История государства и права России. Шпаргалка (самое важное)

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История государства и права России. Шпаргалка (самое важное)

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77. The Criminal Code of the RSFSR of 1922. The main principles of the criminal legislation of the USSR and the Union Republics of 1924. The Criminal Code of the RSFSR of 1926

Wide codification of the 20s. XNUMXth century affected the criminal law.

In 1922, the first Criminal Code of the RSFSR began to operate.

The structure of this normative act included: introduction; a common part; special part.

Crime (UK 1922) - a socially dangerous act or inaction that threatens the foundations of the Soviet system and the rule of law.

Grounds for criminal liability - guilt, which can be expressed both in the form of intent and in the form of negligence.

Purposes of punishment: educational, general and private prevention.

Justice in criminal cases has become the exclusive right of the courts.

The first place in terms of public danger belonged to state crimes: counter-revolutionary crimes, armed uprisings, invasion of the country, espionage, terrorist acts, etc.

There were other crimes:

1) against the order of management;

2) official, economic, property, etc.

Conditions for exemption from criminal punishment:

1) age of the offender - less than 14 years;

2) necessary defense.

In connection with the formation of the USSR in October 1924, the "Basic Principles of the Criminal Legislation of the USSR and the Union Republics" were adopted. And in 1926, on its basis, a new Criminal Code of the RSFSR.

Features of codification:

1) the all-Union Criminal Code had the highest legal force;

2) tightening of criminal legislation and penalties.

Punishments:

1) expulsion from the RSFSR for a term or indefinitely;

2) deprivation of liberty;

3) forced labor;

4) conditional sentence;

5) confiscation of property, etc.

Part of criminal offenses was regulated by special legislation, among which are:

1) Decree of the Central Executive Committee and Council of People's Commissars of the USSR "On the protection of property of state enterprises, collective farms and cooperation and the strengthening of public (socialist) property" of August 7, 1932. Public property (according to the Decree) is the basis of the Soviet system and is subject to special protection. Persons encroaching on public property are enemies of the people. Theft of public property was punished by execution with confiscation of property or, in the presence of mitigating circumstances, by imprisonment for a term of at least 10 years, but confiscation of property is mandatory;

2) Decree "On criminal liability for petty theft at work and for hooliganism" of the USSR PVS on August 10, 1940. Petty theft was punishable by imprisonment for at least a year;

3) Resolution of the Central Executive Committee and Council of People's Commissars of the USSR "On measures to combat juvenile delinquency." Set the age of criminal responsibility - 12 years for serious crimes (theft, murder, violence, physical injury). Established criminal responsibility for inciting or attracting minors to participate in crimes, for forcing them to engage in prostitution, speculation, begging;

4) Correctional Labor Code of the RSFSR of October 16, 1924

Penitentiary institutions:

1) for the application of corrective social protection measures;

2) for the application of measures of social protection of a medical and pedagogical nature;

3) for the application of measures of social protection of a medical nature.

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

<< Back: 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

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