Offenses that infringe family rights of subjects...

3.2.17. Offenses that infringe the family rights of nationals

Misdemeanors encroaching on family rights, were defined art. 143-1441 of the Charter of Penalties. In general, such offenses were considered as crimes (see articles 1549-1560 of the Penal Code), as evidenced by the following.

Offense and punishment for it

Corresponding offense and punishment for it

Leaving the child in a helpless condition (Article 144) - arrest up to three months

Leaving the child in a helpless state in places where it can not be expected that he will be found (Article 1513) - forced labor in penitentiary detainees for a period of four to five years

Differentiation of the offense cited in the table for a crime and misdemeanor was possible in the presence of subjective (child's age) and objective (especially the place of committing an offense) criteria. In the Penal Code, the offenses under consideration were contained in two chapters - "Crimes infringing on family rights"; and "On the arbitrary abandonment of man in danger and failure to provide assistance to the perishing" (articles 1513-1522).

The Charter of Punishments combined these offenses into a group of misdemeanors encroaching upon family rights.

3.2.18. Offenses encroaching on property

Misdemeanors infringing on property represented the most numerous group of offenses, the manufacture of which was assigned to the jurisdiction of the world court (total 55 convicts, Chapter XIII of the Charter of Punishment).

The following data testify to the ratio of misdemeanors and crimes in the case of the secret abduction of another's property.

Misdemeanor's offense, punishable by the Charter

Crimes and punishments under the Penal Code

Theft of an item worth up to 300 rubles.

(Article 169) - imprisonment for a period of three to six months

The execution of the offenses specified in Art. 169, 172, noblemen, clergymen, religious and honorary citizens (Article 1656) - defeats and punishments provided by the Charter on punishments

Theft under aggravating circumstances (Articles 170 and 1701) - imprisonment for a term of six months to one and a half years

Stealing under mitigating circumstances (Article 171) - reduction of the term of imprisonment provided for in articles 169,170, by half

The attempted theft (Article 172) - reduction at the discretion of a justice of the peace term of imprisonment by half

Definition of theft in the Charter of punishment is absent, at the same time, according to Art. 1644 The Regulations on Punishments theft are recognized in any way, in any manner, secretly, without violence, threats, and in general without the property belonging to the property of robbery or robbery, kidnapping of other people's things, money or other movable property. "

Direct correlation of the offense under consideration is provided for by Art. 1656 Penalties. In the qualification of a crime or misdemeanor, the material expression of the theft was first of all taken into account. In this case, the qualification of the offense was possible if the value of the stolen property did not exceed 300 rubles. Taking into account the comparatively high purchasing power of the United States ruble before 1917, it is obvious that the material sign of theft as a misdemeanor under the Charter about punishments is incommensurable with the value of theft in the existing Code of Administrative Offenses (according to Article 7.27, embezzlement is considered small if the value of the stolen does not exceed 1000 rubles).

In the correlation of crimes and misdemeanors in the event of theft, objective criteria of the offense were also taken into account: the class affiliation of the offender was considered an aggravating circumstance, the sanction for the committed crime in this case was determined by Art. 169-172 of the Charter on punishments (depending on the objective side of the offense) and art. 1656 Penalties.

The Charter on punishments established special conditions for the qualification of circumstances that mitigate or aggravate the punishment, other than the list of such circumstances provided for in Art. 13, 14, 141, 15. In determining the punishment, the world court was guided by various legal criteria, depending on the type of misconduct. For example, in the case of theft, along with the circumstances aggravating and mitigating the guilt provided for in Art. 13-14 of the Charter on punishments, at the same time, special legal criteria were applied to determine these circumstances in accordance with Art. 170, 1701, 171 and 172 of the Charter. As a rule, the signs in question do not coincide: to the "circumstances that increase the wine", according to Art. 14, 141 and 16 of the Charter, the penalties relate mainly to subjective signs: the presence of intent, the counteraction of the offender to the proceedings in the case, the commission of an offense by prior conspiracy, and the like. Qualification of aggravating attributes under Art. 170 of the Charter of Punishment is based mainly on objective criteria, among them: committing a misdemeanor in the church, chapel, prayer house, public authorities ( in places), in a public place, at certain times of the day, etc. At the same time, not only the objective legal criteria were taken into account, but also the immorality of the offense. The aggravating signs included the deliberate infliction of burdensome property damage or moral damage (when the property necessary for the person to whom it belonged was stolen and the perpetrator knew this) or other actions incompatible with public morality (theft committed by persons , living with the victim, theft of hoteliers, etc.).

The Charter also provided for additional signs that aggravate the punishment - we mean different types of burglaries (clauses 1-3 of article 1701 of the Charter on punishments). Only under these circumstances, imprisonment could be imposed by the world court in the maximum amount - up to one and a half years. A direct correlation of misdemeanors and crimes is also provided for in Art. 1701 of the Charter on punishments, but it is extremely difficult to separate the offense from the crime, since the objective side of the offense coincides completely.

The offense provided for in Clause 1, Article. 1701 of the Charter of Punishment

Crime according to art. 1647 Penalties

Theft by hacking obstacles or constipation that prevents access to the courtyard, to the building or from one part of it to another, except as provided in Art. 1647 Penalties

Theft in the inhabited building or from its courtyard, or in the buildings in the courtyard, by hacking, obstructing access to the courtyard, to the inhabited building or from one part of it to another. "

An additional circumstance mitigating liability for theft is defined in Section 3, Art. 171 of the Charter (insignificant cost of stolen property - up to 50 kopecks); it is characteristic that two other circumstances (Article 171) are identical to those specified in Art. 13 of the Charter (compare paragraphs 1, 2 of Article 171 and clauses 3, 5 of Article 13). To the features of art. 169-172 of the Charter, the increase or reduction of the term of imprisonment for theft in fixed amounts: an increase in terms of up to one year (Article 170) or up to one and a half years (Article 171) with aggravating circumstances or a reduction in terms of halving (Article 171, 172 ).

Misdemeanor violations of the Charter of punishment and punishment for them

Crime and Punishment under the Penal Code

Measuring and weather-proofing at the purchase and sale, as well as other deceptions in the quantity or quality of the goods or in the calculation of payment, or when exchanging money, when the price of the stolen does not exceed 300 rubles. (Articles 173-176), - imprisonment for a period of one to three months, or in the case provided for in Art. 1761, - one to eight months

The fraud and fraud provided for in Articles 173-176 of the Charter of Punishment, in excess of 300 rubles. (Article 1666) - forced labor in correctional prison cells for a period of one to one and a half years (when the offense is committed for the first time), for a period of one and a half to two and a half years (if relapsed) or for a period of three and a half to four years (when committing a misdemeanment for the third time)

The fraud and fraud provided in Art. 173-176 of the Charter on punishments committed by noblemen, clergymen, monastics and honorary citizens, for an amount not exceeding 300 rubles. (item 1667) - defeat in the rights in addition to the punishments provided by art. 173-176 of the Charter

Direct correlation of offenses and crimes by the Charter on punishments is not established, it is provided only by the Penal Code (Article 1666, 1667), it also provides the definition of fraud ( any, through some deception committed kidnapping of other people's things, money or other movable property "- item 1665). As it is clear from the definition, fraud is a secret kidnapping of movable property by deception.

The property criterion distinguishing crime and misdemeanor is defined in the same amount as in the case of theft: it is characteristic that the amount of stolen property (300 rubles.) corresponds to the maximum fine imposed by magistrates.

When calculating the terms of punishment for fraud in the presence of mitigating circumstances, the same rules were applied as in case of theft (compare Articles 171 and 176 of the Charter on punishments), namely: the term of imprisonment was reduced by half. To aggravating circumstances, belonged to the offender's belonging to the privileged classes. The relevant cases in these cases were withdrawn from the jurisdiction of the world court and were examined in the general courts. With the recurrence of misdemeanors (or when causing damage in excess of 300 rubles.), This rule was applied to persons of other classes.

The most severe punishment was provided for fraud committed during the performance of the contract of property: imprisonment for up to one year and four months. At the discretion of the court, additional penalty could be imposed in the form of a fine, the maximum amount of which corresponded to the maximum amount of the monetary penalty imposed by magistrates.

In the case of fraud, a special criterion for calculating the penalty was applied - in the amount of a multiple of the value of property damage. However, this condition was rarely applied (only in three of the 18 types of fraud provided by the Charter on punishments).

The Charter of punishments imposed by magistrates, were provided only for certain types of offenses defined by the Penal Code on penal and correctional. In particular, cases of state crimes, murder, suicide, family affairs and many others have been withdrawn from the conduct of world justice.

Correlation of punishments under the Charter on punishments and on the Code of Punishments testifies to the actual delineation of offenses and crimes: identification of these varieties of the offense (see Article 1 of the Code) did not always happen - in four of the 11 sections of the Special Part of the Penal Code contains only the composition of crimes, while in the remaining sections both the composition of crimes and misdemeanors are simultaneously defined.

Punishments under the Charter about punishments were appointed for committing offenses, the concept of "crime" this codified act is not provided (in some cases, the Common Part mentions criminal acts). Thus, it is obvious that the only criterion for the difference in the offense under the Charter of Punishment and the Penal Code is the degree of public danger of misconduct and crimes.

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