil, perfumes, cosmetics., and soap;
d. The production and repair of bladed weapons and firearms;
the production of explosive and flammable substances, including pyro-
technical items: fireworks, Bengal lights, and the like;
e. The graphic trades (the typographic, vitreographic, photo-
static., zincographic, lithographic, and type foundry trades, and other
trades that employ typographic, cuprous, and Interlocked type, and the
liko; the production of duplicating devices (vitreographs, rotors,
shapirographs, and the like); the making of rubber and metallic stamps,
postmarks, seals, and typewriter type, and the engraving and optical
trades;
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f. The making from materials by handicraftsmen, on the basis
of individual orders or for general sale, of the following: ready-made
clothing, personal and household linen, knitted wear, and hats; shoes,
galoshes, and other articles made of leather or rubber; haberdashery,
harness, and articles manufactured from any nonferrous metal (tin, copper,
aluminum, lead, etc), including articles with individual parts made of
any nonferrous metal;
g. The production of metal strips and moulds for the making of
orders and medals; the production
mirrors, tablets, and
packets; the manufacture
bristles and horsehair;
h. The production of any article, not by order, but for market
sale, by handicraftsmen and artisans doing work on the side, or by work-
ers and employees who work as handicraftsmen or artisans after hours;
i. The production from purchased or customers' raw materials
of such food products as bread, dairy products, sausages, ham, and fruit
and vegetable products; pastilas, poppy-seed sweets, sugar candy, sweet-
meats, and other confectionery items; special dishes, coffee, pepper,
mustard, vinegar, nonalcoholic beverages, and the like;
J. The making from purchased or customers' raw materials of
wine or [other] alcoholic beverages;
k. The carrying of passengers or cargo in automotive vehicles
or by motorcycle;
1. Any kind of trade carried on with the employment of hired
labor or with the' aid of apprentices;
m. Packaging, grinding, bottling, sorting, cutting, refining,
and similar warehouse operations involving goods purchased for the pur-
pose of subsequent sale;
n. Any kind of trading (buying and reselling) or acting as a
middleman in trade, or the restoration [repair, reconditioning) of pur-
chased 'goods for the purpose of sale;
Note: Kolkhozniks and single-farmers, as well as workers,
employees, and other citizens who farm on the side, do not need registra-
tion certificates to sell the products of their husbandry as raw material
or in processed form.
o. The keeping of inns, carousels, bathhouses, weighing machines,
dynamometers, and shooting galleries, and the organization of various
kinds of games;
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p. The making of hoods or veils on the territory of the Uzbek
SSR. (Extract from regulations governing the registration of non-
cooperative, handicraftsmen and artisans, approved by the decree of the
Council.of Ministers USSR dated 30 June 1949)
3. In order to eliminate shortcomings in the work of the courts in
trying cases involving engagement in prohibited trades, the Plenum,
Supreme Court USSR resolves to issue the following instructions:
(1) It is called to the attention of the courts that only such
persons as engage in trades specifically prohibited by the regulations
governing registration of non-cooperative handicraftsmen and artisans,
which were approved by the decree of the Council of Ministers USSR dated
3o. June 1949, may be held criminally responsible under Section 99 of the
RSFSR Criminal Code, and under corresponding sections of other union-
republic criminal codes, for engaging in prohibited trades.
(2) Without abating struggle against the indicated crimes, at
the same time the courts should not hand down convictions for isolated
and unimportant instances of prohibited making of goods or preparation of
materials, because the law provides, for criminal punishment only for the
making or preparation and subsequent sale of goods or materials regard.'-
ing which there is a specific prohibition or limitation as a form of
trade.
(3) It is explained that engagement in a prohibited trade, is
subject to qualification under Section 99 of the RSFSR Criminal Code
and under corresponding sections of other union-republic criminal codes.
Section 107 of the RSFSR Criminal Code, and corresponding
sections of other union-republic criminal codes, may be applied in addi-
tion to Section 99 only in. cases involving a plurality off ;es
that is, when a person has engaged in buying and selling goods for the
purpose of making a profit in addition to engaging in a prohibited trade.
(Extract from the decree of the Plenum, Supreme Court USSR of 3 September
1954, No 7)
4. See Section 2 of commentary on Section 102,
See Section 2 of commentary on Section 107.
Annotation on Sections 102 and 10
1. See the ukase of the Presidium, Supreme Soviet USSR of 7 April
1948, "On Responsibility Under Criminal Law for Making and Selling Moon-
shine" (p ill).
2. See the decree of the Presidium, Supreme Court USSR of 5 January
1951, No l/i/V (P 112).
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Annotation on Section 107
1. Extending the provisions of earlier decrees against speculation,
the TsIK and Sovnarkom USSR decree of 20 May 1932 provided as follows
with regard to the 'trading activities of kolkhozniks and toiling individual
farmers: "The opening of stores and stands by private traders is prohibited,
and all measures shall be taken to extirpate retailers and speculators
who attempt to make a profit at the expense of the workers and peasants."
In view of the fact that, despite prohibition, cases of specula-
tion, especially on the part of speculators in mass consumption goods,
have recently been occuring with increasing frequency, TsIK and Sovnarkom
USSR hereby make the OGPU,** prosecution agencies, and local organs of
government responsible for taking measures to extirpate speculation, apply-
ing to speculators and retailers confinement in a concentration camp
(kontsentratsionnyy lager') for periods of from 5 to 10 years. (Ts1K
and Sovnarkom decree of 22 August 1932, USSR Laws 1932, Law No 375; ukase
of the Presidium, Supreme Soviet USSR of 8 September 19530
die OGPU was merged into the NKVD, now the MVD (USSR Laws
1934, Law No 283).
See the ukase of the Presidium, Supreme Soviet USSR of
8 September 1953 (p 122 Y.
2. The Plenum, Supreme Court USSR resolves to issue the following
instructions to the courts:
(1) The courts are instructed that it is necessary consistently
to apply to persons guilty of speculation Section 107 of the RSFSR Crim-
inal Code and corresponding sections of other union-republic criminal
codes, and that the punishment specified in these sections must be imposed.
In cases when resale of purchased goods is not established,
but when, on the basis of the entire body cif evidence, a court reaches
the well-g:ou ed conclusion that the goods in question, were purchased
for resale at a profit, such acts should be qualified under Sections 19
and 107 of the RSFSR Criminal Code and under corresponding sections of
other union-republic criminal codes.
(2) The acts of officials who are guilty of selling goods to
speculators shall be cumulatively qualified as abuse of official position
and complicity in speculation. Officials who take advantage of their
official position to buy up goods and who later themselves sell the same
for a profit shall be subject to a cumulative penalty for abuse of offi-
cial position and for speculation.
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(3) The acts of persons who wittingly buy up stolen goods for
resale in order to make a profit shall be cumulatively qualified under
Sections 164 and 107 of the RSFSR Criminal Code (and under corresponding
sections of other union-republic criminal codes), and in addition, when
necessary, under the law providing punishment for failure to report thefts
to the proper authorities.
If, in such cases, purchase was wittingly connected with
participation in theft, such acts shall be cumulatively qualified as
complicity in theft and speculation.
(4) Persons who engage in prohibited trades and in speculation
as well are subject to punishment under Sections 99 and 107 of the RSFSR
Criminal Code (and under corresponding sections of other union-republic
criminal codes).
(5) In addition, the courts are instructed that casual sales
or exchanges by working people of goods they have obtained for personal
use, not for resale, as well as sales by kolkhozniks and individual farmers
of the products of their own husbandry, provided that they are conducted
without violating the rules governing trade, do not contain the elements
of a criminal'offense (Excerpt from the decrees of the Plenum,, Supreme.
Court USSR of 31 December 1938, 10 February 1940, and 20 September 1946)
3. See Mons 1, 2, and 3 of commentary on Section 99.
4. See Section 2 of commentary on Sections 102 and 103.
5. See Section 1 of commentary on Section 111-a0
6. See Section 1 of commentary on Section 129-ao
Annotation on Section 108
1. See the ukase of the Presidium, Supreme Soviet USSR of 14 Feb-
ruary 1953, "On Increasing the Criminal Penalty for Violation of Safety
Regulations in Coal and Slate Mines" (p 113 ).
Annotation on Sections 109 and 111
1. See Section 2 of commentary on Section 128-a.
2. See Section 2 of commentary on Section 107.
3. See Section 1 of
commentary on Section 111-a.
4. See Sections 4 and 5 of the decree of the Plenum, Supreme Court
USSR of 28 May 1954, No 5 (P105 ) a
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Annotation on Section 111-a
1. (3) Any state or cooperative official who facilitates the
organization or operation of a pseudo-cooperative or who connives at-the
infiltration of businessmen-speculators into state or cooperative organiza-
tions, shall be subject to punishment, depending on the circumstances of
the case., under Sections 109 or 111-a of the Criminal Code RSPSR and under
corresponding sections of other union-republic criminal codes.
In cases when, by their acts, such officials wittingly facilitatE
the criminal activities of speculators or plunderers cry socialist property,
they shall hm subject to cumulative punishment for com,licity in specula-
tion or plundering of socialist property in addition to punishment speci
fied in the aforementioned sections of the Criminal Code. (Extract from
the decree of the Plenum, Supreme Court USSR of 25 June 1948, No 12/11/V)
Annotation on Sections 11 and 118
1. The Plenum, Supreme Court USSR resolves to, issue the following
guiding instructions to the courts:
(1) The courts are instructed on the necessity of resolutely
combating bribery by strictly and consistently applying to any person
who is guilty of accepting or giving a bribe, as well as to any intermediary
in bribery., the strict measures of punishment prescribed by law for these
crimes., not permitting groundless amelioration of punishment in this
type of case.
(2) Paragraph 1, Section 117, of the RSFSR Criminal Code and,
corresponding sections of other union-republic criminal codes shall not
be applied in the presence of criteria subject to qualification under
Paragraph 2 of these sections.
In particular, the courts shall not narrow the concept of
the responsible position of any official guilty of accepting bribes
as a qualifying element of that crime.
Acceptance of a bribe on two or more occasions, or simultane-
ous acceptance of a bribe from two or more persons., shall be regarded as
repeated acceptance (neodnotkratnoye polucheniye) of bribes.
(3) in case any person who incites another person to give a
bribe receives from him a sum of money or any other valuable thing,
ostensibly for transmittal to any official as a bribe, but .,actually
appropriates the same himself, the crime committed by the instigator
shall be qualified under Sections 117 and 118 of the RSFSR. Criminal
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Code and under corresponding sections of other union-republic criminal
codes, while the crime committed by the giver of the bribe shall be
qualified under Sections 19 and 118 of the RSFSR Criminal Code and under
corresponding sections of other union-republic criminal codes.
(4) When persons who have given bribes are convicted, the money
or other valuables they gave to officials or intermediaries shall in all
cases be subject to confiscation as material evidence by analogy with
Subsection 1, Section 69, of the RSFSR Criminal Procedural Code and with
corresponding sections of other union-republic criminal procedural codes.
(5) Whenever the trial of any case reveals circumstances indicat-
ing that any person committed for trial who has not been accused of those
crimes has accepted or given any bribe, or has acted as an intermediary
in bribery, or if it is revealed that any person not involved in a given
case has committed any of those crimes, the court shall not disregard
such circumstances but shall make an appropriate ruling, being guided
by Sections 312, 315, and.316 of the RSFSR Criminal Procedural Code and
by corresponding sections of other union republic criminal procedural;
codes. (Excerpt from the decree of the Presidium, Supreme Court USSR
of 24 June 191+9, No 7/2/V)
Annotation on Section 120
1. If any official of any soviet, or any member of any electoral
commission, shall forge electoral documents or wittingly give an in-
correct tally of ballots cast, he shall be punished by confinement for
a period not exceeding 3 years. (Section 110 of the "Statute on Elec-
tions to the Supreme Soviet USSR," Vedomosti Verkhovnogo Soveta SSSR
1950, No 2; Section 101 of the "Statute on Elections to the Supreme
Soviet RSFSR," and Section 130 of the "Statute on Elections to Kray,
Oblast Okrug, Rayon, City, Village, and Settlement Soviets o(- Working
People's Deputies")
Annotation on Section 128-a
1. The Plenum, Supreme Court USSR resolves to issue the following
instructions to the courts:
(1) The courts are instructed that is is necessary to carry
on the most resolute struggle against the release of poor quality or
Incomplete industrial products, and against the release of products in
violation of required standards, by means of consistently and strictly
applying to persons guilty of this antistate crime the measures of
punishment specified in the ukase of 10 July 191+0. (Paragraph 1, Sec-
tion 128-a, of the RSFSR Criminal Code and of corresponding sections of
other union-republic criminal codes)
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(2) There shall not be qualified under Sections 109, 111, or
other sections of the RSFSR Criminal Code, nor under corresponding sec-
tions of other union-republic criminal codes, the acts of officials.spe-
cified in the ukase of 10 July 19+0 who are guilty of releasing poor
quality, incomplete, or substandard industrial products, namely: dir-
ectors, chief engineers, and.chiefs
desi technic discharges
or persons bearing other official
the functions of the indicated officials.
The aforementioned crimes of the indicated officials shall
be qualified under Paragraph 1, Section 128-a, of the RSFSR Criminal
Code, and under corresponding sections of other union-republic criminal
codes, except that in the Azerbaydzhan and Uzbek SSRs, whose criminal
codes do not'contain corresponding sections, these crimes shall be
qualified under the ukase of 10 July 1940.
0) The courts are instructed that by release of products is
meant both the delivery of goods to a customer and those cases when prod-
ucts have been passed by a technical supervision division and finally
approved for delivery.
(4) Cases involving the release of poor quality, incomplete, or
substandard industrial products are under the jurisdiction of akrug, Oblast,
and kray courts, of supreme courts of autonomous republics, and of supreme
courts of union republics that are not subdivided into oblasts; but when
necessary they shall be tried by okrug and equivalent military tribunals,
railway transport okrug courts, and water transport line courts.-` (Extract:
from the decree of the Plenum, Supreme Court USSR of 30 September 1949,
No 13/9/V)
**Now line transport courts. [Comment. Line courts were
abolished in 1957. See translation of law in "Supplementary
Material, 1. Legislations]
Annotation on Sec tion 129?4
1. (2) Any person mho engages in any private enterprise activity
that is masked as a cooperative or state organization shall be liable to
punishment, depending on the circumstances of the case, under Paragraphs
1 or 2, Section 129-a, of the RSFSR Criminal Code, and under corresponding
sections of other union-republic criminal codes.
If there is present in the acts of these persons the criteria of
speculation or of plundering of socialist property, they shall be sub-
ject to cumulative punishment under SeCtaAns 129-a and 107 of the `SR
Criminal Code (and under corresponding sections of other union-republic
criminal codes), or under Section 129-a of the RSFSR Criminal. Code (and
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under cor?:reoponding_ c~t:io of other zzxiic~n~;e zl .,.c c:~~xeaa.nal codes)
and the, ukar e of ~ w Pr-e< a dium Supreme Soviet USSR of 4 June 1947,
"On Responsibility Under Cri final lax fov Piw.,idering State or Public
Property a " (Extract from the decree of the Plenum,, Su-rZV~Me Count; US SN
of 25 June 19489 No 12/-11/V)
A~nno.ation on SectionsEw~l~
1. See the ukase of?the Presidium,, Supreme Soviet USSR of 30 April
1954 (p loo ).
2. See Section 7 of the decree of the Plenum, Supreme Court'USSR of
28 May 1954p No 5 (p 105)
3. See Section 3 of ` Commentary on section 59-3c,
Annotation on Sections 14b and 1,4o-a
1. See the ukases of the Presidium, Supreme Soviet USSR of 5 August
1954 (p 116) and 23 November 1955 (P 13 .7 )
Annotation on Section 142
1. See the ukase of the Presidiuns9 Supreme Soviet USSR of 30 April
1954 (p loo) o
Annotation on Section.164
1a See Section 2 of co
entary on Section 107 a
Annotation on Section 167
1. See Section 7 of the decree of the Plenum,, Supreme Court USSR
of 28 May 19549 No 5 (p 105)
Annotation on-Section 16
1. See Section 9 of the decree of the Plenum,, Supreme Court USSR
of 28 May 19549 No 5 (p 105 )
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Annotation on Section 182
1. The note to Section 182 of the RSFSR Criminal Code applies to:
a. The local population of the national republics and oblasts
of the RSFSR,** if bladed weapons (daggers) are worn as an appurtenance
of the national costume;
**This decree now applies to the territory of the Dagestan-
skaya, Kabardinskaya, and Severo-Osetinskaya ASSRs, and to
the Cherkesskaya and Adygeyskaya autonomous oblasts.
b. The local hunting and fishing population (promyslovoye
naseleniye) of those regions of the far northern RSFSR where the wear-
ing of bladed weapons (hunting knives) is necessary due to conditions
of life or of such employment. (Extract from the decree of VTsIK and
Sovnarkom RSFSR of 10 September 1935, RSF'SR T_,a,vo, 1935p Law No 193)
Annotation on Section 192-a
1. (36) Any house manager, house owner, commandant, or:other per-
son responsible for registering passports who for a second time permits
anyone to sojourn without a passport or with an expired passport, and
any official who for a second time permits any person who has no pass-
port or whose passport has expired to be accepted for employment,"shall
be liable to criminal'puniebment under Paragraph 1, Section 192-a, of
the RSFSR Criminal Code and under corresponding sections of other union-
republic criminal codes (corrective labor work for a period not exceed-
ing 6 months).
Note. Officials of institutions, organizations, and enterprises
shall not be liable to the punishments provided for by Sections 34 and
36 of this statute for accepting for employment (on the basis of other
documents) persons- a n;required to have passports. (Excerpt from the
"Statute on Passports," approved by the decree of the Council of Mizister6
USSR of 21 October 1953)
Annotation on Section 193-
1. In the old edition of the RSFSR Criminal Code, Clauses a and b,
Section 193-7, (as they stood prior to the issuance of the ukase of the
Presidium, Supreme Soviet USSR of 6 July 1940) read as follows:
"193-7. a. Unauthorized leaving of the unit or place of service,
if the absence was prolonged for more than six 24-hour periods -- or such
absence during any fleet cruise, maneuver, short-term training muster,
refresher training muster, or inspection training muster for more than twc24-
hour periods -- shall be punished by:
Confinement for a period not exceeding one year;
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b. Flight from the unit or place of service with intent to
evade performance of military duties for an extended period,or altogether,
shall be punished by:
Confinement for a period not exceeding 3 years. (RSFSR
Laws 1932, Law No 214,,dated,20 May 1932)
Annotation on Section 1 ~-17
1. There has arisen in judicial practice the question of how to
qualify the service crimes of military personnel who are acting in the
capacity of officials, but who are not commanding personnel:
The Plenum, Supreme Court USSR resolves to issue the following
instructions to the courts in this connection:
Having it in mind that in the aforementioned circumstances the
indicated military personnel are in the performance of functions ordinar-
ily reserved to commanding personnel, their service crimes should be
qualified on the same basis as those of the latter.
For abuse of authority, acting in excess of powerssor nonfeasance,
in particular, as well as for neglect of.dty, they are subJe*t to punish-
ment under Section 17 of the "Statute on Military Crimes" (Section 193-17
of the RSFSR Criminal Code and corresponding sections of other union-
republic criminal codes). (Decree of the Plenum, Supreme Court USSR of
6 April 1945, No 6/4/V)
Annotation on Chapter X
1. See the decree of the Plenum, Supreme Court USSR No 14/3/V of
10 April 191+1, "On Judicial Practice in Cases Involving Crimes Constitut-
ing Survivals of the Tribal Way of Life."
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Part 2. SUPPLEMENTARY MATERIAL
I. COMMENTARY ON SOVIET CRIMINAL LAW BY DR GSOVSKI
[The following introductory material is quoted by per-
mission of the author) Dr Vladimir Gsovski, from his manu-
script, Substantive Criminal Law of the Soviet Union, pre-
pared for publication (Copyright Reserved o Minor changes
in style have been made in Dr Gsovski4s material to use it
in this publication. Numbers in parentheses refer to foot-
notes appended to this commentary.]
Chapter II. Sources of Criminal Law: RSFSR Criminal Code and Others
The criminal law of the USSR is essentially federal law although it
is included in the criminal codes enacted for the individual Soviet Re-
publics (states). But technically speaking, there is no federal criminal
code in the Soviet Union.
Until 1922, the courts and administrative authorities were not guided,
in imposing penalties, by definite rules embraced in a code.
The first criminal code was enacted on 24 May 1922 for the RSFSR
(Soviet Feder. Socialist Republic of Russia) alone and went into effect
on 1 June 192. (1) It was also put into effect in the Byelorussian
and Central Asian republics. It was followed by a similar code for the
Ukraine, Georgia, and Azerbaijan.
Thereafter the Union of Soviet Socialist Republics (USSR) was formed
in 1923, and its constitution of 1924 reserved to the federal authorities
the enactment of federal basic principles of criminal legislation. Such
basic principles were enacted on 3 October 192+ and contained 39 sections
(2), but covered only the so-called General Part, i.e., general principles
of the imposition of punishment without definitions of specific crimes
(Special Part), According to these principles (Section 3) the treatment
of crimes against the state and military crimes was especially reserved
to federal jurisdictions Such an act on offenses against the state was
enacted in October 1923. (3) This act was amended on 25 February 1927.
(14.) On 31 December 1921+, a federal Statute on Military Crimes, and on
27 February 1927 a new federal Statute on Crimes Against the State were
enacted. (5)
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The codes of individual republics were revised and adjusted to the
new federal legislation and a totally new RSFSR Code was enacted on
22 November 1926 and went into effect on I January 1927. (6)
The federal Statute on Crimes Against the State was incorporated in
the new RSFSR Code as Sections 58.1 - 58.14 and59;.1 : 59.13, together
with the 1927 amendment of the General Part on 6 June 1927. (7) The
Statute on Military Crimes was inserted after Section 193 as Sections
193.1 - 193.31.
The RSFSR Code was followed by several other codes. (8) The codes
to be found. in the other fourteen Soviet republics either repeat the RSFSR
Code word for word or deviate from it only in minor details.
Later, criminal legislation was enacted almost exclusively by the
federal authorities. In some instances, the new federal criminal laws
instructed the authorities to amend their codes correspondingly, and In
others new penalties and new crimes were established not fitting the system
of the criminal codes and occasionally leaving in doubt whether new pro-
visions should apply side by side with the codes or repeal their pro...
visions. The instruction to amend the codes sometimes was followed; some-
times it was not. Consequently, even the criminal law as applied by the
courts is not confined to the criminal codes which are wrapped in numerous
scattered and uncoordinated laws and decrees,
In general, the criminal law applied by the Soviet courts is essen-
tially a uniform federal law, although it is contained in codes of indi
vidual republics and separate federal statutes. The 1936 federal Consti-
tution, which is still in force, reserved criminal legislation to the
federal jurisdiction, but no federal criminal code or code of criminal
procedure has been enacted thus far. The Constitution was amended in 1957
and the old rule reserving to the federal jurisdiction the enactment of
basic principles of criminal law and leaving enactment of codes to the
republics, was restored. (9)
For all these reasons, in this and other chapters, only the RSFSR
Criminal Code is quoted, but the provisions therein statedrepresent union-
wide legislation. Whenever a penal clause was not included in the code,
the particular statute is cited.
Chapter III. Soviet Criminal Law Applied by the Courts
A. Penal Theory Underlying the Criminal Code
The Criminal Code of 1922 was enacted after the inception of the
New Economic Policy, which implied a number of concessions to private
initiative in economy and return to traditional legal precepts.
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Nevertheless, the criminal codes have shown a continuity of policy respect-
ing crimes initiated under Militant Communism. Kursky, then Commissar
for Justice, stated at that time that "the Criminal Code represents a
so-to-speak crystallized concept of the law of agencies engaged in render-
ing justice in the Soviet Republica" (10) Stuchka defined the Code of
1922 as "a codification of revolutionary practices consolidated on a theo-
retic basis," (11)
This theoretic basis was to be derived from Marxian philosophy.
But except for "the class concept of justice" and a deterministic approach
to the problem of human behavior, Marxism did not offer a sufficient theo-
retic basis for a new criminal law. In spite of numerous attempts the
Soviet jurists have thus far failed to arrive at a unanimously accepted
"consistent Marxian" penal theory. Again, the Soviet rulers did not in-
tend, in the words of Krylenko, to have "their own bands bound" (12), by
codification of criminal law, i.e., the criminal code had to leave broad
room for arbitrary imposition of punishment. Therefore, the compilers
of the Criminal Code of 1922, and especially of the Code of 1926, derived
their theories not from Marxism but in fact from criminological writings
which appeared in their eyes the most radical rupture with the traditional
criminal law. The teachings of Enrico Ferri, the most outstanding repre-
sentative of the so-called Italian sociological or positivistic school in
criminology, exercised a definite influence upon the Code of 1922 and
especially upon that of 1926. (13) At least the basic terminology was
borrowed by the soviets from that source (see infra).
The positivistic trend in penology sought to detach the treatment,
of crime and punishment from any ethical basis, Delinquency, for posi-',
tivists, is primarily a social phenomenon to be studied as a product of
circumstances, social and physical, and not as a wrong or guilt.. Enrico
Ferri placed particular emphasis on social danger as the main element of
crime. He defined crime as.
An act determined by antisocial motives which offend
the conditions of existence of a society at a given
time and in a given place. (14)
In the fourth edition of his Sociologia Criminale, Ferri quoted approvingly
the following definition from Colajani's Sociologia Criminate, Vol I, 64:
Punishable acts (delicts) are those acts which, being
determined by individual and antisocial motives, disturb
the conditions of existence and shock the average morality
of a given people at a given moment. (15)
Thus Ferri advocated "protective measures' or measures of social defense
to be substituted for punishment.
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In his draft of an Italian Criminal Code, Ferri called these
measures sanctions, All the new codes adopted in Europe between the two
world wars paid tribute to Ferri's teaching, but none of them adopted it
as an exclusive basis of criminal legislation. This is true for the Pol-
ish Code of 1932 (Sections 60, 70-79) and the Yugoslavian Code of 1929
(Sections 76, 52-54). (16) Even in Italy, Fe'rri's draft of 1921 had to
give place to that of Rocco in 1930. They all selected a halfway course:
besides the punishments imposed by evaluation of the guilt, they intro-
duced "preventive measures," i.e., special restrictions imposed upon pro-
fessional and habitual criminals; educational treatment of juvenile of-
fenders; and confinement of mentally defective perpetrators in an appro-
priate medical institution.
B, Guilt Versus Social Danger Under Soviet Law
In the light of the theory of punishment as a protective measure,
personal guilt in a given case is supplanted by the idea of protection
of society. A social danger may be presented in the uc{: of a person who
is not capable of controlling himself (e.g.) a lunatic),'or a responsible
person may commit through force of circumstances an act which is dangerous,
though he himself is a good citizen, Likewise, a person may be dangerous
although there is no evidence of his participation in a given crime (e.g.,
a notorious criminal who has never been caught, a criminal with a record,
a maniac). If a measure is really a protective one, it should be applied
against any dangerous person, no matter whether responsible, guilty, active,
or not.
Without totally accepting the concept of crime as a social danger,
the framers of the Soviet codes have couched their provisions justifying
highly arbitrary imposition of punishment in terms borrowed from this
doctrine. The idea of protection of the whole of society as the objective
of criminal law has been transformed by the Soviet penologists into the
protection of the ruling class and the Soviet regime as the prime objective
of Soviet criminal law.
Section 6. Any act of commission or omission shall be
considered socially dangerous if it is directed against
the Soviet regime or violates the legal order estab-
lished by the workers' and peasants' government for the
period of transition to a communist regime.
Note: An act shall not be Considered a crime if, al-
though formally showing the elements of crime set forth
in a section of the Special Part of the present Code,
it is nevertheless devoid of socially dangerous character
because of its insignificance and the absence of harmful
consequences.
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Social danger is conceived by Soviet textbooks on criminal law
as danger to the interest of the ruling class, "Crime is an act of com-
mission or omission dangerous for the interest of the ruling class." (17)
In the Code of 1922, socially dangerous acts were not identified
with crimes but constituted an additional category. The purpose of the
Soviet criminal law was there set forth as "legal protection of the State
of toilers from crimes and socially dangerous acts"
(Section T), But
the federal Basic Princip elel of 192+ and the RSFSR Code of 1926 (both
still in force) sought to abandon the term, "crime," completely and ap-
parently identified crimes with socially dangerous acts. Section 1 of
the Code of 1926 reads:
Section 1. The aim of the Soviet penal legislation shall
be to protect the socialist State of the workers and peas-
ants and the legal order therein established from socially
dangerous acts (crimes) by applying to the person who com-
mits them measures of social defense specified in the
present code.
In the rest of the 1926 Code the term "socially dangerous act" was used
originally instead of crime or offense. Likewise, the 1922 Code purported
to apply to the perpetrators "punishments or other measures of social
defense," while in the Basic Principles of 1992+ and in the 1926 Codes,
measures of social defense alone are mentioned.
But this reform did not go beyond terminology, which again in
the long run was abandoned.
Thus it follows from Section 1 that the Code of 1926 identifies
crimes with socially dangerous acts and applies to them "measures of
social defense." But these measures are divided into two categories:.,
(a) measures of medical or medico-educational nature, on the one hand,
and (b) measures of a judicial correctional nature.
The enumeration of measures of a judicial correctional nature
given in Section 20 of the code leaves no doubt that penalties are meant
by this term. Thus this term covers: the supreme measure -- death penalty
(Section 21, Note), various kinds of confinement, exile, forced residence,
fine, confiscation of property, forced labor without confinement and de-
privation of rights (Section 20). As to the prerequisites of their ap-
plication, the provisions are somewhat ambiguous and inconsistent. Oni
the one hand, all kinds of measures of social defense, including penalties,
may apply under Section 7, not only to persons "who have committed socially
dangerous acts," i.e., crimes, but also to those "who represent a danger
in view of their connections with criminal elements or in view of their
past activities."
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On the other hand, Section 10 sets specific conditions for the application
of "measures of social defense of a Judicially correctional nature," and
it is clearly stated that these measures -- penalties -- may be imposed
only for an act committed intentionally or by negligence, i.e., upon per-
sons guilty of an offense..,.
Again, according to Section 11, these measures may not apply to
.those non compos mentis. The inconsistency of the new terminology was
well pointed out by a Soviet writer in 19270
The result of the "abolition of punishment" [in the Soviet
law] was merely a very radical reform in terminology, but
it did not affect the substance of repression, We abol
fished punishment, but there is a crime,. There is a crime,
but guilt is abolished. Guilt is abolished, but we recog-
nize criminal intent and negligence o o which makes no
sense whatsoever, unless we accept in advance the idea of
guilt. (18)
There were also other Soviet penologists who tried to go`further
than use new terminology. They sought to open a new path in treatment of
crime and punishment. The most prominent among them was Krylenko, famous
prosecutor in early trials, the predecessor of Vyshinski. In his refor-
matory zeal before his fall in 1936, he disavowed some of his previous
views as erroneous. Therefore, it is rather difficult to state what his
real views were. In any event at one time he, like many other Soviet
penologists, advocated the elimination of the principle of personal guilt
as a basis for the imposition of punishment, and the substitution of a
concept of social danger for it. But in. 1935, he considered this an error.,
He then suggested the compilation of a new criminal code which would pro-
vide for two different types of retribution for crime, viz., measures of
repression for class enemies and educational measures for workers. He
later scorned this view also. Finally, he advocated a criminal code which
should state only general principles for the imposition of punishment,
without giving any legal definition of individual crimes, i.e., without
indicating in the statute the factual elements constituting an individual
crime, e.g,, robbery, larcency, etc. He was also against a definitely
settled scale of punishment corresponding to the gravity of the crime
committed. (19) Krylenko disappeared from the stage in 1936 and all his
reform plans were condemned as deviations from Marxism.
By 1935, the view quoted above that there is crime and punish-
ment under the Soviet law, although they are called by different names,
was accepted by the most ardent advocates of the new names.
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In 1937, the whole earlier trend was condemned as a subversive
misinterpretation of Soviet law and Marxism, Thus traditional terminology
was restored. In 1938, even the term "orison" (tiur'ma), and in 19+3 the
term "penal servitude" (hard labor, Ka a), appeared in Soviet law.
The recently enacted penal laws, beginning with the Act of 8 May
193+ on treason (20), used the terms "crime" and "punishment."
The incorporation of some of these laws into the Criminal Code
deprived it of any terminological consistency. The terms, "socially
dangerous acts" and "measures of social defense of a judicial correctional
character," being synonymous with crime and punishment, are interchangeably
used in the code in its present text.
In recent theoretic discussion, any treatment of crime and punish-
ment after the fashion of the "positivistic" school is condemned, A crime
is treated also as a wrong and punishment, likewise, as an "expression
of the condemnation of the culprit by the State' and not merely a measure
of reform and social protection. (21)
C. Punishment of Innocent Persons Under Soviet Law
Although, in general, guilt is required for imposition of pun-
ishment, there are instances under the Soviet criminal codes in which an
innocent person may be legally penalized in court. Moreover, administra-
tive authorities may subject individuals, deemed by them socially danger-
ous, to punishment. Thus, under Section 103 of the Federal Code of Polit-
ical Crimes (Section 58.1-c of the RSFSR Criminal Code) enacted on 8 June
1934, if a man in military service takes flight abroad by air or other-
wise, in peace as well as in wartime, the adult members of his family who
had knowledge of his plans are subject to imprisonment for 5 to 10 years,
plus confiscation of property, but those who had no such knowledge, though
living with him or dependent upon him'are subject to exile to remote
localities of Siberia for 5 years. Commenting on these provisions, some
Soviet professors of criminal law went so far as to justify both guilt by
association and collective responsibility.... (22)
D. Significance of the Doctrine of Social Danger in Soviet Taw
1. In Court
Although, in general, the social danger of an act committed
was not substituted for guilt as a reason for punishment, such danger is
an important consideration in the imposition and selection of penalty.
The code nowhere states that the penalty must be commensurate with the
guilt. In the general instructions to the courts regarding punishment
(Section 45) the code emphasizes the necessity of considering "the social
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danger of the crime committed." Likewise, in dealing with partnership
in crime (Section 18), the code directs the judge to reckon not with the
degree of individual guilt but with the degree of danger of the crime
and the person who committed it." Social danger is also stressed in
connection with aggravating circumstances, as it follows from Paragraph
1 of Section 47.,0
The attention of the reader may be also drawn to Clauses a
and b of Section 47, It is also striking that a person may be exempt
.from penalty for a crime committed if his act lost the character of social
danger, as it follows from the provisions contained in Section-8....
It may also be recalled that under the Note to Section 6
quoted above, an act which. has the indicia of a crime specified in the
code shall not be considered a crime if " t is, nevertheless, devoid of
socially dangerous character."
Finally, banishment from the confines of the RSFSR or from
certain localities with or without forced residence in a certain place
or prohibition of residence in certain localities may be applied by a
court to "convicts whose residence in a given locality is deemed by the
court to be socially dangerous" (Section 31). All. these references to
social danger as an important element of crime confuse the issue of guilt
in imposing penalties without consistently substituting such danger for
consideration of guilt.
2. Prosecution of "Socially Dangerous" Persons by
Administrative Action
As is shown elsewher.e,''the powers of the police were legally defined for
the'first time in 1934 when the OGPU was transformed into the People's
The concept of social danger as a complete substitute for
guilt was.used in connection with the powers granted to the secret police.
abbreviations), The statutes then enacted still remain on the statute
;books. One statute, of 10 July 1934 (23), formulated the general power
of this Commissariat "to apply by administrative action, exile from certain
localities, exile with forced residence in a locality, confinement in a
camp of correctional labor up to 5 years, and deportation abroad" (Sec-
tion 8).
Commissariat for the Interior (NKVD and Narkomvnudel being the Russia
But another statute, of 5 November 1934, (24), issued in the
development of the above, stated that these measures may be applied "to
the persons deemed socially dangerous." Thus a person does not have to
be guilty of a particular offense to be subject to these penalties. The
only procedural rule in application of exile or confinement in a camp of
correctional labor is to be found in Section 4, viz., that "the reasons
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for application of this measure must be stated and the region and period
of exile as well as the period of time of confinement in a camp must be
indicated." The powers of the Commissariat, later inherited by the Min-
istry of the Interior (MVD), are formulated as follows:
1. The USSR People's Commssariat for the Interior
shall be granted the right to apply the following measures
to persons who are deemed socially dangerous:
(a) Exile for a period up to 5 years to places,
the list of which shall be established by the USSR
People's Commissariat for the Interior, where persons
are under open surveilance;
(b) Expulsion for a period up to 5 years in
places under open smvfAlance and prohibition to reside
in capitals, large cities, and industrial centers of
the USSR;
(c) Confinement in camps of correctional labor
for a period of up to 5 years;
(d) Expulsion from the confines of the USSR of
alien subjects who are socially dangerous. (25)
But this power to exile or to confine socially dangerous
persons was definitely denied to the courts in a ruling of the USSR Supreme
Court issued on 12 duly 19460 (26) It is stated there that "the possi-
bility of application by the court of a penalty to a person not declared
guilty of the commission of one or another crime is excluded."...
E. Crime by Analogy
Following the legislative technique of the modern European crimi-
nal code, the Soviet codes consist of two parts: The General Part, laying
down the general principles of crime and punishment, and a Special Part
(Section 58 and following of the RSFSR Criminal Code), where in individual
sections the constituent elements of particular crimes and their punish-
ments are specified. But here the resemblance to non-Soviet codes ends.
In these, the specific provisions on individual crimes form the real
condition for imposition of punishment, The General Part, as a rule,
contains a formal definition of crime as an act prohibited under penalty
by statute at the time when committed. This principle is expressed by
the Latin maxim, tul lum crimen, nulla poena, sine leg., i.e., an act is
not a crime unless it bears the indicia of a crime specified by the statute.
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This maxim precludes the application of punishment to an act lacking the
description of crime given by the statute. It prohibits such application
where the act merely resembles a statutory definition. In other words,
it precludes the application of penal clauses by analogy,
The principle nullum crimen sine le a evolved from the liberal
movement in the criminal law of the 18th Century. The principle called
for a strict construction of penal statutes. a penal clause could be
applied only to an act exactly fitting the clause. The idea of protecting
the citizen from arbitrary prosecution prohibited the imposition of penalty
for an act not specified in advance by statute.
As was mentioned, the RSFSR Criminal Code gives a substantive
definition of a crime not as an act forbidden by the statute, but as
"any act of commission or omission directed against the Soviet regime or
violating the legal order 'established by the Soviet government" (Sections
1,6).
Thus may.. happen . that an, act . comes.. within, this definition
but is not5nevertheless, specified as a crime in the Special Part of the
code among the particular crimes. In such instances the Soviet codes
instruct the courts to resort to analogy [Section 16 of the RSFSR Crimi-
nal Code], in defiance of the maxim nullum crimen sine lege, for appli-
cation Of penalty by virtue of mere resemblance of the act committed to
the statutory definition,,..
Thus, under the Soviet codes, an individual maybe legally puni-
shed in court for an act which is not characterized as crime by the code
and, vice versa, may not be punished for an act directly specified as a
crime in the code.
In addition to this general invitation to arbitrariness, a more
definite, invitation is offered by the provisions relating to individual
crimes.,,.
In connection with the preparation of a new code, the Soviet
Jurists discuss vigorously the problem of whether or not the analogy of
crime should be retained in the new code. (27) It may be noted that if
the definitions of individual crimes are loose and broad and if there
are in addition group definitions... the analogy of crime may be dropped
without making the code more liberal and still leaving great leeway for
arbitrary imposition of punishment, Prohibiton of application of criminal
provisions by analogy protects the citizen only if it is connected with
strict definitions of individual crimes.
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Chapter II
1. RSFSR Laws 1922, Text 153
2. USSR Laws 1924, Text 205
3. RSFSR Laws 1923, Text 782
i USSR Laws 1927, Text 123
5= Ibidemo
6. RSFSR Laws 1926, Text 600
7. RSFSR Laws 1927, Text 330
8, Ukrainian Code of 21 June 1927, in force since 1 July,
Ukrainian Laws 1927, Text 132
Byelorussian Code of 23 November 1928, in force since
15 November, Byelorussian Laws 1928, Texts 287, 288
Uzbek Code of 16 June 1926
Tadjik, Georgian, Armenian, Turcoman and Azerbaijan Codes
were enacted in 1928
The RSFSR Code was put into effect in the Baltic
Republics, Estonia, Latvia, and Lithuania on
6 November 1940
9,
Izvestiia, 10 Feb 1957; Vedomosti, 1957, Text 63
Chapter III
10, Speech at the May 1922 Session of the Central
Executive Committee, Osnovnye Nachala
Sovetskogo Prava (Fundamentals of the Soviet Law),
Magerovskii, Edo , 2d ed,a, 1929, P 545
11. Stuchka, Kurs Sovetskogo Grazhdansko o Prava
(Course in Civil Law), 1927, Vol 1, p 85
12, Krylenko, "Proekt Ugolovn Lq Kodeksa R~SOF.SOR,"
("On the Draft of a New Criminal Cod ,
Sovetskoe Gosudarstvo i Pravo, 1935, No 1/2, p 86
Estrin, Sovetskoe U olovnoe Pravo Chast' Obshchaia
(Soviet Criminal Law. General Part), 1935) p. 114
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13. Piontkovskii, Marksizm i Ugolovnoe Pravo (Marxism and
Criminal Law)-,7d-
2d ed 1929
14. Ferri, E,, La Justice Penale (Penal Justice), 1898, p 11
Ferri, E,, Sociologia Criminale (Criminal Sociology)
(English translation Boston, 1917, pp 336, 337
15, Ferri, Sociologia Criminale (Criminal Sociology) opocito 81
16, Cfo, Gsovski, New Codes in the New Slavic Countries,
Washington, D. C., 19
17, Men'shagin, Edo, U olovtoz Pravo Obshchaia Chast'
'(Criminal Law, General Part th edo, 19 , P 2Z9-
18. "Printsipy Postroeniia Ugolovnoi Repressii v Proletarskom
Gosudarstve" (Principles of Construction of Penal
Repression in the Proletarian State) in Revoliutsiia Prava
(Revolution of Law), 1927, No 2, p 92
19, For early Krylenko views, see N. V. Krylenko, Tri Proekta
Refor U olovno o K d s o Tezisy Dokiada
Three Drafts of the Criminal Code. Thesis of the
Report), 1931, passim
See also., Proekt Novogo Ugolovnogo Kodeksa RSFSR
Instituta Prava i Sovetsko o Stroitel'stva
Kommunisticlaeskoi Akademii Draft of s- New RSFSR
Criminal Code, prepared by the Subsection: of
Criminal Law of the Institute of Law and Soviet
Reconstruction of the Communist Academy, Introduction
by Krylenko), 1930, passim
For Krylenko's own criticism of his views, see.,
"The Draft of a Criminal Code of the USSR"
Sovetskoe Gosudarstvo i Pravo (Soviet State and Law)
No 1/2,93, passim; and
"Proiekt Ugolovnogo Kodeksa" (The Draft of a Criminal
Code), 1934, Sovetskaia Iustitsiia, No 11, 9 passim
See also, Hazard, Jc, "Reforming Soviet Criminal Law,"
Journal of Criminal Law (1938), Vol 29, P 159
20, USSR Laws 1934.1 Text 255
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21. Estrin, "0 Vine i Ugolovnoi Otvetstvennosti v Sovetskom Prave"
(On Guilt and Criminal Responsibility in the Soviet Law)
in Sovetskoe Gosudarstvo i Pravo (Soviet State and Law)
1935, No 1/2, p 112: Criminal Law, General Part, Goliakov,
Ed., 1943, p 64, 218 et seq.
22. Estrin, op. cit., p 115
23. USSR Laws 1934, Text 282
24. USSR Laws 1935, Text 81+
25. Lex. cit.
See also: Part II, Administration of Justice, Chapter VIII
26. Ugolovnyi.Kodeks RSFSR (RSFSR Criminal Code)
as in force 15 January 1956 (1956), p 137 ff
27. Steingardt' Institut Analo ii v Sovetskom Ugolovnom Prave,
(Analogy in the Soviet Criminal Law), 1955, passim]
Professors Piontkovskii, Strogovich, Romashkin,
Iakimenko, and Chervenko's articles in Izvestiia,
27 June, 2 July, 17 July 1957;
New York Times, 29 August 1957
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II, LFGISIATION
[Comment. The following legislation pertinent to various provisions
of the RSFSR Criminal Code, 1956 edition, was issued after its date of
publication.] .
On Applying the Ukase of the Presidium Supreme Soviet USSR of 17 September
1955, 0n AmneStvina W,I-T
aa~ .-awvd-muect wicn tine OCcup in
Powers During the Great Patriotic War of 19 11
9 5, to Servicemen. of
the Soviet Army and Fleet Who Surrendered to the Enemy During the Patr1
.tic War Decree of-the Presidium, Supreme Soviet USSR of 20 September
195
In connection with inquiries received concerning application of the
ukase of the Presidium, Supreme Soviet USSR of 17 September 1955, "On
Amnestying Soviet Citizens. Who Collaborated With the Occupying Powers
During the Great Patriotic War of 1941-1945,".to former servicemen of
the Soviet army and fleet who surrendered to the enemy during the Patri-
otic War, the Presidium, Supreme Soviet USSR explains that the ukase of
17 September 1955 also applies to former servicemen of the Soviet army
and fleet who were sentenced for surrendering to the enemy under Sections
58-16 and 193-22 of the RSFSR Criminal Code and under corresponding sec-
tions of other union-republic criminal codes. Accordingly, the indicated
persons are subject to being freed from further service of punishment;
their criminal records shall be expunged and the rights of which they were
deprived shall be restored. The criminal records of persons sentenced
for these crimes who have served out their punishment or been released
before completing their sentences shall also be expunged and the rights
of which they were deprived shall be restored.
All cases currently under investigation and all cases not yet tried
by the courts that relate to persons prosecuted for surrending to the
enemy during the Great Patriotic War are subject to dismissal. (Vedomosti
Verkhovnogo Soveta SSSR 1956, Law No 411)
On Amnestying d'a anese Citizens Convicted in the Soviet Union (Ukase of
the Presidium, Supreme Soviet USSR of 13 December 195
In connection with the end of the state of war, and with the estab-
lishment of peaceful relations between the USSR and Japan, being guided
by humanitarian principles the Presidium, Supreme Soviet USSR decrees.-
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1, All convicted Japanese citizens shall be liberated from places
of confinement.
2, All Japanese citizens liberated from places of confinement shall
be permitted to return home. (Vedomosti Verkhovnogo Soveta SSR 1956,
Law No 528)
g
on
Jurisdic
Law on Placing Under Union-Republic
Organization of Union-ES public Courts and on the Adoption of Civil
Criminal and Procedural Codes Law of 11 February 1957
1. Legislation on the organization of union-republic courts and
jurisprudence, as well as on adopting civil and criminal codes, shall be
placed under the jurisdiction of the union republics, reserving to the
jurisdiction of the USSR establishment of fundamentals of legislation on
the judicial system and jurisprudence, and fundamentals of civil and
criminal legislation.
2. In accordance with Section 1 of this law, Clause u, Section 14+
of the USSR Constitution shall read as follows,
"u0 establishment of fundamentals of legislation on the judicial
system and jurisprudence, and fundamentals of civil and criminal legisla-
tion." (Vedomosti Verkhovnogo Soveta SSSR 1957, Law No 63)
Law on the Abolition of Trans ort Courts (Law of 12 February 1957)
In view of the significant decline in the number of crimes violative
of normal railway and water transport operations, cases involving which
are under the jurisdiction of transport courts, and with the aim of broad-
ening the rights of union-republic judicial organs, the Supreme Soviet
USSR decrees,
1. Line and okrug railway and water transport courts shall be abol-
ished.
2. Union-republic judicial organs shall have jurisdiction over all
cases presently under the jurisdiction of transport courts, and these
cases shall be tried by people's courts, oblast courts, kray courts, and
union- and autonomous-republic supreme courts on a basis analogous to their
established jurisdictions.
3, The Supreme Court USSR shall submit for consideration to the
Presidium, Supreme Soviet USSR,a list of legislative acts which are no
longer in force by virtue of the passage of this law, (Vec,o mosti `11.
Verkhovnogo Soveta SSR 195) Law No 86)
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islation on the
Le
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[Legislative acts no longer in force by virtue of the passage of
the law abolishing transport courts (above) are listed in Vedomosti
Verkhovnogo Soveta SSSR 1957, Law No 27.01
On Amending and Supplementing the Statute on Militar Crimes (Ukase of
the Pr
id
S
es
iump,
upreme Soviet USSR of 15 February 1957
The Presidium, Supreme Soviet USSR decrees:
1. Sections 7, 8, 10, 20
21
and 22 of the St
t
t
,
,
a
u
e on Military
Crimes of 27 July 1957 (USSR Laws 1927, Law No 505) shall be amended to
read as follows:
"7a ad Desertion, that is, leaving a military unit or place
of service for the purpose of evading performance of military duties, or
failure to report, for the same purpose, to the unit or place of service
upon assignment or transfer, return from an official mission, leave, or
a medical establishment, if committed by any private or noncommissioned
officer on regular-term service (srochnaya sluzhba), shall be punished by,
punished by:
"Confinement for a period of from 3 to 5 years.
"bo The same act, if committed in time of war, shall be
The supreme measure of punishment. death by shooting;
or, if there are extenuating circumstances, by confine-
ment for a period of not less than 5 years,
"c. Desertion, if committed by any commissioned officer ow
by any serviceman on extra term service (sverkhsrochnaya sluzhba), shall
be punished by.
Punished by:
',Confinement for a period of from 5 to 7 years#
"d. The same act, if committed in time of war, shall be
"The supreme measure of punishment death by shooting;
or, if there are extenuating circumstances, by confine-
ment for a period of not less than 7 years
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"8, a, The unauthorized leaving of a unit by any private or
non-commissioned officer on regular-term service, or failure to report
on time without good reason at the unit.or place of service upon discharge
from the unit, assignment or transfer, return from an official mission,
leave, or a medical establishment -- if the unauthorized absence lasts
for more than three 24-hour periods -- shall be punished by:
"Confinement for a period of from one to 5 years.
"b. The same act, if committed in time of war, shall be
punished by:
"Confinement for a period of not less than 5 years.
"co Unauthorized leaving of a unit or place of service by
any commissioned officer or a serviceman on extra-term service, or his.
failure to report to the unit or place of service without good reason --
if the unauthorized absence lasts for more than ten 24-hour periods shall be punished bye
"Confinement for a period of from one to 5 years.
"d. The same act, if committed in time of war, and if the
absence lasts for more than 24 hours, shall be punished by:
"Confinement for a period of not less than 5 years!'
"loo a. Absence without leave from a unit or place of service
committed by any serviceman on regular-term service, or his failure to
report on time without good reason upon discharge from a unit, assignment
or transfer, return from an official mission, leave, or a medical estab-
lishment -- if the unauthorized absence lasts longer than one 24-hour
period but not longer than three 24-hour periods, or if it lasts less than
one 24-hour period but has been committed more than once in the course of
a period of 3 months +- shall be punished by,.
"Assignment to a disciplinary battalion for a period
of from 3 months to 2 years.
punished by.
"b0 The same act, if committed in time of war, shall be
"Confinement for a period of not less than 2 years.
'`Commission of the act specified in Clause a of this section
by any serviceman serving in a disciplinary battalion shall be punished
by:
"Confinement for a period not exceeding 3 years."
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"20, Any commander who surrenders to the enemy the military
forces entrusted to him, or who abandons to the enemy, destroys, or renders
unserviceable any fortress, warship, flying machine, artillery, military
depot, or other means for waging war, and any commander who fails to take
the proper measures to destroy or render unserviceable any of the pre-
viously enumerated means of waging war, if they are in immediate danger
of capture by the enemy and all means for saving it have been tried
provided that none of the acts specified in this section is committed-
,for the purpose of aiding the enemy, albeit in contravention of military
regulations -- shall be punished by.
"Confinement for a period of not less than 3 years; or,
if there are aggravating circumstances, by the supreme
measure of punishment: death by shooting.
"21. Any unauthorized deviation by arrcommanding officer from
the battle orders given him provided that the act is not committed for
the purpose of aiding the enemy, albeit in contravention of military regu-
lations, shall be punished by.
"Confinement for a period of not less than 3 years; or,
if there are especially aggravating circumstances, by
the supreme measure of punishment: death by shooting.
"22. Unauthorized departure from the battlefield during combat
or refusal to use one's weapons in combat shall be punished by-.
"The supreme measure of punishment: death by shooting."
2. Sections 3-1, 11-1, 14-2, 14-3, 15-1, 22-1, 22-2, and 32 shall
be added to the Statute on Military Crimes and shall read as follows:
"3-1. a,. Any threat to kill, cause bodily injury to, or beat a
commanding officer in connection with the performance of his official
duties, shall be punished by.
Punished by:
"Confinement for a period of from one to 3 years,,"
Alb; The same act, if committed in time of war, shall be
"Confinement for a period of not less than 3 years.&
")) ] Any violation of regulations governing the driving or
use of combat or transport vehicles which results in an accident involv-
ing persons or in any other serious consequence, shall be punished by:
"Confinement for a period of from 3 to 10 years,'/
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"14-2, Any violation of the regulations governing aerial
flight or preparation therefor which results in a wreck or in any other
serious consequence, shall be punished by:
"Confinement for a period of from 3 to 10 years.
"11+-3. Any violation of the regulations governing ship navi-
gation which results in the loss of or any serious damage to a vessel,
in loss of human life, or in any other serious consequence, shall be
punished by:
"Confinement for a period of from 3 to 10 years./V
"15-1. a. Any violation of the regulations governing border
service committed by any member of any detail protecting the state borders
of the USSR, shall be punished by:
"Confinement for a period of from one to 3 years.
"b0 If the same act results in serious consequences, it
shall be punished by:
"Confinement for a period of not less than 3 years.
" c. Commission of the act specified in Clause a of this
section, if attended by extenuating circumstances, shall be punished by
disciplinary action,
"15-2,' a. Any failure to execute the regulations governing the
performance of service in radio-technical posts, in duty subunits (dezhur-
noye podrazdeleniye), or in any other installation intended to prevent
violation of the air or sea space of the USSR, shall be punished by:
"Confinement for a period of from one'to 3 years.
"b. If the same act results in serious consequences or
is committed in time of war, it shall be punished by,
"Confinement for a period of not less than 3 years.
"c. Commission of the act specified in Clause a of this
section, if attended by extenuating circumstances, shall be punished by
disciplinary action.'
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"22-1, Voluntary surrender to the enemy through cowardice or
faintheartedness shall be punished by:
"The supreme measure of punishment: death by shooting;
or, if there are extenuating circumstances, by confine-
ment for a period of from 7 to 10 years.
"22-2, Voluntary participation by any serviceman while a prisoner
of war in:any work of military importance or in any other activity that
he.knows might be harmful to the Soviet Union or to its allies -- if ele-
ments of treason are not involved -- shall be punished by:
"Confinement for a period of from 3 to 10 years.
"b. The commission of any act-of violence upon any other
prisoner of war, or the infliction of cruel. treatment on any such person,
if committed by any prisoner of war who is of senior status with regard
to the other prisoner of war, shall be punished by:
"Confinement for a period of from 3 to 10 years.
"c, Any act committed by
a of war that is directed to the detriment of the rights and while e
legitimate in-
terests of any other prisoner of war of any nationality -- if the com-
mission of such an act proceeds from mercenary motives or has the purpose
of securing lenient treatment for himself from the enemy -- shall be pun-
ished' by:
"Confinement for a period of from one to 3 yearsaP
"32. When any serviceman is sentenced in time of war to con-
finement without deprivation of rights in accordance with Section 19-2
of the 'Basic Principles of Criminal Legislation of the USSR and of the
Union Republics,' execution of his sentence may be postponed by the court
which pronounced the sentence, until the termination of military operations,
the serviceman being assigned to a punishment unit
"If any such serviceman proves himself a staunch de-
fender of the USSR,'the court may decide -- pursuant to the request of
the appropriate military command -- to remit or commute to a less severe
measure the punishment previously imposed."
3. Sectionsll and 24 shall be stricken from the Statute on Military
Crimes.
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4, Confiscation of property, as provided for in Sections 2, 9, 10-1,
12, 25, 27, and 28 of the Statute on Military Crimes, shall cease to be
applied as a measure of criminal punishment.
5. The presidiums of supreme soviets of union republics shall insert
in union-republic criminal
ukase. the
prescribed by this
1957, Law No 100)
On the Manner of Applying the Ukase of the Presidium of the Supreme
Soviet U SR of 15 February 1957,___70n Amending the Statute on Militate
March 1957)
f 2
9
Crimes" Decree of the Presidium, Supreme Soviet USSR o
Considering that, in accordance with Section 3 of the "Fundamentals
of Criminal Jurisprudence of the USSR and the Union Republic"On s,"A the ukase
of the Presidium, Supreme Soviet USSR of 15 February 1957
and Supplementing the Statute on Military Crimes," is retroactive as re-
gards the remission or mitigation of criminal punishments, the Presidium,
Supreme Soviet USSR decrees:
1. Questions connected with the application of Sections 7, 8, and
10 of the version of the statute established by the ukase of the Presidium,
Supreme Soviet USSR of 15 February 1957, "On Amending and Supplementing
the Statute on Military Crimes," to cases which arose prior to the issuance
of the ukase, shall be reviewed as follows.
ao By the appropriate investigative or judicial organ -- as
regards persons whose cases are being processed by an investigative or
judicial organ;
b. By the headquarters of disciplinary battalions and military
prosecutors -- as regards persons who are serving sentences in disciplinary
battalions.
c. By administrations (administratsiya) of places of confine-
ment -- as regards privates and sergeants on regular-term service who
have been sentenced for desertion to more than 5 years (and have served
5 years) of confinement in accordance with Clause d of Section 193-7, and
Clause a of Section 193-10 of the RSFSR Criminal Code and corresponding
sections of other union-republic criminal codes. These persons shall be
subject to immediate release from the place of confinement.
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do By the nearest military tribunal, in accordance with the
provisions of Sections 461 and 462 of the RSFSR Criminal Procedural Code
(and of corresponding sections of other union-republic criminal procedural
codes), upon the recommendation of the.administration of the place of
confinement, with the concurrence of a prosecutor -- as regards all other
persons who are serving sentences in places of confinement for the afore-
mentioned crimes. In this connection, persons sentenced in accordance
with Clause d of Section 193-7 of the RSFSR Criminal Code (and with cor-
responding sections of the criminal codes of other union republics) for
leaving their units without authorization (failure to report on time for
duty without good reason), for a period of from one to three 24-hour
periods, provided that these crimes were not committed for the purpose of
evading military service, shall be released from places of confinement;
their criminal records shall be expunged, and they shall be placed at the
disposition of rayon military commissariats at their respective places
of residence. The indicated questions, including that of fixing separate
punishments in cases in which sentencing for a combination of crimes is
involved, shall be decided on the basis of the documents contained in
the dossier of the imprisoned person, including, if necessary, his crimi-
nal case-filed
20 Questions connected with the application of the ukase of 15 Feb-
ruary 1957 to persons serving sentences in places of confinement for crimes
covered by Sections 14-1, 14-2, and 14-3 of the Statute on Military Crimes
(including the question of relieving of punishment persons who have served
10 years), shall be decided by the nearest military tribunal in accordance
with the provisions of Sections 461 and 462 of the RSFSR Criminal Pro-
cedural Code (and with corresponding sections of other union-republic
criminal procedural codes). These questions shall not be decided without
consulting appropriate judicial case-files.
3. Be it understood that Section 4 of the ukase of 15 February 1957
shall apply both to cases tried by military tribunals after it was issued
and to those that were tried by the courts prior to its issuance, provided
that the part of the sentence which prescribes confiscation of property
has not been executed." (Vedonosti Verkhovnogo Soveta SSSR 1
No 221) 95?, Law
[Comment. In addition to the foregoing, the following legislation
pertinent to the provisions of the RSFSFt Criminal Code has also been pub-
lished subsequent to the date of coverage of the 1956 edition.
1. "On Revoking the Liability of Workers and Employees to Punish-
ment by Judicial Action for Quitting Work in Enterprises and Institutions
and for Absence From Work Without Sufficient Cause," ukase of the Presidiumg
Supreme Soviet USSR of 25 April 1956 (Veslomosti Verkhovnogo Soveta SSSR
156, Law No 203).
-1850.
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2. "On Establishing a List of Information that Constitutes a
State Secret, the Disclosure of Which Shall be Punished by Law," decree
of the Council of Ministers USSR of 28 April 1956, published in Ugolovnyy
Kodeks RSFSR (RSFSR Criminal Code), 1957 edition, page 143. This decree
supersedes the decree of the Council of Ministers USSR dated 8 June 1947,
of the same title, which appears in Appendix A,, "Legislative Acts and
Judicial Rulings," of the foregoing translation of the RSFSR Criminal
Code, 1956 edition.
3< "On Putting to Work Gypsies Who Lead a Vagabond Existence,"
ukase of the Presidium, Supreme Soviet USSR of 5 October 1956 (Vedomosti
Verkhovnogo Soveta SSSR 1956, Law No 45O)o]
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This index covers the serially numbered sections of the RSFSR Crim-
inal Code, 1956 edition, and its two Integral appendixes. The index does
not cover items listed under "Supplementary Material.?
The abbreviation "Sec," followed by a number or numbers, designates.
(1) one or more of the consecutively numbered sections comprising the text
of the code, and. (2) if the numbers are in parentheses, numbered items in
the appended "Annotations on Sections of the Code" (each annotation has
the same number as the section of the code to which it relates).
The abbreviation "p," followed by a number or numbers, refers to
one or more pages in the appended. "legislative Acts and Judicial Rulings,"
Abandonment or nonsupport of children (see also Children, Helpless per-
sons; Minors); Sec 158
Abortion (see also Pregnant women, Women); See 140, 140-a, (140-a); pp
Absence' without leave (see Military crimes)
Abuse of authority or official, position (see Authority, Officials)
Accomplices (see Complicity in crime)
Accusations (false) of crime: (see False denunciations)
Acids (corrosive) and other corrosive substancess transmission through
the mails; Sec 182
Acting in excess of authority or powers (see Authority, Officials)
Acts of civil status, giving false information on for registration; See
59-8
Administrative punishment; Sec 14, 192; p 115
Admonition, as penalty; Sec 20, 43
Aggravating circumstances, in commission of crime;
Sec 47; p 100
Agitation and propaganda (counterrevolutionary);
Sec 58-10, 59-7
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Aiding or communicating with .a hostile foreign power (see Foreign powers)
Aircraft
culpable accidents involving; Sec 59-3d
flights into and out of USSR, violations regarding; Sec 59-3e
violation of regulations concerning; Sec 59-3d, 75-4
Airports, violation of aeronautic regulations by chiefs of; Sec 59-3d;
Alcoholic beverages and substances and equipment for making, offences re-
garding; Sec 101, 102, 103; p 111-113
Aliens
administrative or criminal action against for misuse of duty-free
articles brought into USSR ( as for smuggling); Sec (59-9)
application of RSFSR Criminal Code to; Sec 1,5) (59-9)
Ammunition, violations regarding (see Firearms and ammunition)
Amnesty and pardon; Sec (14+), (l+0), 52, (55); p 118, 120, 122
Analogy, legal principle of; Sec 16
Application of RSFSR Criminal Code
to aliens; sec 4, 5, (59-9)
to citizens of other union republics.; Sec 3
to RSFSR citizens; Sec 2
Armed forces (see military crimes, military personnel)
Armed uprising; See 58-2
Arms (see Bladed weapons) Firearms and ammunition)
Arrest (custody),
assisting escape of arrested persons; Sec 81
escape from; Sec 82
holding under from mercenary or other personal motives; Sec 115
illegal release of arrested persons; Sec 81
Arson; Sec 58-9, 59-2, 175
Artistic creations, unauthorized use'of (see Patents and copyright)
Assault and battery (see Blows, Bodily injury)
Assay stamps (counterfeit), making, keeping for purpose of sale, or af-
fixing to metal articles; Sec 172
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Assignments (state), evasion of or refusal to perform (see State obliga-
tions)
Assistance to endangered helpless or ill persons, failure to render (see
Children, Helpless persons, Ill persons)
Assistance to shipwrecked persons, failure to assist (see Shipwrecked per-
sons)
Assisting international bourgeoise or its agents;, Sec 58-4
Attachment of property (see also Confiscation of property); Sec (40)
Attempt ( to commit a crime); 19, (19)
Authority
abuse of; Sec 109, (109), 711-a, (111-a), 112, 193-17, (193-17); p l05
acting in excess of; Sec 110, 112, 193-17, (193-17)
discreditation of; Sec 77, 113
failure to exercise (when required); Sec 111, 112, 193-17
resistance to; Sec 59-2. 73, 73-1, 75, 193-3
unauthorized (illegal) appropriation of; Sec 77
Authorship rights, violation of (see Patents and copyright)
Automotive transport
failure to make available as required (time of war); Sec 59-6
violation of registration regulations governing; Sec 70
traffic regulations, violation of; See (59-3c )
Aviation and aeronautics (see Aircraft; Airports; Civil aviation)
Badges, illegal wearing o deprivation of (see Orders, medals, badges;
Red cross)
Banditry and illegal bands; Sec 58-2.9 59-3, 193-28;
Banished persons, illegal actions of; Sec 82
Banishment; Sec (7), 20, 35, 36, 83
Bawdy house, maintenance of; Sec 155
Beating (see Blows; Bodily injury)
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Bigamy; Sea 199
:133.s,aded rc t.}bona, unauthorized manufacture, possession, sale, or wearing
of; 'cc 3.82
Blows, beatings, and other violent acts, infliction of (see also Bodily
injury); Sec 73-1, 14+6
Bodily injury, infliction and threat of; sec 12, (12), (59-3c), (59-4),
68, 1+2145, 193-12; p 101', 105
Bonds, illegal. acts respecting (see Securities)
Border violations (see also Smuggling, Officials, Aircraft, Fleeing abroad);
Sec 59-9, (59 9), 59-10, 63, (83), 84, (84)
Bourgeoisie (international) and its agents,. assisting; Sec 58-4
Brands and trademarks., unauthorized use of; Sec 178
Breach of office, of official duty (see Official duty, Officials)
Bribery and bribe-taking (see also Officials); Sec 117, (117), 11$,
(118); 119
Bride-purchase; Sec 196
Cables (submarine), damaging of; Sec 75-2, 80
Censorship of photographs and cinema films, violations of regulations
governing; Sec 185
Censure (public), as penalty (see Public censure)
Cheating customers, by giving short weight or false measure; Sec 128-c
Checks, offences in respect of; Sec 169-a
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Children
corruption of; Sec 152
failure to assist (on part of obligated persons); Sec 156
failure to supervise (wards); Sec 158-1
failure to support; See 158
helplessness of as aggravating circumstance in crimes committed
against; Sec 47
kidnapping or substitution of; See 149
Citizen6'of other union republics, application of RSFSR Criminal Code
to; Sec 3
Citizens of RSFSR, application of Criminal Code.to; See 2
Citizenship, deprivation of; See 209. 27, (27),-'
Civil and, political rights, deprivation of (see Rights)
Civil aviation and aeronautics, violations in respect of; Sec 59-3d, 59-3e,
75-4 ,
Collisions at sea
failure of ship captains to exchange required information; Sec 184
failure to attempt to save damaged vessel; Sec 176
Common property, confiscation of share in (see also Confiscation' of prop-
erty, Attachment of property); Sec (40)
Communication, destruction of means of; Sec '58-9, 59-2$ 59-3
Communication with hostile foreign power or its nationals; See 58-3, 193-2b
Compelling persons to appear (illegally); Sec 115
Complicity in crime; Sec 17, 18, 58-11, 59-2, 59-3, (59-9)9 73-2, 193-1;
p 101
Compound and plural offenses., assignment of cumulative penalties for (see
also Cumulative purmishment); Sec 49, (49)a (59-3), (136); p 105
Compulsory residence in a.given place (in exile); Sec 35, 36
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Confinement
as principal (basic) penalty; Sec 23
escape from place of; Sec 82
expunging criminal records of persons sentenced to; Sec 55, (55)
illegal subjection to; Sec 115, 147, 148
in corrective labor camps; Sec 20, 28
in general places of(exce t corrective laborcamps); Sec 20, 28
in prisons; Sec 20, 28, (28)
followed by exile or banishment; Sec 35
increased term of for counterrevolutionary crimes; Sec (28)
institutions in which sentences to shall be-served; Sec 20, 28, (28)
limitation on period of; Sec 28, (28)
pretrial confinement reckoned as part of sentence; Sec 29, (29)
substitution of for corrective labor work without confinement; Sec
(30)
Confiscation property not subject to (see also Confiscatkn of property);
Sec 40, (40i, 41
Confiscation of property) as penalty; Sec 20, 23, 40, (40), 41, 53
Construction regulations, violation of or failure to fulfill; Sec 108,
(108)
Continuing crimes, offenses (see Crimes, continuing)
Contracts, malicious failure to perform and other violations; Sec 129,
130, 131, 132, 134
Cooperatives (see also Pseudocooperatives)
plundering (theft) of property of; p 101, 103
undermining of; See 58-7,.(58-7)
violation of trade regulations by officials of; Sec 105
Cooperative movement and economic system, undermining of; Sec 58-7
Copyright and patents, violations in respect of (see Patents and copyright)
Corrective labor camps, confinement in; See 20, 28
Corrective labor colonies, confinement in ("general places of confinement");
Sec 20, 28
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Corrective labor work (without confinement)
as general penalty; Sec 20
incidental disabilities accompanying sentence to; Sec 30
maximum sentence to; Sec 30
maximum withholdings from pay; .Sec (30)
military personnel not subject to; Sec 30, (30)
on general basis (not at place of residence); Sec 30
reduction of sentences to on basis of pretrial confinement; Sec
29, (29)
substitution for of confinement, if evaded; Sec (30)
substitution of for unpaid fine; Sec 42
suspended sentence to; Sec 53
Counterfeiting, of currency, securities, travel tickets, etc. (see also
Forged documents, Forgery); Sec 59-8, 68, 72, (72), 120, 170, 193-12
Counterrevolutionary crimes
category of state crimes; Sec 14, (28), 58-1--58-14; p 100
death penalty for (as specified); p 100
definition of; Sec 58-1
period of confinement for (maximum); Sec (28)
statute of limitations regarding; Sec 14, (14)
Counterrevolutionary motivation, as aggravating circumstance in commission
of crime; Sec 47, (58-7)
Counterrevolutionary organizational activity; Sec 58-11
Crimes (see separately listed specific crimes)
against the state (see State crimes)
complicity in (see Complicity in crime)
compound and plural, penalization of (see Compound and plural offenses;
sefe t also Cu wilaive, punishment)
continuing; Sec (14)
dual classification of; See 46
durational crimes; Sec (14)
not-carried to conclusion; Sec 19
preparation of; Sec 19, (19)
Criminal Code of the RSFSR
Aliens, application of code to; Sec 4, 5, (59-9)
citizens of other union republics, application to; See 3
citizens of RSFSR, application to; See 2
general principles of; Sec 6-19
limits of application of; Sec 2-5
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Criminal legislation of the RSFSR, objective of; Sec 1
Criminal policy of the RSFSR, general principles of; Sec 6-19
Criminal punishments (general), application to criminals;. Sec 20--44
Criminal punishments, procedure for applying. to offenders (general); See
45-52
Criminal records
expungement of; Sec 55, (55); P 120, 121
persons considered not to have; Sec 55, (55)
Crops
illegal gathering of to meet personal needs (see also State and pub
lie property); Sec (87-a)
intentional damaging of; Sec (79)
Cruelty or cunning (especial) in commission of crime, as aggravating cir-
cumstance (see Cunning or cruelty)
Cumulative punishment, assignment of, for compound and plural offences
(see also Compound and plural offences); Sec 4+9, (4+9)
Custody (holding in), illegal (see Arrest)
Cunning or cruelty (especial) in commission of crime, as aggravating cir-
cumstance; Sec 47
Daggers and dirks (see Bladed weapons)
Damage
obligation to repair as additional criminal penalty; See 20, (20),
14.4, (4.)
to state interests, as aggravating circumstance in commission of
crime; Sec 47, (147)
Damages, obligation to pay imposed as penalty (see Damage)
Danger (unavoidable), action to ward off not a crime (see Unavoidable
danger)
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Death penalty (for other penalties, see Penalties; and separate listings);
abolition of in peacetime; p 99
application to murder under aggravating circumstances; p 100
application to traitors, spies, subversives, and saboteurs;.p 100
exemption of minors from; Sec 22
exemptions of women from; Sec 22
general applicability of; See 21
Declaration to be an enemy of the working people; Sec 20, 23, 27
Decorations, deprivation of (see Orders, medals, badges; Marks of dis-
tinction)
Defection to the enemy; Sec 58-la p 114
Denunciations, false; Sec 95
Denunciation., failure to denounce to proper authorities (see Failure to
inform authorities)
Depraved acts, commission of with children and minors; See 152
Deprivation of liberty, freedom (see Confinement)
Deprivation of rights, political and civil; See 20, 31--34; p.120, 121
Disturbance (mental), crimes committed in state of; Sec ill 48, 138, 144
Desertion; Sec 193-7, (193-7)s 193-22
Destruction or damaging of state or public property (see State and public
property)
Diplomatic personnel, criminal responsibility of; See 5
Disciplinary arrest, liability of military personnel to; Sec 30
Disciplinary penalties; Sec 112
Disclosure (illegal), of information not subject to publication (see also
State secrets, Economic information); See 121, 193-25
Disclosure (unauthorized)of facts determined in pretrial investigation or
inspection; Sec 96
Discreditation of authority , causing; Sec 77, 113
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Disfigurement; Sec 142
Dismissal from official position, as criminal penalty (see Officials)
Disorders.(mass), accompanied by destruction of state property or vio-
lence against individuals; Sec 59-2
Dissemination (illegal)
of counterrevolutionary literature; Sec 58-10, 59-7
of defamatory fabrications (slander, libel); Sec 161
of pornographic material; See 182-1
Documents, theft, damaging, forgery, loss, and other offenses regarding;
Sec 59-8, 72, (72), 78, 116, 120, 170, 186
Drunkeness, commission of crime in state of does not exempt.from punish-
ment; Sec 11
Durational crimes; Sec (14)
Duty, neglect of (see also Officials); Sec 111, 112, 193-17
Duty-free articles, aliens penalized for misuse of such article brought
into USSR, as for smuggling (see also Smuggling); Sec (59-9)
Economic crimes (category); See 128-135
Economic information not subject to disclosure, disclosure of; See 58.6
Economic system and cooperative movement, undermining of; Sec 58-7
Elections, offences in regard to; Sec 31, 91, (91), 91-1, (91-1), 120
Electric power, larceny of; Sec 163
Embezzlement (see also Officials); Sec 116; p 101
Enemy of the people, declaration to be; Sec 20, 23, 27
Epidemics, violation,of regulations for combating; Sec 181
Espionage; Sec (28), 58-la, 5.8-1b, 58-6, 58-11, 193-211; p 100
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Evasion of military registration and service (see Military registration
and service, Military crimes)
Evasion of taxes (see Taxes)
Eviction from housing; Sec 97
Excise regulations, violation of (obsolete); Sec 100
Execution (see Death penalty)
Exile; Sec 20, 35, 36, 82
Experts (forensic), evasion of appearance; Sec 92
Expiation money, acceptance of; Sec 194
Explosive substances and devices, violations respecting (see also Fire-
arms and, ammunition); Sec 182
lEx8ungment of criminal records of sentenced persons; Sec 55, (55); p
Extenuating circumstances in commission of crime, listing; Sec 48
Extortion; Sec 117, 118, 171+, 200
Extraterritoriality, criminal responsibility of aliens who enjoy right
of; Sec 5
Factory and plant (worker) committees, obstruction of lawful activities
of; See 135
Failure to act when required (see also Officiate, Military crimes);
See 11l, (111j, ill-a' (1110, 112, 193-17
Failure to execute military.orders (see also Military crime); .Sec 193-2
Failure to inform authorities of preparation or comniisgion of crime; Sec
18, 58-1c, 58-1d, ' 58-12#, 59-13; p 101, 101-102
False denunciations, witting submission of; Sec 95
False information, giving of; See 59-8, 88, 187
Family of serviceman, subject*to punishment for his crime; Sec 58-1c
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Feuding; Sec 195
Film (cinema) censorship, violations of; Sec 185
Fines; Sec 20, 42
Fire guard (militarized), theft from of firearms or ammunition (see also
Firearms and ammunition); Sec 59-3a
Fire prevention regulatrions, violation of or failure to fulfill; Sec 75-1,
75-x+, lob
Firearms and ammunition
purchase, possession, or sale of stolen; Sec 164-a
theft of; Sec 59-3a, i66-a, 193-14
unauthorized manufacture, purchase, possession, or sale of; Sec 182,
193-14
Fish (raw),illegal purchase for resale; Sec 99-1
Fishing and hunting, illegal acts respecting; Sec 86, 86-1
Flag of USSR, illegal flying on maritime merchant vessel; See 93
Fleeing abroad, committed by military personnel; See 58-la, 58-1c
Flight corridors, and altitudes, violations of by aircraft; Sec 59-3d
Forced collections . for' tribal or religious purposes; Sec 204
Forcing violations of military duties (see also military crimes); Sec
193-4
Foreign exchange
counterfeiting or passing off counterfeited; Sec 59-8
violation of regulations on transactions In, See 59-12, (59-12)
Foreign nationals who commit crimesiin USSR (see Aliens, Diplomatic per-
sonnel)
Foreign powers (hostile), aiding or communicating with; Sec 58-3
Foreign powers or social groups, inducement to hostile acts against the
USSR;` See 58-5
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Foreign trade monopoly, violations of statute on; Sec 59-11
Forest and timber violations; Sec 85
Forged documents, utilization of (see also Counterfeiting, Documents,
Forgery); See 72, (72), 193-12; P l05
Forgery, of checks, certifications, documents, etc. (see also Counter-
feiting, Documents, Forged documents); Sec 59-8, 68, 72, (72), 120, 170,
193-12
Fraud; See 169, 128-c; p 105
Freedom, liberty, deprivation of (see Confinement)
Frontier violations (see Border violations)
Fur seals, illegal hunting of; Sec 86
General places of confinement (all but corrective labor camps), confine-
ment in; Sec 20, 28
Governmental departments, violation of directives of;
Sec 75-1, 192
Guardianship, taking advantage of for mercenary ends;
Sec 159-1
basis of; See 10
circumstances that aggravate; Sec 47
circumstances that extenuate; Sec 48
Guilt by association (punishment.of defectors' families); See 58-ic
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Health, crimes against, culpable injury to (see also Helpless p persons,
Ill persons); Sec 142, (142), 143-1.47, 150, 171, 101
Helpless persons
failure to assist when endangered (by obligated persons); See 156,
157
failure to rescue (shipwrecked); Sec 156-1
helplessness of-injured party as aggravating circumstance in commis-
sion of crime; Sec 47
Helplessness of victim as factor in qualification of killing as mur-
der; Sec 136; p 100
Hemp (Indian), unauthorized growing of (see also Narcotic substances);
Sec 179-a
Historical or artistic collections or items, failure to register or sur-
render to state if required; Sec 188
Homicide, negligent (see also Murder); Sec 139
Hooliganism, acts of; Sec 74, (74)
Hostile acts against USSR, inducement of foreign states or social groups
to engage in; Sec 58-5
Housing and rent violations ; Sec 97, 98
Hunting and fisIA1ng, iiJ.ego1 acts in respect of; Sec 86, 86-1
I
Ignorance, as extenuating circumstance in commission of crime; Sec 48
Ill persons (illness)
failure to assist on the part of obligated persons; Sec 156, 157
feigning to avoid military service (malingering); Sec 193-12
infection with venereal, disease; See 150
mental illness caused by bodily injury; Sec 142
mentally ill offenders not subject to judicial penalty; Sec 11
mentally ill offenders placed in curative establishments; Sec 2+,25
mentally ill persons, inciting or abetting commission of suicide
by; Sec 1.+1
mistreatment of ill or wounded prisoners of war; Sec 193-29
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Industrial products (of inferior quality or incomplete), release of; Sec
128-a, (128-a)
Inferior quality or incomplete industrial products (see Industrial prod-
ucts
Injury to body (see Bodily Injury)
Insignia and emblems of Red Cross and Red Crescent (see Red Cross)
Instigation to (instigators of) crime; Sec (12), 73-2, 141
Insult, infliction of (see also Military crimes, officials, Libel, Slan-
der); Sec 76, 159-160, 193-5, 193-6
Intent, as element of crime (general); Sec 10
international bourgeoise and its agents, assisting; See,58-4
Interrogation (see Investigation)
Intoxicants (see Alcoholic beverages and substances)
Invasion of USSR territory, by counterrevolutionary bands; Sec 58-2
Inventions (see Patents and copyright.)
Investigations, illegal acts in respect of; Sec 95, 96, 115
J
Judges, criminal offences of; See 114
Judicial powers, tribal arrogation of; -See 203
KGB (see Political police)
Kidnapping; See 149, 197
Knives and daggers (see Bladed weapons)
Kolkhoz property, plundering or destruction of (see also State and pub-
lic property); Sec 79-2; P 101-102
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Labor discipline, violation of by transport workers; Sec 59-3c
Labor legislation and contracts, violation of (see also Safety regula-
tion s,Sanitary regulations); See 133, 133-a, 134, 135
Labor service (compulsory), evasion of in wartime; See 59-5, 69
Land, illegal use or disposal of; Sec 87-a, (87-a)
Larceny (see .also Electrical power, OfficiajB, State 101-102, 103 op 04
rj~7y), See 12, (12), 59-3a, 162, 163, 164, ; p ,
Late reporting for duty, military (see also Military crimes); Sec 193-10
Leasing of land, illegal; Sec 87-a, (87-a)
Lessee, dissipation of state or public property by; Sec 130, 132
Libel; Sec 161
Liberty (freedom), deprivation of (see Confinement)
Life, crimes against; Sec 136--141, 107; p 101
Limitations, statute of; See 14, (i) 15
Lithographic. establishments (see-Printing and lithographic plants)
Livestock, illegal actions in respect of; See 59-6, 70, (79), 79-1, 79-3,
79-4, 166, 193-11, 200; p 103
Loans, illegalities regarding (see Securities, Usury)
Local ordinances, violation of; See 192
Looting, in areas of military operations; Sec 193-28
Lost (and found) property, misappropriation of; Sec. 168
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M
Mails, transmission through of corrosive acids and other corrosive sub-
stances; Sec 182
Malingering (see Military crimes)
Managerial and technical personnel, answerable for release of inferior
quality or incomplete products; Sec 128-a, (128-a)
Marks of distinction and titles of honor, deprivation of (see also orders,
medals, and badges); See 33, (33)
Marriage
bigamy and polygamy; Sec 199
concealment of impediments to; Sec 88
forcing women to enter into; See 197
with underage person; Sec 198
Mass disorders, accompanied by destruction of state property or violence
against individuals,; Sec '59-2
Maximum and minimum penalties; Sec 46
Measures of social defense (see Penalties)
Mechanical motors, violations of regulations on installation of; Sec 189
Medals, illegal wearing of, deprivation of (see Orders, medals, badges)
Medical assistance, refusal or failure to render (see hi persons)
Medical practice by unqualified persons; Sec 180
Mental disturbance (temporary derangement'), crimes committed in state of;
See U, 48, 138, 144
Mental Illness (see also Ill persons)
caused by culpable infliction of bodily injury; Sec 142
chronic, exempting from judicial corrective penalties; Sec 11
placing healthy person in mental institution; Sec 148
Mercenary motives, presence or abenee of as aggravating or extenuating
circumstance in commission of crime;" See 47, (47), 48
Militarized guard, offences of in railway transport; Sec (59-3c)
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Military crimes
absence without leave; Sec 193-7, 193-8, 193-9
abuse of authority; Sec 193-17
abuse of Red Cross or Red Crescent flags, emblems, or insignia; Sec
193-30, 193-31
acting in excess of authority; Sec 193-17
allowing enemy to capture material and men; Sec 193-20
battle orders, unauthorized deviation from; Sec 193-21
committed by militia personnel; Sec 193-1
committed by political police (NKVD-KGB) personnel; See 193-1
defection to the enemy; Sec 58-la, 193-22
definition of military crimes; See 193-1
departure from field of battle (unauthorized); See 193-22
desertion; See 193-7, (193-7), 193-22
desertion of sinking warship by commander; Sec 193-23
disclosure of military information (see also State secrets); Sec
193-25
evasion of military service; Sec 59-4, 64, 66, 68, 193-10a, 193-12,
193-13
failure to act, when required; Sec 193-17
failure to bring own horses (territorial cavalry); Sec 193-11
failure to carry out orders; Sec 193-2
forcing violation of military duties; Sec 193-4
guard (sentry) and convoy duty regulation, violation of; Sec 193-15,
193-16
illegal taking of civilian property; Sec 193-28
insults, infliction of; See 193-5, 193-6
late reporting for duty; Sec 193-10
malingering; Sec 68, 193-12
military necessity, crimes committed on pretense of; Sec 193-28
misappropriation of military property; Sec 193-14
neglect of duty; Sec 193-17
pillage; Sec 193-27
privileges and family benefits, culpable deprivation of; Sec ?193-18
refusal to use weapons in combat; Sec 193-22
resistance to proper authority;
Sec
self,-inflicted injury; Sec 193-12
surrender of forces and materiel (treasonous); Sec 193-20
transmission of military infora.iation to enemy; Sec 193-24
unauthorized leaving of sinking warship by crew; Sec 193-23
Us? of subordinates to perform personal services; Sec 193-19
Weakening defense capacity of Armed Forces USSR in combat situation;
Sec 132
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Military personnel (see also Military crimes)
deferment of execution of sentences in wartime; See 28
exemption from sentences to corrective labor work; Sec 30
fleeing abroad, crime of; Sec 58-1c
Treason committed by; Sec 58-ib, 58-1c, 58-12, 193-20, 193-21, 193-22,
193-24
Military registration and service, evasion of; Sec 59-4, 64, (64), 66,
68, 193-10a, 193-12, 193-13
Militia, personnel not liable to punishment under "Statute on Military
Crimes" (Chapter X of Criminal Code); Sec 193-1 (**Note)
Militia, theft of firearms or ammunition belonging to (see also Firearms
and ammunition); Sec 59-3a
Mineral resources, illegal exploitation of; See 87
Mining industry, violation of safety regulations of (see Safety regula-
tions')
Minimum and maximum penalties, classification of crimes for which pre-
scribed; Sec 46
Minimum penalties, bases for assigning penalties lighter than; See .51
Ministerial directives, violations of (see Governmental departments)
Minors
Application of punishments to (general); Sec 12
application to of laws on plundering private, public, and state prop-
erty; p 107
commission of depraved acts with; See 152
compelling to engage in prostitution, begging, speculation, etc.;
Sec 73-2
failure'to support; Sec 158
illegal religious instruction of; Sec 122
incitement of to commission of suicide; Sec 141
instigation or compulsion of to commit crimes; Sec 12-1, 73-2
larceny committed by; Sec 12, (12); p 107
medico-educational measures applied to; Sec 25, 26
minority of as extenuating circumstance in commission of crime; See
48
petty plundering of state or public property by; p 107
railway accidents, responsibility for acts that might cause; See,(12)
rape of; Sec 153
release of on parole; Sec 54-1, (54-1); p 117
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robbery conmiitted by; p 108
sexual intercourse with; Sec 151, 198
under 18 years not subject to banishment; Sec 35
Misappropriation; Sec 116, 168, 193-IA; p 101
Mismanagement, as result of neglect of duty; Sec 128
Mistreatment of prisoners of war; Sec 193-29
Mobilization (military), evasion of; Sec 66, 193-10a
Money
counterfeiting of; Sec 59-8
melting of into ingots; Sec 106-a
manufacture of other articles from; Sec 106-a
Money substitutes (scrip or other), issuance and acceptance of; Sec 128-4
Moonshine, and equipment for making (see Alcoholic beverages and substances)
Motivation
base (greed, revenge, etc.), as aggravating circumstance in commie--
sion of crime; Sec 1.7, 136
counterrevolutionaryp as aggravating circumstance in commission of
crime; Sec 1+7, (58-7)
Murder; Sec 136-138; p 100
Musical works, unauthorized use, performance of (see Patents and copy-
right)
MVD (see Militia, Political police)
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Narcotic substances, violations in respect of; Sec 1Ol 179-a
National (cultural, racial) emity, propaganda or agitation designed to
arouse;. Sec 59-7
Navigation, violation of rules of (see Water transport)
Necessary defense; Sec 13, 48, 139
Neglect of duties; Sec 111, (111), 111-a, 112, 128,
Negligence (see also Neglect of duties)
as element of crime; See 10
crime by reason of;, Sec' 10, 80, 139, 14+5
in regard to property; Sec 79-2, 79-4
193-17, (193-17)
Negligent homicide; See 139
NKVD (see Political police)
Nonsupport of minors (see also Minors); See 158
Nonsupport,or abandonment of children (see also Children),* See 158
Obligation to repair damage, as additional criminal penalty (see. Damage')
Obligations' (state ), evasion of. or refusal to perform (see State obliga-
tions) .
Official duty, breach of (see also. Officials ); Sec 58-14,. 59-3c, 59?'3d,
109--121, 193-17, (193-17)
Official position or authority, abuse of (see Authority, Officials)
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abuse of'authority or-official position; See 109, (109), 111-a,
(111-a), 112, 193-17, (193-17); p 105
acting in excess of powers or authority; See 110, 112, 193-17
appropriation of titles or authority of (unauthorized); See 77
assistance of illegal border crossings; Sec 59-10
bribe-taking and bribery of; Sec 117, (,117), 118, (118), 119
coercion or threatening of; See 73, 73-1
definition of term "official"; Sec 109
discreditation of authority by acts of; See 113
dismissal of as 'criminal penalty; See 20, 37
embezzlement committed by; 'Sec 116; p 101-102
failure to act, when required; Sec 111, (ill), 111-a, (111-a), 112,
193-17
forcing of to execute unlawful demands; Sec 59-2
forgery committed by in performance of duties; Sec 120
illegal disclosure of information by; Sec 121
insult inflicted upon while in'execution of duties; See 76
Labor Code and labor legislation violations of; Sec 133, 133-a,
134
misappropriation committed by; See 116; p101-102
mismanagement committed by; Sec 128
neglect of duties; See 111, (111), 111-a, 112, 128, 193-17, (193-17)
plundering of state or public property; Sec 129, 132; P105
refusal to return to USSR from abroad; p114
resistance to in performance of duties; See 59-2, 73, 73-1, 75,
193-3
sabotage committed by; See 58-7, (58-7), 58-14)
Open theft (general); See 165
Opium poppy, unauthorized growing of (see also Narcotic substances
See 179-a
Orders, medals, badges (see also Marks of distinction, Red Cross)
deprivation of upon commission of crimes; See 33, (33); P115
illegal wearing of; See 31, (33); P115
Ordinances (local), violations of; See 85, 92
Organizational activity, counterrevolutionary; See 58-1
Outlawry of defectors (officials); p 114
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Pandering; Sec 155
Pardon and amnesty (see also: Parole); Sec (14), (40), 52,
(55), p 118-123
Parental rights, basis for deprivation of (see Rights)
Parole, release on (see also Amnesty and pardon); Sec 52,
51+, 54-1, (54-1);
p 117-118
Passports
entry into or leaving the USSR without; Sec 84, (84)
forgery (counterfeiting) of; Sec (72)
violation of registration requirements concerning; Sec 192-a, (192-a)
Patents and copyright, violations in respect of; Sec 77; Pilo-ill
Pay of pregnant or nursing women, prohibition to reduce; See 133-a
Penalties ("measures of social defense")
additional (supplementary); Sec 23
administrative (by administrative action); See 14, 192; p 115
admonition (as penalty); Sec 20, 43
banishment; Sec (7), 20, 35, 36, 83
confinement (see Confinement)
confiscation of property; See 40, (40), 41
Corrective labor work (without confinement); Sec 20, 29, (29), 30,
(30)9 42, 53
cumulative, for compound and plural offences; Sec 49, (49), (59-3),
(136); P 105
death penalty (see Death penalty)
declaration to be an enemy of the working people; See 20, 23, 27
deprivation of liberty, freedom (see Confinement)
determination of by analogy; Sec 16
dismissal from official position; See 20, 37
disciplinary (by disciplinary action); See 30, 112
exile; See 20, 35, 36, 82
fines; See 20, 42
imposition of obligation to repair damage; Sec 20, (20), 44, (44)
imprisonment (see Confinement)
of as judicial corrective nature, kinds of; See 20
of.a judicial corrective natures limits of application; Sec 10--19
kinds of; Sec 7, 20
maximum and minimum; See 46
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of a medical nature; Sec 24
of a'medico-educational nature; Sec 25
prohibition to engage in certain trades and activities; Sec 20, 38
public censure; Sec 20, 39
principal (basic); Sec 23
property penalties (exactions); See (20),(44), 53 (see also Con-
fiscation of property)
purposes for applying; Sec 9
fights, deprivation of, political and civil; Sec 20, 31--34; p 119-
Pension rights, basis for deprivation of; 'Sec 31
People's assessors, evasion of duties by; Sec 92
Physical abuse or torment, infliction of; Sec 142, 146
Physicians, offenses of (see Abortion, Helpless persons) Ill persons,
Medical practice)
Pillage on field of battle; Sec 193-27
Plant and factory (worker) committees, obstruction of lawful activities
of; Sec 135
Plundering of state and public property (see State and public property)
Plural and compound offences; 49, (49), (59-3), (136);,p 105
Pogroms, in connection with mass disorders; Sec 59-2
Poisonous substances, violations in respect of; Sec 179
Political and civil rights, deprivation of; Sec 20, 31-34; p 119-122
Political polio, liability of personnel to punishment under "Statute on
Military Crimes"; Sec 193-1
Polygamy; Sec 199
Pornographic material; Sec 182-1
Powers, abuse of, acting in excess of, failure to exercise (see author-
ity)
Precious metals and articles made of same, violations regarding; See 106,
106-a, 172
Pregnancy, as extenuating circumstance in commission of crime; See 48
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Pregnancy, exemption from death penalty on account of; Sec 22
Pregnant women
abortion; See 140, 140-a, (140-a); p116-117
condition as e)cenuating circumstance in commission of crime; Sec 48
exemption from death penalty; Sec 22
refusal to accept for work, lowering pay of; Sec 133-a
Preparation of crime; Sec 19, (19)
Preterm'release of conv.cts (see Amnesty and pardon, Parole)
pretrial confinement, reckoned as part of sentence; Sec 29, (29)
Price violations; Sec 128-c
Private property, offenses against (see Property, private)
Printing and lithographic plants, unauthorized opening and operation of;
See 190
Printed works, violation of regulations on reproducing and disseminating;
Sec 185
Prisoners of war, mistreatment of; Sec 193-29
Probationary period (see Parole; Suspended sentence)
Procurement of women for purposes of prostitution; Sec 155
Products and materials prohibited to be produced or processed; Sec 20,
38
Profession or trade, prohibition to engage in, imposed as criminal penalty;
Sec 20, 38
Prohibited trades, products, and materials; Sec 20, 38, 86, 86-i, 99, (99)
Prohibition to engage in a certain trade or activity, imposed as a crim-
inal penalty; Sec 20, 38
Propaganda and agitation, counterrevolutionary; See 58-10, 59-7
Property, attachment of (see Attachment; Confiscation of property)
Property, confiscation of as criminal penalty; Sec 40, (40), 41
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Property, crimes against; Sec 162, 163, 164, 164-a, 168, 169, (169), 169-a,
170-378; p 101-108
Property (private)
destruction or damaging of; Sec 175
increased penalties for violations of; p 101
6ee also Fraud, Larceny, Robbery, Stolen goods, etc
Property penalties (see Penalties).
Prostitution
compelling minors to engage in; Sec (12), 73-2, 155
instigation of minors to engage in; Sec 73-2
procurement of women for purposes of; Sec 155
Pseudocooperatives (see also Cooperatives), aiding and abetting. of; Sec
111-a,(111-a), 129-a, (129-a), 132
Public activists, infliction of violence on; Sec 73-1
Public administration, crimes against deemed especially dangerous to the
USSR (a category of state crimes); Sec 59-1-59-13
Public administration, crimes against, other (category); Sec 60-108-1
Public censure, as penalty; Sec 20, 39
Public disaster, resulting from culpable destruction of private property;
See 175
Public property, offences against (see Cooperatives, Kolkhoz property,
State and public property)
Punishments (see Penalties)
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Radio facilities, violations of regulations governing; Sec 75-3, 191
Railway transport
accidents, responsibility for; Sec 59-3c, (59-30
bribe-taking in connection with; Sec (117-1)
counterfeiting of railway tickets; Sec 59-8
destruction or damaging of property; Sec 58-9, (58-9), 59-2, 59-3b
labor discipline violations by workers of;. Sec 59-36
militarized guard of (violations by); Sec (59-3c)
responsibilities of minors for acts that do or might cause wrecks;
See (12)
unauthorized stoppage of trains by emergency signal; p 111-115
violation of ministerial,regulations governing; Sec 75-1
Rape; Sec 153; p 116
Red Cross and Red Crescent, offenses regarding use of titles; insignia,
and distinguishing emblems of; Sec 94, 183, 193-30, 193-31
Release from confinement before completion of sentence (see Amnesty and
pardon, Parole)
Religion
acts fostering superstition; Sec 123
arrogation of lay authority by religious organizations ; Sec 125
arousal of religious enmity through propaganda and agitation; Sec
159-7
forced contributions to support; See 124
illegal instruction in of children or minors; Sec 122
illegal obstruction of performance of religious rites; Sec 127
performance of religious rites in state or public institutions or
enterprises; Sec 126
Religious enmity, propaganda or agitation designed to arouse; Sec 59-7
Remission of penalties (general); Sep 52
Rent and other housing violations; Sec 979 98
Resistance to authority; See 59-2.s 739 73-19 759 193-3
Restitution, obligation to make imposed, as penalty; See 209 (20), 1i4,
(44)
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Retroactive provisions of RSFSR Criminal Code and appendixes; Sec 14,
58-13; p 114
Rights, political and civil, deprivation of; Sec 20, 31-34; p 119-122
Robbery; Sec 59-3a, 167, 193-28; p 101, 103-l04, 105
Sabotage; Sec 28, (28), 58-9, (58-9), 58-14, (58-14); p 100
Safety regulations, violation of or failure to fulfill; See 108, (108),
108-1, 133; p 113-114
Sanitary regulations., violation of or failure to fulfill; Sec 75-1, 108,
133
Scuttling; Sec 175
Sea otters, illegal hunting of; Sec 86
Secret agents of Imperial Russia or counterrevolutionary regimes, retro-
active liability of to punishment; Sec 58-13'
Securities
counterfeiting (forgery) of; Sec 59-8
illegal buying up of (state loan); See (59-12), 132
illegal issuance of; Sec 128-d, 132
Seizure of power for counterrevolutionary purposes; Sec 58-2
Self-defense (see Necessary defense)
Sentences (unjust), passage of; Sec 114
Sexual intercourse
forcing dependent women to engage in; Sec 154
with person underage of puberty; Sec 151
Shipwrecked persons, failure of ships' captains to rescue; Sec 156-1
Shooting, execution by (see Death penalty)
Slander; Sec 161
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Smuggling
aliens penalized as for smuggling for misuse of duty-free articles
brought into USSR; See (59-9)
assistance of illegal border crossings by officials; See 159-10
compound; Sec 59-9, (59-9)
ordinary; See 83, (83)
Social danger constituted by persons, as element in selecting sentences;
See 19
Social defense, measures of (see Penalties)
Socialist concept of law,,as guide to court in imposition of penalties;
See 45
Socially dangerous acts, definition of; See 6
Sodomy; Sec 154-a
Specie (see Money, Money substitutes, Counterfeiting, Precious metals)
Speculation; Sec (12), 73-2, 107, (107)
State and public property
destruction or damaging of; Sec 58-9, 59-2, 59-3b, 79, (79), 79-2,
128
dissipation of by a lessee; See 130, 132
embezzlement or-misappropriation of; See 116
mismanagement of with resultant waste; See 128
plundering of; Sec 129, 132; p 101-106
waste of as a result of mismanagement (see mismanagement)
State crimes (category); Sec 58-159-13
State institutions and enterprises, impeding operations of; See 57-7,
78
State obligations, evasion of or refusal to perform;
State secrets, nature and disclosure of,; See 58-la,
Statute of limitations; See 14, (14), 15
Stolen goods, purchase of; See 164, 164-a
Subversives; p 100
Suicide, causing commission of; See 141
See 59-6, 61.170
58-61V 193-25; p i08-
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Summoning of persons to appear (illegal); Sec 115
Suspended sentences; Sec 53, 54+
Supreme measure of social defense (see Death penalty)
Taking the law into one's own hands...(samoupravstvo); Sec 90, (90)
Tasks, state, evasion of or refusal to perform; Sec 59-6, 61P,70
Taxes, evasion of or refusal to pay; Sec 59-6, 60, 60-1, 61, 62, 63
Terroristic acts, commission of; Sec (.28), 58-8; p 100
Theft (see Larceny)
Threats, culpable; . Sec 48, 73-1; p 101
Timber and forests, illegal acts regarding; Sec 85
Titles and authority (official), illegal appropriation of (see,Officials)
Titles of honor, deprivation of (see Marks of distinction)
Torment or physical abuse; Sec 142, 146
Trade or activity, prohibition to engage in imposed as criminal penalty;
Sec 20, 38
Trade unions, offences in connection with; Sec 79, 109, 135
Trades, prohibited by law; See 20, 38, 86, 86-1, 99, (99)
Trademarks and brands, unauthorized use of; See 178
Trading in inferior quality or'incomplete products; Sec 128, (128-a)
Trading regulations, violation of (general); See 105
Traffic regulations, violation of; See 59-3c, 75-1
Translators (court), offences of; See 92, 95
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Transport, general (see also Aircraft, Automotive transport, Civil avia-
tion, Railway transport, Water transport)
destruction of means of; Sec 59-2
failure to make available to the. Soviet Army; See 70
undermining of for counterrevolutionary purposes; Sec'58-7
Travel (unauthorized) on freight trains, abolition of criminal penalty for;
p115
Treason; Sec 58-1a, 58-1b, 58-1c, 58-1d, 58-3, 58-i 58-5, 193-20, 193-21,
193-22, 193-24
Treasonous acts, failure of military personnel to inform authorities con-
cerning; Sec 58-id
Tribal way of life, crimes constituting survivals of;
bigamy; Sec 199
bride purchase (kalym); Sec 196
expiation-money, acceptance of; 194
forced collections for tribal or religious purposes; Sec 204+
forcing woman to marry; Sec 197
kidnapping of women; Sec 197
polygamy; Sec 199
refusal, of relative, to make peace with killer and tribe; Sec 195
seizure of rattle to force redress of grievances; Sec 200
tribal arrogation of judicial powers; Sec 203
tribal attao: on other tribes, families, or individuals; Sec 201
Tsarist officials and officials of counterrevolutionary governments, re-
troactive punishment for antiworker class or counterrevolutionary ac-
tivities; Sec ]A 58-13
Unavoidable danger, action to ward off not a crime; Sec 13
Undermining state economic system and cooperative movement; Sec
Unjust sentences and decisions., passage of by judges; Sec 114
Uprising (armed); Sec 58-2
Usury; Sec 173
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V
Venereal disease, infection of another person with or exposing him to;
Sec 150
Vodka (see Alcoholic beverages and substances)
W
War criminals (German); preterm release and repatriation of; p 122
War propaganda; p 99
Water transport
destruction or damaging of vessels; 59-3b
failure of captains of collided vessels to exchange required informa-
tion; Sec 184
failure to tescue shipwrecked persons; See 156-1
failure to try to save collision-damaged vessel; Sec 176
labor discipline violations by workers of; Sec 59-3c
militarized guard of, violations by; Sec (59-3e)
radio installations on vessels, violations regarding; Sec 75-3
unauthorized flying'of USSR flag on vessels; Sec 93
violation of fleet movement regulations by workers of; Sec (59-30
violation of ministerial regulations governing; Sec 75-1
violation of navigation regulations at sea; Sec (59-3c), 75-2
Weapons (see Bladed weapons, Firearms and ammunition)
Weight (false) and measure (short), cheating customers by giving; Sec 128-c
Weights and measures, incorrect; Sec 128-c
Wine (see Alcoholic beverages and substances)
Witnesses, offences of; Sec 92, 95
Women
Abortion; Sec 140, 140-a, (140-a)
confounded nuisances, recognized as; See 206, (206)
forcing of to engage in prostitution; See 155
forcing to engage in sexual relations; Sec 154
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forcing to enter into marriage; Sec 197, 198
kidnapping of; Sec 197
marriage of under-age females; Sec 198
pregnancy of as extenuating circumstance in commission of crime;
See 48
pregnant, exemption from death penalty; Sec 22
pregnant-or nursing, refusal to accept for work or reduction of pay;
Sec 133-a
purchase of as brides; Sec 196
procurement of for purposes of prostitution; Sec 155
Wood (see Timber and forests)
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