In May 1715 Peter I for the first time in the Russian Empire issued a military procedural criminal code, and it is called Warrior's article in 1715.
What is it
This article was developed by the emperor for the creation and management of the regular army.It consists of 24 chapters, which are divided into 209 articles, or as they are called - for the item.Each article was supplemented by the interpretations and explanations.They were included in the second part of the statute of Russian soldier.
In fact, article 1715 military - criminal law, code of laws providing for the punishment for a criminal offense.
The document was valid until the reign of Nicholas I, who created their own laws for military control.They called a code of laws.
main principles of the document
consider more Marking military in 1715 his brief response indicates that the basic principles of the content of this body of law are: criminal liability purpose of punishment, the concept of the atrocities, war crimes and the list, as well as the establishment of penaltiesfor them.The list includes many of the concepts:
- who is a criminal and that the offense;
- definition of necessary defense and extreme, as well as provisions on the punishment for their use;
- list of aggravating and mitigating circumstances;
- division crimes category;
- difference stages of the crime and the separate punishment for each of them.
As the document was created
When you create article Russian emperor many of the provisions borrowed from sources of foreign states.For example, the first article he used the Swedish Gustav Adolf 1683rd.Then he used the German imperial laws, statutes, Danish and Dutch rulers, as well as ordinances Louis XIV.The result has been significantly changed the system of penalties.
Military article was prepared in 1715 and the king personally approached the person of his cabinet (including the secretary Makarov), and the document was a compilation from various sources of foreign states.
To whom does the law
Military Article 1715, a general description of which indicates that it was the first in the history of the legislative body of criminal law that defines the direction of the law on war crimes.Such a document should be applied in military courts.In addition to soldiers and officers of jurisdiction could be the person in charge of the army.
However, in the article detailing the punishment for criminal acts of civilians - theft, rape, robbery, murder, so it is often used on the public courts.
main provisions of the document
Military Article 1715 defined the crime as a dangerous social act.The document indicates that "dangerous social action causes great harm to the state."The perpetrators were people who break the law.
offenses were divided into the following types: casual, reckless and intentional.Criminal liability was introduced in the commission of reckless or intentional crimes.They were divided into stages: intention, attempt, completed crime.The punishment became more severe from stage to stage.
These rules of law for the first time reflected in the legal documents.
Marking military 1715
its characteristics as a legal act specifies that the document contained such directions:
- for state crimes such as insulting the monarch, an assassination attempt, treason, rebellion and others established by law lightweight punishment as forintent.For this to punish intimidation, isolation criminal redress.
- crimes against the faith (chapters 1 and 2).These included: witchcraft, idolatry, blasphemy, religious rebellion, violation of ecclesiastical military ceremonies.Penalties were secular.The death penalty is also applied.
- political or public offense (Chapters 3, 6, 17).These included an armed rebellion, treason, the plan to kill the emperor, resentment against him, the capture of the monarch, the condemnation of the king's intentions and actions, opening a password, the negotiations with the enemy, on the strengthening of information.
What is punishable by death or hard labor
- military offenses (chapter: 4-15).This included various desertion and evasion of service.Punished departure to the galleys, whip shpitsrutenami.When the soldiers ran away from the battlefield, it is punishable by death.Hard was the punishment for the surrender of the fortresses, fortifications and for looting, especially during natural disasters.
- Crimes officers.These include embezzlement, bribery, self-serving abuse of power.Punished by hanging.
- Crimes against court control order.These included: the destruction and ripping decrees perjury, perjury.The penalty served hard labor and cut off two fingers.
- Counterfeiting and illegal minting of coins, the use of other metals, counterfeit seals and documents punishable by burning them alive.
- Crimes against peace, public order and decorum.These included fighting, maintenance of brothels, suspicious gatherings, harboring criminals, assigning nicknames false, obscene statements, chanting obscene songs.The penalty served the death penalty.
- Acts against the faith - witchcraft, idolatry, blasphemy, punishable by a painful death.
how to punish crimes against the person and property
punished for insulting human corporal punishment and given up to six months in prison.Libel punished as for a crime that is imputed accuser charges.
beheading punished homicide.It should be noted that suicide is also classified as a homicide.The bodies of suicides dragged through the streets and buried in a "dishonest" places.
In the section "Property crimes" (chapter 21) were:
- simple theft punishable by up to twenty rubles shpitsrutenami, hard labor or self-harm;
- stealing more than twenty rubles from the military or the church was seen as a qualified theft, for which he was punished by hanging or on the wheel;
- robbery without a weapon severely punished physically;
- robbery with a weapon called for the execution of the robber;
- careless arson awarded damages;
- arson is punishable by death.
These included men rape young men that was called "sodomy".The penalty is a reference to the galleys, the death penalty.For bestiality administered corporal punishment.During the rape of women were sent to the galleys in perpetuity, or is punishable by death.
Adultery is punishable by temporary hard labor or flogging.Everything depended on the circumstances of the case.The penalty was mitigated, if the husband forgave traitor.
According to church rules were punished bigamy.For incest (incest) is punishable by death.If a child born out of wedlock, the perpetrator of contained child and mother.In addition to all the above, provides for imprisonment and church penance.
main types of penalties that included a military Article 1715, were the following: fines, perpetual and term links, confiscation of property, corporal punishment, hard labor, imprisonment, deprivation of life.
death penalty, in turn, has been qualified and simple.By the simple execution included: shooting, beheading, hanging.For qualified execution included: burning, broken on the wheel, quartering, pouring molten metal in the throat.
Corporal punishment shared painful and chlenovreditelskie.Sanctions applied to painful beating shpitsrutenami, rods or whip, and to chlenovreditelskim - cutting off different parts of the body and causing the stigma.
in punishing the offender sent to hard labor for construction companies, fortifications, and the galleys.
Certain types of punishment existed for officers.For example, the resignation of the service, the arrest, demotion to private, forfeiture vacation or rank.And the most shameful considered civil death - a condition in which the accused was deprived of all rights in general.