18. Criminal law according to the Pskov Judicial Charter

Criminal law, according to the Pskov Judicial Charter, for the first time considered a crime as a criminally punishable act committed not only against a private person, but also against the state. The concept of crime as a socially dangerous act appeared.

The subjects of the crime according to the Letter of Judgment could be everyone, except for lackeys. Responsibility for the commission of a crime by accomplices was established for all accomplices the same.

The forms of guilt, mitigating and aggravating circumstances, attempt, etc., were not fixed.

Fines under the Pskov Judicial Charter were imposed for:

1) theft;

2) robbery;

3) a fight;

4) murder;

5) robbery.

The Pskov Judicial Charter mentions higher monetary punishment - payment to the prince's treasury for "hitting, tipping, robbery" 50 rubles by a boyar, 20 rubles by a living person, 10 rubles by a young man.

Penalty system:

1) sale (this fine went to the prince's treasury);

2) compensation for damage to the victim or his relatives (in case of murder);

3) court fees in favor of lords, posadniks, thousand and other judges.

The fines were quite large, they ruined the poor and the lower classes of the city, thereby forcing them to turn to usurers, boyars, merchants and subsequently fall into bondage to them.

The Pskov Judicial Charter mentions only monetary punishments, that is, the criminal law of this period has a compensatory, not punitive nature, but other sources of law contain information about the death penalty.

The Judgment Letter itself mentions for the first time state crimes and crimes against state power (high treason, secret promise to a judge, forcible entry into the premises of a judicial institution, insult to a judicial official, insult or slander against a posadnik, a thousand or their judges), for which she was appointed the death penalty.

The Pskov Judicial Charter did not provide for corporal punishment, but in practice they were widely used.

Crimes against the person:

1) murder (among them were parricide and fratricide);

2) beating;

3) insult by action (for example, pulling out a beard, pushing, etc.).

Types of property crimes according to literacy:

1) tatba (theft) - simple and qualified: horse theft or theft committed for the third time;

2) robbery;

3) robbery;

4) arson;

5) finding (robbery in the gang).

The trial under the Pskov Judicial Charter was of an accusatory and adversarial nature, for a criminal trial it was an accusatory one.

The case was initiated on the basis of a lawsuit. The court then conducted an investigation (“search”). Installed operational-search measures, for example, a search in the modern concept or seizure, i.e., the seizure of things that were deposited with the court before the case was resolved. These actions were carried out by bailiffs. They also summoned the defendant to court and carried out the arrest in case of resistance.

There was a concept legal representation, but only to protect the interests of women, monks, the crippled, the elderly and minors.

The Pskov Judicial Charter established formal legal proceedings.

court documents:

1) "right" letter (it was issued to the party that won the litigation);

2) judicial letter (court decision).

At the heart of the criminal legislation of the Pskov Judicial Charter are the principles of the criminal law of Russkaya Pravda and statutory charters.

Authors: Dudkina L.V., Shcherbakova O.V.

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