82. Criminal and criminal procedure law in the 1930s

The main purpose of criminal law in the 1930s. - the fight against the most dangerous state crimes committed by class opponents of Soviet power, against crimes encroaching on socialist property, disrupting the normal work of industry and undermining labor discipline in the USSR, etc.

Principles of criminal procedure:

1) inviolability of the person;

2) publicity;

3) participation of the defense counsel and members of the public in the trial (only at the stage of the trial);

4) a comprehensive and objective examination of the circumstances of the case;

5) free evaluation of evidence by the court.

Stages of the criminal process:

1) initiation of a criminal case;

2) inquiry and preliminary investigation;

3) bringing to trial;

4) legal proceedings;

5) sentencing;

6) cassation hearing;

7) execution of the sentence.

Grounds for terminating a criminal case:

1) the death of the accused;

2) reconciliation of the parties (only in private cases);

3) expiration of the limitation period.

The peculiarity of the criminal procedural legislation in the 1930s. - Possibility of trial in absentia of criminal cases. In the 1930s the Criminal Code of the USSR, adopted on June 1, 1922, was in force.

A crime (according to the Criminal Code of 1922) is any socially dangerous action or inaction that threatens the foundations of the Soviet system and the rule of law.

Forms of guilt: intent and negligence.

Purposes of criminal punishment:

1) adaptation of violators to the conditions of a socialist hostel;

2) prevention of new crimes (general and private prevention);

3) depriving the offender of the opportunity to commit further crimes.

Criminal punishment could be imposed not only by the court (sentence), but also by other judicial bodies. The condition for release from punishment was the necessary defense. Persons under the age of 14 were not brought to criminal responsibility.

Types of punishment:

1) exile outside the RSFSR (for a fixed period or indefinitely);

2) deprivation of liberty (with or without strict isolation from society);

3) forced labor without detention;

4) conditional sentence;

5) confiscation of property (full or partial);

6) fine;

7) dismissal from office;

8) public censure and the imposition of the obligation to make amends for the damage;

9) the highest measure of punishment - execution.

First place among crimes occupied public. These included: counter-revolutionary crimes; armed uprisings; invasion of the territory of the country; espionage; terrorist acts, etc.

In addition, it was also mentioned crime:

1) against the order of management;

2) official, economic, property;

3) against the life, health, freedom and dignity of citizens;

4) military;

5) against public order and public safety.

Criminal penalties in the 1930s were executed in accordance with the Correctional Labor Code of the RSFSR of 1924, which regulated the activities of places of deprivation of liberty and the organization of forced labor, established the types of places of detention, institutions for the application social protection measures:

1) corrective character;

2) medical and pedagogical nature;

3) medical nature.

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

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