72. Guiding Principles on Criminal Law 1919

Guidelines on the criminal law of the RSFSR dated December 12, 1919 - the main criminal law during the period of the establishment of Soviet power on the territory of the RSFSR.

Sources of Guiding Principles: the practice of courts and tribunals.

The main principle of criminal law: expediency. It was opposed to the principle of legality). The principle of resolving cases by the courts: the "socialist sense of justice" of the courts. The principle of application by the courts of the analogy of law was allowed in the absence of a specific rule in the law resolving a specific case.

Purpose of criminal law - the destruction of the class opponents of the proletariat and the coordination of its general actions aimed at achieving this goal.

The structure of the guidelines included an introduction and sections:

1) on criminal law;

2) on criminal justice;

3) about crime and punishment;

4) on the stages of the crime;

5) about complicity;

6) on the types of punishment;

7) on probation;

8) on the scope of criminal law.

The guiding principles were not divided into general and special parts.

Criminal law (in terms of guidelines) is "a system of legal norms aimed at protecting social relations that meet the principles of the working masses in the period of transition from capitalism to communism, through the use of repressive measures against criminals."

Crime - this is a violation of the order of social relations protected by criminal law.

The general repressive nature of the guiding principles led to the absence in it of any mention of the forms of guilt, the necessary defense, extreme necessity as circumstances affecting the nature and degree of responsibility of a person.

Punishment - these are coercive measures that ensure the legal order of social relations from its violators.

The principle of imposing criminal punishment: the court in this case had to take into account the degree and nature of the social danger of the offender, as well as the social affiliation of the offender ("belonging to the propertied class" or "poor") and the social orientation of the act ("in the interests of the oppressive class"), t i.e., criminal legislation was class-based.

The guiding principles also contained class mitigating circumstances.:

1) belonging to the "have-not class";

2) the state of hunger, need;

3) ignorance;

4) unconsciousness.

The punishment was also influenced:

1) the political or personal nature of the motives for the crime;

2) the degree of awareness by the criminal of his act;

3) complicity;

4) professionalism of the offender;

5) use of violence;

6) the object of the crime;

7) aggravating circumstances: motives of cruelty, malice, deceit, cunning, passion, frivolity and negligence.

Punishment system (by guiding principles): suggestion; public censure; compulsory study of the political literacy course; boycott; exclusion from the team; compensation for damage; removal from office; confiscation of property; deprivation of political rights; declaration "enemy of the people"; forced labor; deprivation of liberty; outlawing; shooting.

Measures of criminal punishment could be applied both administratively and extrajudicially by the bodies of the Cheka.

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

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