Legal encyclopedia. The letter U

STATEMENT OF PENALTIES OF CRIMINAL AND CORRECTIVE

It was a great step forward in the development of the criminal legislation of the Russian Empire.

By 1845, the crime is defined as an unlawful guilty act. This definition does not establish a clear distinction between crime and misdemeanor.

In U. determined the forms of guilt, the conditions for exemption from criminal liability (minor, mental illness, etc.). The grounds that eliminate imputation were: randomness; Juvenile (up to 10 years, the imputation was excluded, from 10 to 12 it was conditional); madness; madness; unconsciousness; Error (random or result of deception); compulsion; irresistible force; Necessary defense.

The subjective side of the crime was divided into:

1) intent with a premeditated intention; With sudden impulse, unintentional;

2) negligence, in which the consequences of an act could not be easily anticipated; Harmful consequences could not be foreseen at all.

Distinguished complicity in the crime: by prior agreement of the participants; Without prior agreement. The accomplices were divided into: instigators, accomplices, conspirators, instigators, accomplices, connives, harborers.

The system of crimes included twelve sections, each of which was divided into chapters and chapters. The most important were crimes against faith, state, against the order of government, official, property, against deanery, state laws, against life, health, freedom and honor of individuals, family and property.

Classification of crimes by U.:

1) religious (about 80 species): blasphemy, seduction of the Orthodox in another faith, etc .;

2) state (about 20 types): treason, rebellion, attempt on the Emperor, etc .;

3) crimes against the order of government: disobedience to the authorities, etc .;

4) official crimes: bribery, late work, etc .;

5) crimes against the person: murder and

Other;

6) crimes against property: robbery, robbery, etc.

The system of punishment was a complex hierarchy of punishments of criminal and correctional. The Code provided for 11 kinds of punishments, divided into 35 stages (from the death penalty to the suggestion).

Punishment according to U. divided into:

1) criminal, accompanied by the deprivation of all rights of the state: the death penalty (appointed only for political crimes); Hard labor (from 5 years to life) with subsequent settlement in Siberia; Lifelong exile in Siberia; A reference to the Caucasus (appointed for religious crimes, not appointed by the military);

2) corrective, which was accompanied by the deprivation of only a few rights of the state: corporal punishment (for example: whipping, branding); Reference to Siberia for a certain period; Short-term imprisonment, which could be implemented either in the fortress or in prison); fine; Short-term arrest; rebuke.

New editions of U. appeared in 1857, 1866, 1885. (It provided for 180 types of punishments and at least 2 thousand crimes).