9. Crime and punishment according to Russian Truth

Crime and punishment according to Russian Truth is the regulation of criminal and executive proceedings.

Features Russian Pravda: it consolidated class inequality in criminal law, the right of the strong, the right of the master, as well as the "fist" law.

Russkaya Pravda did not contain a definite concept of crime. It was characterized as an insult, that is, causing material, physical or moral damage to someone.

The subjects of the crime pray to be everything except serfs, since the legal status of the latter was defined as the property of masters. The owner of a serf could kill or maim him with impunity.

Fault according to Russian Truth as an element of the subjective side of the crime has not yet taken shape. There was no distinction between intent and negligence.

Criminal acts in Russian Pravda were determined not systematically, but casually, by examples.

Russkaya Pravda established responsibility for the commission of a crime by accomplices. Their responsibility was the same.

Types of crime according to Russian Truth.

1. Against the individual:

1) murder. The truth of Yaroslav still contained provisions on the admissibility of blood feud for murder, but if the murdered person did not find avengers or his relatives did not want to take revenge, then a monetary penalty was provided for the murder; later, Russian Truth banned blood feuds for murder and established for everyone, with the exception of the prince - the death penalty was imposed for his murder - differentiated fines according to the social status of the murdered: for the murder of privileged people - "princely husbands" (combatants, princely servants - "firemen" , "access"), a double criminal fine of 80 hryvnia was established; for citizens, merchants, swordsmen - 40 hryvnia; for a serf - 5 hryvnia.

Its types:

a) murder in a quarrel or at a feast;

b) murder in robbery (in this case, the most severe punishment was established - flood and plunder, i.e., turning the criminal and members of his family into slaves with confiscation of all property);

2) bodily injury (it could be expressed in inflicting wounds, cutting off an arm, a leg, depriving an eye; for causing bodily harm, a fine of 12 hryvnia was imposed, which was paid to the prince as a "lesson" in favor of the victim).

2. Crimes against honor or insults by action - pulling out the beard, mustache, pushing. They entailed a large fine - 12 hryvnia.

3. Against property. The peculiarity of the punishment for these crimes was that a rigidly differentiated responsibility was established for an attempt on the property of feudal lords and other persons; strict liability was established for damage to boundary signs, side trees (beekeepers), plowed boundaries, for setting fire to the yard and threshing floor, horse stealing - for the last crimes, the highest penalty was established - flood and looting.

There were no state crimes in those years.

Punishments for crimes against family relations and morality, church and faith were established by princely church charters. Such crimes were judged by God.

Types of punishment according to Russian Pravda:

1) revenge;

2) flood and plunder;

3) fine: vira; sale (in favor of the prince); lesson (reimbursement to the victim); golovnichestvo (assigned to the whole family).

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

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