Table of contents (expand)
- Subject, tasks and method of the history of the state and law of Russia
- Domestic school of law. Periodization of the national history of state and law
- The emergence of statehood among the Slavs. Formation of the Old Russian state. Theories of the origin of the ancient Russian state
- Sources of law of the ancient Russian state
- The political system of the ancient Russian state. Territorial structure of Kievan Rus. Legal status of the population of Rus'
- The veche and the prince in the ancient Russian state are the highest authorities. System of government authorities
- General characteristics of Russian Truth
- Litigation on Russian Pravda
- Crime and punishment according to Russian Truth
- Features of the socio-political and legal development of Rus' during the period of feudal fragmentation
- The influence of the Mongol-Tatar invasion on the development of the state and legal system of Rus'
- Prerequisites for the formation of a Russian centralized state. Features of the Russian centralized state
- Social system and legal status of the population during the formation of the centralized Russian state. Development of the process of enslavement of peasants
- The political system during the formation of the Russian centralized state
- Palace and patrimonial management system. Feeding system
- General characteristics of the Pskov Judicial Charter, its system, sources
- Real, liability and inheritance law according to the Pskov Judicial Charter
- Criminal law according to the Pskov Judicial Charter
- Sudebnik 1497 General characteristics
- Sudebnik 1550 General characteristics, system and sources
- Litigation of the Russian centralized state
- The system of letters of commendation of the Great Moscow Prince
- Statutory letters, their content, action in time, circle of persons and territory
- Bodies of the court according to the judges of 1497, 1550
- The system of labial institutions
- Stoglav 1551 Family and marriage law
- Economic and political prerequisites for the formation of an estate-representative monarchy in Russia, its characteristic features
- Bodies of class representation, their competence and relationship with autocratic power
- Mandatory management system and local self-government system during the period of the estate-representative monarchy
- Reforms of Ivan the Terrible
- Causes and stages of enslavement of peasants
- General characteristics of the cathedral code of 1649
- Forms of land tenure according to the cathedral code of 1649
- Public and criminal law according to the conciliar code of 1649
- History of codification in Russia
- Prerequisites for the emergence of absolute monarchy in Russia, its features
- Reforms of feudal landownership and estate reforms of Peter the Great
- Letter of commendation to the nobility of 1785 Letter of commendation to the cities of 1785
- The legal status of peasants in Russia during the period of absolute monarchy
- Supreme authorities and administration in the first quarter of the XNUMXth century
- Administrative-territorial structure of Russia and local self-government of the XNUMXth century
- Judicial system and police authorities in the 18th century
- Military reform of Peter I
- Code of punishment for criminal and correctional 1845
- Legal status of Poland within the Russian Empire. Ukrainian autonomy in the XVII-XVIII centuries
- Civil law according to the code of laws of 1833
- Fiscals and prosecutors at the end of the XNUMXth - first half of the XNUMXth centuries
- Prerequisites for the bourgeois reforms of the XNUMXth century
- Peasant reform of 1861
- Zemstvo reform of 1864 City reform of 1870
- Establishment of Judicial Institutions 1864
- The Charter of Criminal Proceedings of 1864
- The procedure for the formation of the State Duma (1905-1907)
- Manifesto on the improvement of state order October 17, 1905 Basic state laws of 1906
- Judicial reform (organs of the court according to judicial statutes)
- Stolypin agrarian reform
- Russia on the eve and during the First World War. The state apparatus in Russia at this stage of time
- February revolution of 1917 Supreme authorities March-October 1917
- Dual power
- The emergence and development of councils. Establishment of local councils in 1917-1918
- Soviet law enforcement agencies (police, military emergency commissions): their competence and formation
- Legislation on the liquidation of the class system and the legal status of Russian citizens in 1917-1918
- Socialist law: its sources and features
- Declaration of the rights of the peoples of Russia
- Constituent Assembly. III Congress of Soviets of Workers', Soldiers' and Peasants' Deputies
- General characteristics of the constitution of the RSFSR of 1918
- The formation of the armed forces of the RSFSR in 1917-1918
- Soviet judicial system 1917-1918
- Legislation of the period of War Communism and the Civil War
- Legislation on marriage and family in 1917-1918
- Labor Code 1918
- Guidelines for Criminal Law 1919
- National-state structure of the USSR in 1920-1940
- General characteristics of the new economic policy
- Judicial Reform 1922
- Decree of the All-Russian Central Executive Committee of May 22, 1922 “On basic private property rights recognized in the RSFSR, protected by its laws and protected by the courts of the RSFSR.” Civil Code of the RSFSR 1922
- Criminal Code of the RSFSR 1922 Basic principles of the criminal legislation of the USSR and union republics 1924 Criminal Code of the RSFSR 1926
- Regulations on state industrial trusts
- Law enforcement agencies during the NEP period
- USSR Constitution 1924
- Credit reform of 1930 Principles of management of agriculture and industry
- Criminal and Criminal Procedure Law in the 1930s
- USSR Constitution 1936
- Features of Soviet law and government during the Great Patriotic War. Family and marriage law according to the decree of the PVS of the USSR of July 8, 1944
- Law on universal conscription of 1939. The Red Army during the Great Patriotic War
- The judicial system and the system of law enforcement agencies according to the "Fundamentals of Legislation of the USSR and Union Republics" 1958
- Civil and Criminal Codes of the RSFSR 1964
- USSR Constitution 1977
- The period of formation of the statehood of the Russian Federation (1986-1993)
- The Constitution of the Russian Federation of 1993 Development of Russia at the present stage
44. Code of punishment for criminal and correctional 1845
The Code of Criminal and Correctional Punishments was a big step forward in the development of the criminal legislation of the Russian Empire. However, he still carried a heavy burden of feudal principles and prejudices.
According to the Code of Criminal and Correctional Punishments of 1845 No. a crime defined as a wrongful act. This definition does not establish a clear distinction between a crime and a misdemeanor.
The Code of Penal and Correctional Punishments of 1845 defines the forms of guilt, the conditions for exemption from criminal liability (such as minority, mental illness, etc.).
According to the Code of 1845
grounds eliminating the imputation, were: accident; minority (up to 10 years of imputation was excluded, from 10 to 12 it was conditional); madness; madness; unconsciousness; error (accidental or the result of deception); compulsion; irresistible force; necessary defense.
The subjective side was divided into:
1) intent: with premeditated intent; with sudden impulse, unpremeditated;
2) imprudencein which the consequences of the act could not be easily foreseen; harmful consequences could not be foreseen at all.
The Code distinguished complicity in a crime: by prior agreement of the participants; without prior agreement.
The accomplices shared on: instigators, accomplices, negotiators, instigators, accomplices, connivances, harborers.
Crime system included twelve sections, each of which was divided into chapters and sections. 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 (according to the Code of Criminal and Correctional Punishments of 1845):
1) religious (about 80 types): blasphemy, seduction of the Orthodox into another faith, etc.;
2) state (about 20 types): high treason, rebellion, attempt on the emperor, etc.;
3) crimes against the order of administration: disobedience to superiors, etc.;
4) malfeasance: bribery, being late for work, etc.;
5) crimes against a person: murder, etc.;
6) crimes against property: robbery, robbery, etc.
The punishment system was a complex hierarchy of criminal and correctional punishments. The code provided for 11 kinds of punishments, divided into 35 steps (from the death penalty to suggestion).
Punishments (according to the Code of Criminal and Correctional Punishments 1845):
1) criminal, which were 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; life exile in Siberia; exile to the Caucasus (appointed for religious crimes, not appointed to the military);
2) correctionalwhich were accompanied by the deprivation of only some of the rights of the state: corporal punishment (for example, beating with a whip, branding); exile to Siberia for a certain period; short-term imprisonment, which could be implemented either in a fortress or in a prison); fine; brief arrest; rebuke.
Authors: Dudkina L.V., Shcherbakova O.V.
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