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History of domestic state and law. Crime and punishment according to Russian Truth (the most important)

Lecture notes, cheat sheets

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CRIME AND PUNISHMENT ACCORDING TO RUSSIAN TRUTH

Criminal liability in Kievan Rus came after the infliction of "offense" and for "robbery" Old Russian criminal law (which is usual for antiquity) was characterized by causality (the desire to provide for all life situations).

Russkaya Pravda mentions crimes against a person, against private property, but there are no indications of state and some other crimes (probably, responsibility for their commission was established by other legislative acts or by princely arbitrariness). True, Yaroslav still allowed blood feud for the murder. Yaroslavichi replaced blood feud viroy (penalty for murder). The rest of the penalties were sale. Vira was paid only for the murder of free people. For the murder of privileged persons (boyars, firemen, etc.) a double penalty was imposed.

For cutting off a hand and, apparently, for the murder of women, half-virye. For the murder of a princely serf, a sale of 12 hryvnia was assigned, for the murder of a serf (and a smerd, although many researchers believe that the full vira was charged for the murder of a smerd) a sale of 5 hryvnia was assigned.

A sale was established for inflicting bodily harm (cutting off various parts of the body), for "torment" (it is not entirely clear what it is, perhaps beatings or torture).

Vira and sales, in all likelihood, went to the prince (through special virniks). In addition to the vira, “golovnichestvo” (monetary ransom) was paid to the family of the victim. Also, the perpetrator paid the doctor a "bribe" for the treatment of the victim.

Wild vira was paid by the verv (community) on the principle of mutual responsibility, in cases where the trace of the criminal ended in the given village, and also if the community member could not pay the vira. Apparently, the criminal, who could not pay the vir, was in for a flood and plunder.

Russian Pravda does not mention various forms of guilt, but takes into account the circumstances of the crime. So, in case of murder "in offense" the stipulated vira was assigned, and in case of murder "in robbery" - the highest penalty, i.e.

flow (corporal punishment or the sale of the guilty into slavery along with the family) and pillaging (confiscation of property of the guilty). Russian Truth did not provide for the death penalty, although it was practiced. At the same time, according to Russian Truth, a criminal could be killed at the scene of a crime in cases of killing an ognischan (princely servant) at the cage (after all, he was protecting not his own, but princely property), while stealing at night. But the murder of a thief in the daytime was already regarded as exceeding the limits of necessary defense.

Thefts were differentiated not by size, but by the type of stolen property.

On the verge of a crime and a civil offense were such actions as plowing the boundary and destroying boundary marks.

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