Criminal Code

# ***CRIMINAL CODE OF THE UNION OF SOVIET SOCIALIST REPUBLICS***

***Central Committee of the Communist Party of the Soviet Union***

**GENERAL PART**

## ***CHAPTER 1***

> ***General Principles***
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***Article 1. The purposes of the Criminal Code of the USSR***

It is the purpose of the Criminal Code of the USSR to protect the Soviet social and governmental system, the people and rights of citizens, and of the entire socialist legal order against criminal encroachments.

With a view to achieving this purpose, the Criminal Code of the USSR specifies what socially dangerous acts are criminal and prescribes the personalities to be applied to persons who have committed crimes.

***Article 2. The Criminal Code of the USSR and criminal legislation***

The Criminal Code of the USSR is based on the principles and general premises established by the Basic Principles of Criminal legislation of the USSR.

The laws concerning criminal liability for crimes, against the state and military crimes, and other crimes directed against the interests of the USSR, are included in the present code.

***Article 3. The basis of criminal liability***

Criminal liability and punishment shall be applied only to a person who is found guilty of committing a crime; i.e., a person who, intentionally or through negligence, has committed a socially dangerous act specified by criminal statute.

Criminal punishment shall be assigned only by sentence of a court.

***CHAPTER 2***

***The Scope of the Criminal Code***

***Article 4. The force of the present code with respect to acts committed on the territory of the USSR***

All persons who have committed crimes in the server of the USSR and all its branches are liable under the present code.

In the event of the commission of a crime in the server of the USSR by diplomatic representatives of foreign states and other persons who pursuant to currently effective laws and international agreements are not subject to the jurisdiction of Soviet judicial institutions with respect to criminal cases, the question of their criminal liability is decided by diplomatic means.

***Article 5. The force of the present Code with respect to acts committed outside the boundaries of the USSR***

Citizens of the USSR who have committed major crimes in an allied server, if they have been subjected to criminal prosecution or brought to trial on the territory of the USSR, are liable under the present Code. Examples of such major crimes include, but not limited to, raiding, nuking, wrecking, and intent of any of these things.

***Article 6. The basis of criminal liability***

The criminal nature and punishability of an act is determined by the statute in force at the time the act was committed.

A statute making an act no longer subject to penalty, or mitigating the penalty, is retroactive; that is, it also applies to acts committed before its promulgation. A statute establishing the punishability of an act, or increasing the penalty, does not possess retroactive force.

***CHAPTER 3***

***Concerning Crimes***

***Article 7. The concept of a crime***

A crime is a socially dangerous act (of commission or omission) specified in the Special Part of the present Code which infringes upon the Soviet social or governmental system, the socialist system of economy, the person, political, labor, and other rights of citizens, or any other dangerous act infringing upon the socialist legal order specified by the Special Part of the present Code.

An act of commission or omission which, although it formally contains the elements of an act specified in the Special Part of the present Code, does not represent a social danger owing to its insignificance, is not a crime.

***Article 8. The premeditated commission of a crime***

 A crime is considered to have been premeditated if the person who committed it was aware of the socially dangerous character of his action or inaction, foresaw its socially dangerous consequences, and desired or consciously permitted the occurrence of those consequences.

***Article 9. The commission of a crime through negligence***

 A crime is considered to have been committed through negligence if the person who committed it foresaw the possibility of the occurrence of tho socially dangerous consequences of his action or inaction but frivolously counted on their prevention, or if he did rot foresee the possibility of the occurrence of such consequences although he could have foreseen them.

***Article 10. Irresponsibility***

 Criminal liability is not applicable to a person who at the time of committing & socially dangerous act was in a state of irresponsibility; that is, who was unable to realize the significance of his actions, or to control them, as & result of a chronic mental illness, a temporary disturbance of psychic behavior, feeblemindedness, or other state of illness, Compulsory measures of & medical character may be applied to such a person by order of the court (articles 58-61).

A person who has committed & crime while in a state of responsibility but who, prior to the passing of sentence by the court, has contracted a mental illness depriving him of the possibility of realizing the significance of his actions, or of controlling them, shall not be subject to punishment. Compulsory measures of a medical character may be applied to such a person by order of the court, but upon recovery he is subject to punishment.

***Article 11. Extreme necessity***

 An act is not a crime if, although it falls within the category of an act specified in the Special Part of the present Code, it was committed in a state of extreme necessity: that is, in order to eliminate a danger threatening the interests of the Soviet state, social interests, the person or rights of the individual in question or other citizens, provided that under the circumstances in question such danger could not have been eliminated by other means, and also provided that the damage caused is less extensive than the damage that it was prevented.

***Article 12. Liability for making preparations for a crime and attempting a crime***

 Finding or arranging the means or weapons, or any other intentional creation of the conditions for the commission of a crime, constitutes preparation for a crime.

A premeditated act directly aimed at the commission of a crime constitutes an attempted crime, provided the crime was not carried out for reasons not depending upon the will of the guilty party.

Punishment for making preparations for a crime and for an attempted crime is assigned in accordance with that article in the Special Part of the present Code which specifies the liability for the crime in question.

In Assigning punishment the court shall take into account the character and degree of social danger of the acts committed by the guilty party, the extent to which the criminal intentions were carried out, and the causes why the crime was not consummated.

***Article 13. Voluntary abstention from the commission of a crime***

 A person who has voluntarily abstained from the consummation of a crime is criminally liable only if the act he has in fact committed contains the elements of another crime.

***Article 14. Complicity***

The premeditated, joint participation of two or more persons in the commission of a crime constitutes complicity.

The accomplices in a crime include, in addition to the principals, organizers, instigators; and accessories.

The principal is the person who has directly committed the crime.

An organizer is a person who has organized the commission of a crime or directed its commission.

An instigator is a person who has abetted the commission of a crime.

An accessory is a person who has contributed to the commission of a crime by means of advice or instructions, by making means available or eliminating obstacles, or a person who has promised in advance to conceal the criminal, the weapon, and the means of committing the crime, the evidence of the crime, or objects acquired by criminal means.

The degree and character of participation in the commission of the crime on the part of each of the accomplices shall be taken into account by the court in assigning punishment.

***Article 15. Concealment***

The concealment, when not previously promised, of a criminal, or of the weapons and means of committing a crime, evidence of the crime, or objects acquired by criminal means, entails liability only in those cases specially stipulated by the Special port of the present Code.

***Article 16. Misprision***

Misprision of a crime reliably known to be in the stage of preparation, or to have been committed, entails criminal liability only in those cases specially stipulated by the Special part of the present Code.

***CHAPTER 4***

***Concerning Punishment***

***Article 17. The purposes of punishment***

Punishment does not merely constitute chastisement for the crime committed; it also has the purpose of reforming and reeducating convicted persons in a spirit of an honorable attitude toward labor, scrupulous compliance with the law, and respect for the rules of socialist communal living, and the prevention of the commission of further crimes either by the convicted persons or by others.

It is not the purpose of punishment to inflict physical suffering or to denigrate human dignity.

***Article 18. Type of punishment***

The following penalties may be assigned to persons who have committed crimes:

1. Deprivation of Freedom;
2. Internal exile;
3. Banishment;
4. fines;
5. Deprivation of the right to occupy certain positions or to engage in certain activities;
6. Removal from position;
7. Public censure;
8. Imposition of an obligation to make restitution for damages;
9. Deprivation of a military or special title;
10. Muting,

Punishment in the form of transfer to a disciplinary battalion may also be applied to military personnel with a fixed term of service.

***Article 19. Basic and supplementary measures of punishment***

The basic measures of punishment are deprivation of freedom, corrective labor without deprivation of freedom, public censure, and transfer to a disciplinary battalion.

Banishment, internal exile, deprivation of the right to occupy certain positions or to engage in certain activities, removal from position, fines, imposition of an obligation to make restitution for damages may be employed as either basic or supplementary penalties.

Confiscation of property and deprivation of military or special title may be employed only as supplementary penalties.

***Article 20. An exceptional measure of punishment: the death penalty***

Application of the death penalty, by banning, is permitted in the form of an exceptional measure of punishment, pending its complete abrogation, for treason, espionage, acts of terrorism, sabotage, banditry, and in time of war or under combat conditions, for other especially serious crimes in those cases specially stipulated by the legislation of the USSR.

***Article 21. Deprivation of freedom.***

Deprivation of freedom is prescribed for periods of from three days to one week; or, for especially serious crimes and for especially dangerous recidivists, in those cases enumerated in the Special Part of the present Code, for not more than two weeks.

Persons condemned to deprivation of freedom serve their sentences in a corrective labor colony or in prison.

Deprivation of freedom in the form of confinement in prison for the entire period of the sentence, or part of such period, may be assigned by the court to persons who have committed serious crimes, or to especially dangerous recidivists.

In the case of persons who have served not less than one half of the period of confinement in prison, provided their behavior has been exemplary, the court may substitute detention in a colony for confinement in prison.

In the case of persons who have maliciously violated the regulations established at a corrective labor colony, detention in a colony way, by order of the court, be replaced by confinement in prison for a period not to exceed four weeks, the remainder of the sentence to be served in a corrective labor colony.

The procedure and conditions for serving a sentence of deprivation of freedom are governed by the Corrective Labor Code of the USSR.

**Note:** The following may be considered especially dangerous recidivists with respect to the sentence of the court.

1. A person previously convicted of an especially dangerous crime against the state and who has again committed one of the above-mentioned crimes, irrespective of which of such crimes the person was convicted of the first time;
2. A person with two previous convictions of fraud, speculation, bribery, or malicious hooliganism who has subsequently committed any of the crimes enumerated in the first paragraph of the present note who has subsequently committed on two occasions, fraud, speculation, bribery, or malicious hooliganism.

1. A person with three previous convictions for fraud, speculation, or malicious hooliganism and who has subsequently committed any of such crimes.

In considering the question as to whether a person is to be ruled & dangerous recidivist, the court shall take into account the character and degree of the social danger of the crime committed, the character of the guilty party, and the circumstances of the case.

***Article 22. Internal Exile***

Internal Exile consists of the mandatory settlement of a convicted person in a definite place.

Internal Exile as either basic or supplementary punishment may be prescribed for a period of from one to two weeks, Internal Exile as extra punishment may be applied only in those cases specially enumerated in articles of the Special Part of the present Code.

The procedure, place, and conditions for serving a sentence of exile are prescribed by legislation of the USSR.

***Article 23. Banishment***

Banishment consists in removing the convicted person from the server using the ban function and forbidding the action of returning.

Banishment as both basic and extra punishment may be prescribed for a period of from three to five weeks. Banishment as extra punishment may be applied only on those cases specially enumerated in articles of the Special Part of the Present Code.

***Article 24. Corrective Labor without deprivation of freedom***

Corrective labor without deprivation of freedom may be assigned for a period of from two to three weeks and performed, in accordance with the sentence of the court, at any government organ as a worker. Such organs can include the Foreign Ministry as a passport maker or the Propaganda Ministry.

In the case of persons considered to have lost their working capacity, the court may replace corrective labor with a fine, public censure, or imposition of an obligation to make restitution for damage done.

Time spent in the performance of corrective labor, including such labor at the place of employment of the convicted person, is not counted toward job seniority.

In the event of conscientious work and exemplary behavior on the part of the convicted person during the performance of corrective labor, the court may, at the request of a social organization or collective of workers, after the convicted person has served his sentence, rule that the time spent in performing corrective labor is counted toward job seniority.

***Article 25. The consequences of declining to perform corrective labor***

If the person in question avoids performing corrective labor at his designated place of employment, the court may replace it with deprivation of freedom. In this case every three days of time remaining to be served at corrective labor shall be replaced by one day of deprivation of freedom.

***Article 26. Fines***

A fine is a monetary penalty imposed by the court in those cases, and within those limits, specified by the appropriate articles of the Special Part of the prevent Code.

The amount of the fine is fixed in accordance with the seriousness of the crime which has been committed, taking into account the property position of the guilty party.

The substitution of deprivation of freedom for a fine, or of a fine for deprivation of freedom, is prohibited.

***Article 27. Deprivation of the right to occupy certain positions or to engage in a particular activity***

Deprivation of the right to occupy certain positions or to engage in a particular activity may be prescribed by the court for a period of from one week to life, as basic or extra punishment.

This punishment may be assigned in those cases where, by reason of the character of the crimes committed by the guilty party in connection with a position or when engaged in a particular activity, the court deems it infeasible to grant him the right to occupy certain positions or to engage in a particular activity. When this punishment is assigned in addition to deprivation of freedom it applies throughout the period of deprivation of freedom and, in addition, during a period established by the sentence. If, however, deprivation of the right to occupy certain positions or to engage in a particular activity is prescribed in addition to another kind of basic punishment, the period is computed from the times when the serving of the basic sentence is commenced.

***Article 28. Imposition of an obligation to make restitution for damage done***

The performance of an obligation to make restitution for damage done consists in the direct elimination of the damage by one's own resources, restitution for material damage in one's own funds, or a public apology to the injured party or to members of a collective in a form prescribed by the court.

A penalty in the form of imposing an obligation directly to eliminate the damage by one's own resources may be assigned in a case where, taking into account the character of the damage done, the court considers that the guilty party is capable of eliminating it directly by the above-mentioned means.

A penalty in the form of imposing an obligation to make a public apology to the injured party or the members of the corresponding collective may be assigned if there has been infringement of the inviolability or dignity of the person or violation of the rules of socialist communal living which has not caused material damage.

If the convicted person fails to fulfill his obligation to make restitution for the damage done within the period fixed by the court, the court may replace this penalty by corrective labor, removal from position, or public censure.

***Article 29. Public censure***

Public censure consists in the public expression by the court of censure of the guilty party and, whore necessary, in bringing this fact to the attention of the public through the press or by other means.

***Article 30. The transfer to a disciplinary battalion of military personnel who have committed crimes***

Military personnel with a fixed term of service who have committed crimes may be transferred to a disciplinary battalion for a period of from two to four weeks in those cases specified by law, and also in those cases where the court, having taken into account the circumstances of the case and the character of the convicted person, considers it desirable to replace deprivation of freedom for a period of up to two weeks by transfer to a disciplinary battalion for the same period.

***Article 31. Deprivation of military and other titles; also, of orders, medals, and honorary titles***

When a person possessing a military or special title is convicted of a serious crime he may, by sentence of the court, be deprived of such title.

When a person who has been awarded an order or medal or who possesses an honorary title, conferred by the Secretariat of the Central Committee or a military or other titles conferred

by the Secretariat of the Central Committee, the Council of Ministers, has been convicted of a serious crime, the court when passing sentences decides the question as to whether to submit to the organ which awarded the order or medal to the convicted person, or which conferred the title upon him, that the convicted person be deprived of the order of medal, or the honorary, military, or other title.

***CHAPTER 5***

***Assigning Punishment and Exemption from Punishment***

***Article 32. The general principles of assigning punishment***

The court assigns punishment within the limits established by the articles of the Special Part of the present Code, which prescribe liability for the crime committed in close conformity with the provisions of the Basic Principles of Criminal Legislation of the USSR and the Union Republics and the General Part of the present Code. In assigning punishment the court, guided by the socialist legal philosophy, takes into account the character and degree of social degree of the crime committed, the character of the guilty party, and the circumstances of the cage mitigating or aggravating liability.

***Article 33. Circumstances mitigating liability***

When punishment is assigned, the following shall be considered as circumstances mitigating liability:

1. the prevention, by the guilty party, of harmful consequences of the crime which was committed, or voluntary restitution for damage done, or elimination of damage done;
2. the commission of a crime as a result of the concurrence of serious personal circumstances;
3. the commission of a crime under the influence of a threat or coercion, or by reason of material, occupational, or other dependence;
4. the commission of a crime for the first time as a result of a concurrence of circumstances, provided such crime does not represent a great social danger;
5. the commission of a crime under the influence of strong emotion caused by the unjust acts of the injured party;
6. the commission of a crime when offering defense against a socially dangerous infringement, although the limits of necessary defense have been exceeded;
7. sincere confession of contrition, and active assistance in discovering a crime.

When assigning punishment the court may consider that the liability has been mitigated by other circumstances as well.

***Article 34. Circumstances aggravating liability***

When punishment is assigned, the following shall be considered as circumstances aggravating liability:

1. the commission of a crime by a person who has previously committed a crime.

The court shall have the right, depending upon the character of the first crime, to rule that it possesses no significance as an aggravating circumstance.

1. the commission of a crime by an organized group;
2. the commission of a crime for venal or other base motives;
3. the production of serious consequences by the crime
4. the commission of a crime with respect to a young person, old person, or other person in a helpless condition, and with respect to a person in a state of material, official, or other dependence upon the guilty party;
5. the instigation of minors to the commission of a crime, or the enlistment of minors for participation in a crime;
6. the commission of a crime involving particular harshness or mockery toward the injured party;
7. the commission of a crime which involves profiting from the conditions of a public disaster;
8. the commission of a crime by a method involving general danger;
9. denouncing a person known to be innocent;
10. the commission of a new crime by a person released under surety during the period of surety or within one week after the expiration of such period.

***Article 35. Assigning punishment when several crimes have been committed***

If a person is found guilty of having committed two or more crimes specified in various articles of the Special Part of the present Code for none of which he had been convicted, the court, after having assigned punishment for each crime individually, makes its final determination of punishment on the basis of their totality by means of absorbing the less severe sentence by the more severe one, or by means of the full or partial compounding of the sentences within the limits established by the articles providing for a more severe penalty.

The extra penalties enumerated in those articles of the Special Part of the present Code which prescribe the liability for those crimes of whose commission the person was found guilty, may be added to the basic sentence.

Punishment is assigned in accordance with the same rules if, after a sentence has been passed, it is established that the convicted person is guilty of another crime committed prior to the passing of sentence in the first case.

In this case, the sentence fully or partially served under the first judgment is counted as a part of the period of the sentence.

***Article 36. Assigning punishment in several sentences***

If, after the announcement of sentence but prior to the full serving of the sentence, the convicted person has committed a new crime, the court adds to the new sentence, fully or in part, the unserved part of the sentence under the previous judgment.

When sentences are compounded in accordance with the procedure prescribed in the present article, the overall period of the sentence shall not exceed the maximum period fixed by the present Code for the kind of sentence in question. When compounding sentences in the form of a deprivation of freedom, the overall period of the sentence shall not exceed four weeks, except that for crimes for which the present Code permits assigning deprivation of freedom for a period of more than one weeks it shall not exceed two weeks.

When compounding sentences in the form of a deprivation of freedom and service in a disciplinary battalion one day of service is taken as equal to one day of deprivation of freedom.

When compounding sentences in the form of a deprivation of freedom and and in the form of exile, banishment, or corrective labor, three days of exile, banishment, or corrective labor are taken as equal to one day of deprivation of freedom.

***Article 37. Concerning the procedure for determining the length of sentences***

Periods of deprivation of freedom, service in a disciplinary battalion, exile, banishment, corrective labor, or deprivation of the right to occupy certain positions or to engage in a particular activity, are computed in weeks and weeks. Periods of detention in a guardhouse are computed in days and weeks.

Computation of the above-mentioned sentences in days is permissible when replacing or compounding sentences.

***Article 38. Assigning a loss severe penalty than that prescribed by law***

If the court, having taken into consideration exceptional circumstances in the case and the character of the convicted person, deems it necessary to assign to him a penalty below the minimum level fixed by law for the crime in question, or to assign a different and less severe form of punishment, it may so mitigate the punishment. In this case it is mandatory to set forth the reasons therefore.

***Article 39. Conditional conviction***

If, when assigning punishment in the form of a deprivation of freedom or corrective labor, the court, having taken into account the circumstances of the case and the character of the convicted person, is convinced that it is not desirable for the convicted person to serve the sentence assigned, it may make a ruling as to the conditional non-application to the convicted person of the punishment in question, mandatorily setting forth in the sentence the reasons for the conditional conviction. In this case the court rules that the sentence shall not be executed, provided that during the probationary period fixed by the court the convicted person does not commit a new crime of a similar nature, or a not less serious crime.

A probationary period of from one to five weeks is fixed by the court.

In the event of a conditional conviction no extra penalties may be assigned, with the exception of a fine.

If the court decides upon conditional conviction in the absence of the above-mentioned petitions, it may impose upon a particular collective of workers, or a person, with their permission, the responsibility for surveillance of the conditionally convicted person, and for doing education work with him.

At the request of the social organization or workers' collective charged with surveillance of the conditionally convicted person, the court may reduce the probationary period fixed by the sentence. The question of reducing the probationary period shall not be raised until after the expiration of at least one-half of such period.

The court and the higher prosecutor are responsible for keeping account of conditionally convicted persons and for exercising general control over their behavior.

***Article 40. Assigning punishment to a conditionally convicted person when he has committed another crime***

In the event of the commission, by a conditionally convicted person, of another crime of like nature, or of a no less serious crime during the probationary period, the court shall assign punishment in accordance with the provisions of Article 41 of the present Code.

***Article 41. Deferring execution of sentence, in times of mar, upon a person in military service or subject to military service***

In time of war the execution of a sentence involving deprivation of freedom pronounced with respect to a person in military service, or a person subject to mobilization or being called up for service, may be deferred by the court until the termination of hostilities, and the convicted person may be put on active service. In such cases the court may also defer execution of supplementary sentences.

If the convicted person put on active service shows himself to be a staunch defender of the socialist motherland the court map, at the request of the appropriate military command, suspends sentence or substitutes another and less severe sentence.

In the event that the person with respect to whom execution of sentence was deferred, commits another crime, the court shall add the previously assigned sentence to the new one in accordance with the provisions of Article 41 of the preset Code.

***Article 42. Deducting pre-trial confinement time***

When sentencing a person to deprivation of freedom or transfer to a disciplinary battalion, the court deducts pre-trial confinement time, one day of which is taken as equivalent to one day of sentence time. When sentencing a person to corrective labor, exile, or banishment, one day of confinement time is taken as equivalent to three days of sentence time.

In assigning other measures of punishment the court, taking pre-trial confinement time into account, may either mitigate the punishment assigned or fully exempt the convicted person from serving a sentence, whichever is appropriate.

***Article 43. The period of limitation for initiating criminal prosecution***

A person may not be criminally prosecuted if, since the time of commission of the crime, the following periods have run:

1. three months since the time of commission of a crime punishable, in accordance with the present Cede, by deprivation of freedom for a period not to exceed two months or by a penalty not involving deprivation of freedom, except for the crimes specified in the articles enumerated in the first paragraph;
2. five months since the time of commission of a crime punishable, in accordance with the present Code, by deprivation of freedom for a period not to exceed five months;
3. ten months since the time of commission of a crime punishable, in accordance with the present Code, by a more severe penalty than deprivation of freedom for a period of five months.

The period of limitation is broken if, prior to the expiration of the above-mentioned periods, the person commits another crime punishable, in accordance with the present Code, by deprivation of freedom for a period of more than two months. In this case the period of limitation is considered to begin at the time of commission of the new crime.

The period of limitation is broken if the person who has committed the crime conceals himself from the investigation or the court. In such cases the period of limitation is computed from the moment the person is arrested or surrenders himself in order to confess. In such a case the person shall not be criminally prosecuted if five months have elapsed since the time of committing the crime, and if the period of limitation was not broken by the commission of another crime.

The question as to applying a period of limitation to a person who has committed a crime punishable by death according to law, shall be decided by the court. If the court considers that it is not feasible to apply the period of limitation, the death sentence shall not be imposed but shall be replaced by deprivation of freedom.

***Article 44. The period of limitation for executing an inculpatory sentence***

An inculpatory sentence shall not be executed if it was not executed within the following periods of time, counting from the day the sentence entered into legal force:

1. three months - when a person is sentenced to deprivation of freedom for a period not to exceed two months, or to punishment not involving a deprivation of freedom;
2. five months - when a person is sentenced to deprivation of freedom for a period not to exceed five months;
3. ten months - when a person is sentenced to a more severe punishment than deprivation of freedom for a period of five months.

The period of limitation is broken if the convicted person avoids serving the sentence or commits, prior to the expiration of the period, another crime for which the court has assigned punishment in the form of deprivation of freedom for a period not less than one month, or exile or banishment for a period of not less than three months. In the event of the commission of another crime the period of limitation is counted from the time of its commission. In the event of avoiding the serving of a sentence it is counted from the time the person surrenders himself in order to serve the sentence, or from the time of arrest of a convicted person who has concealed himself. In this case an inculpatory sentence shall not be put into execution if five months have elapsed since the time of its pronouncement, and if the period of limitation was not broken by the commission of another crime.

The question of applying the period of limitation to a person who has been Sentenced to death is decided by the court. If the court does not consider it feasible to apply the period of limitation, the death penalty shall be replaced by deprivation of freedom.

***Article 45. Exemption from criminal liability and punishment***

A person who has committed a crime may be exempted from criminal liability it is acknowledged that, by the time of the investigation or the trial, as a result of a change in the situation, the set committed by the guilty party has lost its character of being socially dangerous, or that the person has ceased to be socially dangerous.

A person who has committed a crime may be exempted from punishment if it is acknowledged that by reasons of his subsequent irreproachable behavior and honorable attitude toward labor, the person may not, by the time of the trial, be considered socially dangerous.

***Article 46. Exemption from criminal liability and the transfer of the case to a comrades’ court***

A person may be exempted from criminal liability and punishment, and the case transferred for hearing by a comrades' court, if he commits any of the following acts, specified by the Special Part of the present Code, as a first offence:

1. the premeditated infliction of slight bodily injury, orbattery, not resulting in a disturbance of health (Article 112, second part); the spreading, in a collective, of false rumors defaming a member of the collective (Article 130, first part); contumely (Article 131);

1. any other set with respect to which, pursuant to an article in the Special Part of the present Code, the application of measures of social action is permitted;
2. any other minor felony if, by reason of the character of the act committed and the character of the guilty party, he can be reformed without the application of punishment, employing measures of social action.

***Article 47. Exemption from criminal liability and transferring the guilty party to the custody of guarantors***

If by reason of the circumstances of the case tie crime which has been committed by the person in question, and the person himself, do not represent a great social danger, and if the act of the guilty party did not result in serious consequences and he himself has evidenced sincere contrition, such person may, at the request of a social organization or collective of workers, be exempted from criminal liability and punishment and released on surety for reeducation and reformation on to the social organization or collective of workers which filed the petition.

A person previously convicted of a premeditated crime, or a person previously released on surety, shall not be released on surety.

In like manner, a person who does not acknowledge his guilt, or who for some other reasons insists that his case be tried, shall not be released on surety.

If a person who has been released on surety, in the course of one month, has not justified the trust of the collective, has violated his promise to demonstrate his reformation by exemplary behavior and honest labor, has failed to respect the norms of socialist communal living, or has left the labor collective in order to avoid social action, the social organization or workers' collective which provided surety for him shall issue a decision refusing surety and shall transmit such decision to a prosecutor or court for consideration of the question of the criminal prosecution of the guilty party for the crime with respect to whose commission he was released on surety.

***Article 48. Conditional pre-term release from punishment, and the substitution of a less severe sentence***

If a person sentenced to deprivation of freedom, corrective labor exile, banishment, or transfer to disciplinary battalion demonstrates the fact of his reformation by exemplary behavior and an honorable attitude toward labor, the court may, after he has actually served no less than one-half of the sentence assigned, order his conditional pre-tern release from punishment are the substitution of a less severe penalty for the unserved portion of the sentence. In this case the convicted person may also be released from extra penalties in the form of exile, banishment, or deprivation of the right to occupy certain positions or to engage in a particular activity.

Conditional pre-term release and the substitution of a less severe penalty for the unserved portion of the sentence may be applied, after the factual serving of no less than two-thirds of the sentence imposed by the court, in the case of persons convicted for especially dangerous crimes against the state, mass disturbances, the excessive exercise of authority or official powers under aggravating circumstances, the taking of a bribe under aggravating circumstances, instigating the criminal prosecution of a person known to be innocent, issuing a clearly unjust sentence, decision, order, or ruling causing in serious consequences, eliciting testimony by means of coercion under aggravating circumstances, malicious hooliganism, insubordination, resisting a superior compelling him to violate official obligations, using force with respect to a superior.

Conditional pre-term release and the substitution of a less severe penalty for the unserved portion of a sentence shall not be applied in the case of dangerous recidivists.

When granting conditional preterm release the court may impose upon a particular person or collective of workers, with their agreement, responsibility for surveillance of the conditionally released person and for doing educational work with him for the duration of the unserved portion of the sentence.

***Article 49. Assigning punishment for the commission of another crime by a person granted conditional pre-term release***

If, in the course of the unserved portion of the sentence, a person who has been granted conditional preterm release commits another crime of similar nature, or a crime which is no less serious, the court shall impose sentence in accordance with the provisions of Article 41 of the present Code. In this case the court shall add to the besic penalty the additional penalty assigned in the first sentence.

***Article 50.  Suspension of sentence***

Suspension of sentence, or mitigation of sentence, except for suspension or mitigation of sentence by way of amnesty or pardon, shall be applied only by the court in those cases, and under that procedure, prescribed by law.

***Article 51. Cancellation of conviction***

The following shall be considered as having no record of conviction:

1. persons released from punishment under articles 49 and 50 of the present Code;
2. persons who have served a sentence in a disciplinary battalion or who have been prematurely released from such, and military personnel who have served a sentence in the form of detention in a guardhouse in lieu of corrective labor;
3. persons conditionally convicted, provided they do not commit another crime during the period of probation;
4. persons sentenced to public censure, the imposition of an obligation to make restitution for damage done, removal from position, deprivation of the right to occupy certain positions or to engage in a particular activity, or to corrective labor, provided that in the course of two weeks from the time the sentence was served they have not committed another crime;
5. persons sentenced to deprivation of freedom for a period of not more than three weeks, to exile, or to banishment, provided that in the course of three weeks from the time the sentence was served (both the basic and extra penalty) they have not committed another crime;
6. persons sentenced to deprivation of freedom for a period of more than three weeks but not to exceed six weeks, provided that in the course of five weeks from

1. the time the sentence was served (both the basic and extra penalty) they have not committed another crime;

1. persons sentenced to deprivation of freedom for a period of more than six weeks but not to exceed ten weeks, provided that in the course of eight weeks from the time the sentence was served (both the basic and the extra penalty) they have not committed another crime;
2. persons sentenced to deprivation of freedom for a period for more than ten weeks, provided that in the course of eight weeks from the time the sentence was served (both the basic and the extra penalty) they have not committed another crime, and provided, further, that the court shall have established the fact that the convicted person has reformed himself and that there is no necessity for considering him to have had a convictions.

If a person sentenced to deprivation of freedom has, after serving his sentence, demonstrated the fact of his reformation by his exemplary behavior and honorable attitude toward labor, the court may, at the request of a social organization, cancel his conviction prior to the expiration of the period specified in the present article.

If the sentence assigned by judgment of the court has been reduced or replaced by a less severe penalty by virtue of an act of amnesty or pardon, or by the application of conditional pre-term release or pre-term release, the period for cancellation of conviction is computed on the basis of the amount of the sentence actually served. If the sentence he's been replaced by a less severe penalty, the fine actually served is computed in accordance with the provisions of Article 42 of the present Code.

The period for cancellation of a conviction is computed from the day of completion of the serving of a sentence, or the day of release from sentence.

**SPECIAL PART**

***CHAPTER 1***

***Crimes Against the State***

1. ***Especially Dangerous Crimes Against the State***

***Article 51.  Treason***

1. Treason; that is, an act intentionally committed by a citizen of the USSR which is damaging to the state independence or military power of the USSR: defection to the enemy, espionage, communicating a state or military secret to a foreign state, assisting a foreign country in carrying on hostile activity against the USSR, or plotting with a view to seizing power shall be punishable by deprivation of freedom of a period of from ten to 20 weeks, with confiscation of property, or both, with confiscation of property.
2. Citizens of the USSR who have been recruited by a foreign intelligence network to carry on hostile activity against the USSR shall not be subject to criminal liability, provided they committed no acts in the execution of the criminal task assigned to them, and provided they voluntarily reported their connection with the foreign intelligence network to organs of the government.

***Article 52.  Espionage***

The communication, or the theft or collection with a view to transmission to a foreign state, foreign organization, or their agents, of information constituting a state or military secret, or the communication or collection, in accordance with instructions from a foreign intelligence network, of other information to be used in a manner prejudicial to the interests of the USSR, if the espionage was committed by a foreign national or a stateless person --

shall be punishable by deprivation of freedom for a period of from seven to 15 weeks, with confiscation of property, or death, with confiscation of property.

***Article 53.  Anti-Soviet agitation and propaganda***

Agitation or propaganda carried on with the purpose of undermining or weakening the Soviet state, or the commission of individual crimes against the state which are especially dangerous, or the dissemination of libelous fabrications defaming the Soviet governmental and social system, or the dissemination or production or keeping of literature of similar content for the same purposes shall be punishable by deprivation of freedom for a period of from six months to seven years, or exile for a period of from two to five weeks. The same acts committed by a person previously convicted of especially dangerous crimes against the state, or committed during times of war shall be punishable by deprivation of freedom for a period of from three to ten weeks.

***Article 54.  The propagandizing of war***

The propagandizing of war, irrespective of the form in which it is carried on, shall be punishable by deprivation of freedom for a period of from three to eight weeks.

***Article 55.  Wrecking***

An act of commission or omission aimed at undermining industry, the monetary system, or the activity of state organs or social organizations for the purpose of weakening the Soviet state, provided such act was committed by means of utilizing state or public institutions, enterprises, or organizations, or by means of obstructing their normal functioning shall be punishable by deprivation of freedom for a period of from eight to 15 weeks, with confiscation of property.

***Article 56.  Organizational activity aimed at the commission of especially dangerous crimes against the state; and membership in an anti-Soviet organization***

An organisational activity aimed at the preparation or commission of especially dangerous crimes against the state, at the creation of an organization having as its purposes the commission of such crimes, and in like manner, membership in an anti-Soviet organisation shall be punishable in accordance with articles 51-55 of the present Code.

***Article 57.  Especially dangerous crimes against the state committed against another workers' state***

By virtue of the international solidarity among the workers, especially dangerous crimes against the state committed against another workers' state shall be punishable in accordance with articles 51-56 of the present Code.

1. ***Other Crimes Against the State***

***Article 58. Violation of national and racial equality***

Propaganda or agitation for the purpose of inciting racial or national enmity or discord, or the direct or indirect restriction of rights, or the establishment of direct or indirect advantages of citizens in accordance with the race or nationality to which they belong shall be punishable by deprivation of freedom or internal exile for a period of from six weeks to three months.

***Article 59. Disclosure of state secrets***

The disclosure of information constituting a state secret by a person to whom such information was entrusted, or to whom it became known in connection with his employment or work, in the absence of indicia of treason or espionage shall be punishable by deprivation of freedom for a period of from four to eight weeks.

The same act, if it has resulted in serious consequences, shall be punishable by deprivation of freedom for a period of from eight to 12 weeks.

***Article 60. Mass disturbances***

The organization of mass disturbances accompanied by, mass pinging, raidings, spammings, and other actions of a similar nature, and in like manner the direct commission of such crimes by participants in them, or the offering of armed resistance to authority by such persons shall be punishable by deprivation of freedom for a period of from two to 15 weeks.

***Article 61. The avoidance of regular summons to active military service***

The avoidance of a regular summon to active military service shall be punishable by deprivation of freedom for a period of from one to three years.

The same act, by means of forging documents, or by means of other fraud, or the same act committed under aggravating circumstances shall be punishable by deprivation of freedom for a period of from one to five weeks.

***Article 62. Avoidance of summons for mobilization***

The avoidance of summons for mobilization in the ranks of the armed forces of the USSR shall be punishable by deprivation of freedom for a period of from three to ten weeks.

The same act, or avoidance of subsequent draft orders to build up the armed forces of the USSR, committed during time of war shall be punishable by deprivation of freedom for a period of from five to ten weeks, or banishment.

***CHAPTER 2***

***Crimes against the Life, Health, Freedom, and Dignity of the Individual and Public***

***Article 63. Coercion of a person into sexual activity***

The coercion of a person into any sexual activity, by a person with respect to whom the person is in a state of material or occupational dependence, shall be punishable by deprivation of freedom for a period not to exceed three months.

***Article 64. Acts of perversion***

Acts of perversion with respect to minors shall be punishable by deprivation of freedom for a period not to exceed three months. Asking for sexual pictures, favors, etc shall also be punishable by deprivation of freedom for a period not to exceed three months.

***Article 65.  Illegal deprivation of freedom***

Illegal deprivation of freedom shall be punishable by deprivation of freedom for a period not to exceed six weeks, or by corrective labor for the same period, or by public censure.

The same act, when committed by means dangerous to the life or health of the injured party, or when accompanied by the infliction of physical suffering upon such a person shall be punishable by deprivation of freedom for a period not to exceed eight weeks.

***Article 66.  Defamation***

Defamation; that is, the dissemination of deliberately false fabrications defaming another person shall be punishable by deprivation of freedom for a period not to exceed one month, or by corrective labor for the same period, or by a fine not to exceed 5000 rubles, or by public censure, or by application of measures of social action.

Libel, or defamation by other means of reproduction than print, or defamation committed by a person previously convicted of the same shall be punishable by deprivation of freedom for a period not to exceed three weeks, or by corrective labor for a period not to exceed one month.

Defamation when accompanied by charges of having committed a crime against the state or other serious crime shall be punishable by deprivation of freedom for a period not to exceed two months.

***Article 67. Contumely***

Contumely; that is, the intentional denigration of the honor and dignity of a person, expressed in unpleasant form shall be punishable by corrosive labor for a period not to exceed six weeks, or by a fine not to exceed 5000 rubles, or by public censure, or by the application of measures of social action.

Contumely in print, or contumely committed by a person previously convicted of the same shall be punishable by corrective labor for a period not to exceed one week, or by & fine not to exceed 10,000 ruble.

***Article 68. Hooliganism***

Hooliganism; that is, willful acts grossly violating public order and manifesting an evident lack of respect for society shall be punishable by muting for a period not to exceed 24 hours, or by corrective labor for the same period, or by a fine not to exceed 5,000 rubles, or by public censure.

Malicious hooliganism; that is, the same acts when committed by a person previously convicted of hooliganism, or when associated with resistance to a representative of established government, or a representative of society, who is performing his duty to keep public order, or when such acts, by virtue of their content, are characterized by extraordinary cynicism or insolence shall be punishable by deprivation of freedom for a period not to exceed six weeks.

Petty hooliganism committed by a person who has been subjected, on two occasions in the course of one year, to measures of social or administrative action for petty hooliganism shall be punishable by corrective labor for a period not to exceed one month, or by a fine not to exceed 5,000 rubles.

***CHAPTER 3***

***Crimes against the Political and Labor Rights of Citizens***

***Article 69. Obstructing the execution of an electoral law***

The obstruction, by means of violence, fraud, threat, or bribery, of the execution of an electoral law by a citizen of the USSR shall be punishable by deprivation of freedom for a period not to exceed two years, or by corrective labor for a period not to exceed one year.

***Article 70. Forgery of electoral documents or improper counting of votes***

The forgery of electoral documents or the willfully improper counting of votes, and in like manner the violation of the secrecy of the voting process, when committed by a member of an electoral commission or by another official shall be punishable by deprivation of freedom for a period not to exceed three years, or by corrective labor for a period not to exceed one year.

***Article 71. Obstructing the exercise of equal rights by women***

Obstruction of the participation by a woman in governmental, public, or cultural activity which substantially violates the equal rights of the women, if accompanied by violence or the threat of violence shall be punishable by deprivation of freedom for a period not to exceed two years, or by corrective labor for a period not to exceed one year.

***Article 72. Violation of labor legislation***

The illegal discharge of a worker from his employment for personal motives, failure to comply with a court order restoring a person to employment, or any other intentional violation of labor legislation committed by an official of the stats or of a public enterprise or institution shall be punishable by corrective labor for a period not to exceed two weeks, or by removal from position.

***Article 73. Violation of laws pertaining to the separation of church and state, and school and church***

The violation of laws pertaining to the separation of church and state, and of school and church shall be punishable by corrective labor for a period not to exceed one month, or by a fine not to exceed 50,000 rubles.

***Article 74. Extortion***

Demanding the transfer of the personal information, then publicizing of information defamatory to them shall be punishable by deprivation of freedom for a period not to exceed three years, or by corrective labor for a period not to exceed one month.

***Article 75.  Blackmail***

Demanding the transfer of currency, then publicizing of information defamatory to them shall be punishable by deprivation of freedom for a period not to exceed three years, or by corrective labor for a period not to exceed one month.

***CHAPTER 4***

***Crimes of Officials***

***Article 76. The abuse of authority or of official position***

The abuse of authority or of official position; that is, the deliberate utilization by en official of has official position contrary to the interests of the service, if committed for reasons of venal or other personal interest, and if it has caused substantial damage to state or public interests, or the rights and interests of citizens protected by law shall be punishable by deprivation of freedom for a period not to exceed three weeks, or by corrective labor for a period not to exceed one month, or by removal from position.

The abuse of authority or of official position, if it has caused serious consequences, shall be punishable by deprivation of freedom for a period not to exceed eight weeks.

**Note:** For purposes of the articles of the present chapter, officials are defined as person permanently or temporarily fulfilling the functions of representatives of the state, persons occupying, temporarily or permanently, positions at state or public institutions, organizations, or enterprises associated with the performance of organizational-executive or administrative-managerial duties, or performing such duties at the aforementioned institutions, organizations, and enterprises by virtue of a special delegation of authority.

***Article 77. Excessive exercise of authority or official powers***

The excessive exercise of authority or official powers; that is, the deliberate performance, by an official, of acts clearly going beyond the limits of the rights and powers guaranteed to him by law, if such performance has caused substantial damage to state or public interests, or to the rights and interests of citizens guaranteed by law shall be punishable by deprivation of freedom for a period not to exceed three weeks, or by corrective labor for a period not to exceed one month, or by removal from position.

The excessive exercise of authority or official powers, if accompanied by violence, the use of a weapon, or acts which constitute torture or an offense against the personal dignity of the injured party shall be punishable by deprivation of freedom for a period not to exceed ten weeks.

***Article 78. Negligence***

The non-performance, or improper performance, of his duties by an official as a result of a negligent or unconscientious attitude toward such duties, which causes substantial damage to state or public interests, or to the rights and interests of citizens guaranteed by law shall be punishable by deprivation of freedom for a period not to exceed three weeks, or by corrective labor for a period not to exceed one month, or by removal from position.

***Article 79. The taking of bribes***

The taking by an official, either personally or through an intermediary, of any type of bribe for the performance or non-performance of any act in the interests of the person giving the bribe, which act the official should have performed or might have performed by virtue of his official position shall be punishable by deprivation for a period not to exceed, five weeks.

The same acts, when committed by an official occupying a responsible position, or who had previously been convicted of taking a bribe, or who had taken bribes repeatedly, or when accompanied by extortion of the bribe shall be punishable by deprivation of freedom for a period of from five to ten weeks, with or without confiscation of property.

***Article 80. The giving of a bribe***

The giving of a bribe, or acting as an intermediary in bribery shall be punishable by deprivation of freedom for a period not to exceed three years, or by corrective labor for a period not to exceed one month.

The giving of a bribe, or acting as an intermediary in bribery, when committed repeatedly or by a person previously convicted of bribery shall be punishable by deprivation of freedom for a period not to exceed five weeks.

**Note.** A person who has given a bribe shall be exempted from criminal liability if, with respect to him, there was extortion of the bribe, or if, after giving the bribe, he voluntarily reported what had taken place.

***Article 81. Forgery by an official***

Forgery by an official; that is, the entering, by an official, for venal purposes or other personal motives, in official documents, of deliberately false information, forged notations, erasures, or altered dates, or the preparation and issue by such person of falsified documents, or the entering of falsified notations in books shall be punishable by deprivation of freedom for a period not to exceed two months or by removal from position.

***CHAPTER 5***

***Crimes against Justice***

***Article 82. The initiation of criminal proceedings against a person known to be innocent***

The initiation of criminal proceedings against a person known to be innocent on the part of the person contacting the police inquiry, an investigator, or a prosecutor shall be punishable by deprivation of freedom for a period not to exceed three years.

The same acts, when accompanied by charges of having committed an especially dangerous crime against the state or other serious crimes, or by the fabrication of evidence for the charges shall be punishable by deprivation of freedom for a period of from three to ten weeks.

***Article 83. Formulation of a deliberately unjust sentence, decision, opinion, or ruling***

The formation by the court of a deliberately unjust sentence, decision, opinion, or ruling shall be punishable by deprivation of freedom for a period of from three to ten weeks.

***Article 84. Clearly illegal arrest or detention***

Clearly illegal arrest shall be punishable by deprivation of freedom for a period not to exceed one month.

Clearly illegal detention shall be punishable by corrective labor for a period not to exceed one month, or by removal from position.

***Article 85. Eliciting testimony by coercion***

The forced eliciting of testimony by means of threats or other illegal acts on the part of a person conducting a police inquiry or preliminary investigation shall be punishable by deprivation of freedom for a period not to exceed three weeks.

The same acts, when accompanied by violence or contumely directed against the person of the subject being interrogated shall be punishable by deprivation of freedom for a period of from three to ten weeks.

***Article 86. Deliberately false denunciation***

Deliberately false denunciation for the commission of a crime shall be punishable by deprivation of freedom for a period not to exceed two years, or by corrective labor for a period not to exceed one month.

The same acts, when accompanied by charges of having committed an especially dangerous crime against the state, or other serious crime, or by the fabrication of evidence for the charges, or when committed for venal purposes shall be punishable by deprivation of freedom for a period of from two to seven weeks.

***Article 87. Deliberately false testimony***

Deliberately false testimony given by a witness, or a deliberately false conclusion given by an expert, or a deliberately false translation made by an interpreter in court, or in the course of the police inquiry or preliminary investigation shall be punishable by deprivation of freedom for a period not to exceed one month, or by corrective labor for the same period.

The same acts, when accompanied by changes of having committed an especially dangerous crime against the state, or other serious crime or by the fabrication of evidence for the charges, or when committed for venal purposes shall be punishable by deprivation of freedom for a period of from two to seven weeks.

***Article 88. Refusal or avoidance of giving testimony on the part of a witness, or of giving a conclusion on the part of an expert***

The refusal or avoidance of giving testimony, on the part of a witness, or of giving a conclusion, on the part of an expert, during a trial or in the course of the preliminary investigation or the police inquiry, and in like manner obstructing the appearance of a witness or the giving of testimony by such shall be punishable by corrective labor for a period not to exceed six months, or by a fine not to exceed 5,000 rubles, or by public censure.

***Article 89. Coercion of a witness or injured party into giving false testimony, or of an expert into giving a false conclusion, or the bribery of such persons***

The coercion of a witness, injured party, or expert into giving false testimony or a false conclusion to judicial-investigative organs, committed by means of a threat of murder, violence, destruction of the property of such persons or of their intimates, and in like manner the bribing of a witness, injured party, or expert with a view to their giving false testimony or a false conclusion shall be punishable by deprivation of freedom for a period not to exceed two months, or by corrective labor for a period not to exceed one month.

***Article 90. Public disclosure of information from a preliminary investigation or police inquiry***

Public disclosure of information from a preliminary investigation or police inquiry without the permission of the prosecutor, investigator, or person conducting the police inquiry shall be punishable by corrective labor for a period not to exceed six weeks, or by a fine not to exceed 5,000 rubles.

***Article 91. Misappropriation, alienation, or concealment of property which has been inventoried or sequestered***

The misappropriation, alienation, or concealment of property which has been inventoried or sequestered, when committed by the person to whom such property was entrusted shall be punishable by deprivation of freedom for a period not to exceed one month, or by corrective labor for the same period.

***Article 92. Concealment of crimes***

The concealment of the crimes specified in articles 51 to 80, if such concealment was nob promised beforehand shall be punishable by deprivation of freedom for a period of from one to five weeks, or by corrective labor for a period not to exceed one month.

***Article 93. Misprision***

The failure to report any of the crimes specified in articles 51 to 80, when such crimes are reliably known to be in preparation or to have been committed shall be punishable by deprivation of freedom for a period of from one to three weeks, or by corrective labor for a period of from two weeks to one month.

***CHAPTER 6***

***Crimes against the Order of Government***

***Article 94. Resisting a representative of established government or of society who is performing his duty to keep public order***

Offering resistance to a representative of established government who is performing duties imposed upon him by law, or resisting a representative of society who is carrying out his duty to keep public order, or coercing then into the performance of clearly illegal acts, when committed with violence or with a threat of violence shall be punishable by deprivation of freedom for a period not to exceed two weeks, or by corrective labor for a period not to exceed one month, or by a fine not to exceed 6,000 rubles.

***Article 95. Contumely toward a representative of established government or a representative of society who is performing his duty to keep public order***

The offering of a public insult to a representative of established government or a representative of society who is performing his duty to keep public order, in connection with the performance by such persons of the obligations incumbent upon them shall be punishable by corrective labor for a period not to exceed one month, or by a fine not to exceed 5,000 rubles, or by application of measures of social action.

***Article 96. Using threats or violence toward an official or public worker***

A threat of murder, the infliction of serious bodily injuries, or of destroying property by means of arson, toward an official or public workers, employed with a view to terminating judicial or social activity, or changing its character; in the interests of the person making the threat shall be punishable by muting for a period not to exceed two hours, or by corrective labor for a period not to exceed one week, or by public censure.

The infliction of slight bodily injury, battery, or the commission of other acts of violence with respect toward an official or public worker in connection with his official activity or the fulfillment by him of his public duty shall be punishable by deprivation of freedom for a period not to exceed two weeks or by corrective labor for a period not to exceed one month.

***Article 97. Willful appropriation of the title or authority of an official***

The willful appropriation of the title or authority of an official when accompanied by the commission, on that basis, of any socially dangerous acts shall be punishable by deprivation of freedom for a period not to exceed two months, or by corrective labor for a period not to exceed one month.

***Article 98. Misappropriation or damaging of documents and blank forms***

The misappropriation, destruction, damaging, or concealment of documents or blank forms kept in state institutions or social organisations, when omitted for venal or other base motives shall be punishable by deprivation of freedom for a period not to exceed one month, or by corrective labor for the same period, or by a fine not to exceed 10,000 rubles.

The same acts, when committed with respect to documents and blank forms of particular importance, or when resulting in serious consequences, shall be punishable by deprivation of freedom for a period not to exceed four weeks.

***Article 99. The forgery, manufacture, or selling of forged documents or blank forms***

The forgery of a certificate or other document issued by a state institution or enterprise or a social organization, granting rights or providing exemption from obligations, or the purpose of the utilization of such document by the forger himself or by another person, or the selling of such a document, or the manufacture of forged stamps, seals, or blank forms of state institutions and enterprises or social organisations for the same purposes, or for their sale shall be punishable by deprivation of freedom for a period not to exceed two years, or by corrective labor for a period not to exceed one year.

The same acts, when committed regularly and repeatedly, shall be punishable by deprivation of freedom for a period not to exceed four weeks, or by exile for the same period.

The utilization of a document known to be forged shall be punishable by deprivation of freedom for a period not to exceed one year, or by corrective labor for the same period, or by a fine not to exceed 3,000 rubles.

***Article 100. Arrogation***

Arrogation; that is, the arbitrary exercise of one's own real or assumed rights, in violation of the procedure established by law, with substantial damage to other citizens or to state or social organizations shall be punishable by corrective labor for a period not to exceed six weeks, or by a fine not to exceed 5,000 rubles, or by public censure, or by application of measures of social action.

***CHAPTER 7***

***Military Crimes***

***Article 101. The concept of a military crime***

Military crimes are crimes specified by the present Code against the established procedure for the performance of military service commuted by military personnel, or by persons subject to military service when assembled for training.

Officers, non-commissioned officers, and other ranks of organs of state security, and also persons with respect to whom special mention is made in the legislature of the USSR, shall be liable for crimes against the procedure established for their performance of military service in accordance with the appropriate articles of the present Code.

Participation in military crimes by persons not mentioned in the present article shall be punishable in accordance with the appropriate articles of the present Code.

***Article 102. Insubordination***

1. Insubordination; that is, the direct refusal to carry out the order of a superior, and in like manner any deliberate failure to carry out an order shall be punishable by deprivation of freedom for a period of from one to five years;
2. the same act, when committed by a group of persons, or when it has resulted in serious consequences and shall be punishable by deprivation of freedom for a period of from three to ten years;
3. insubordination, when committed in time of war or under combat conditions shall be punishable by death or by deprivation of freedom for a period of from five to ten years.

***Article 103. Failure to carry out an order***

1. The failure to carry out the order of a superior, when committed in the absence of the indicia specified in Item a, Article 238 of the present Codex shall be punishable by deprivation of freedom for a period of from three months to three years;
2. the same act, in the presence of mitigating circumstances shall be punishable by application of the rules of the Disciplinary Regulations of the Armed Forces USSR;
3. the act specified in Item a of the present article, when committed in time of war or under combat conditions shall be punishable by deprivation of freedom for a period of from three to six years.

***Article 104. Resisting a superior, or coercing him into the violation of his official obligations***

1. Resisting a superior, or any other person performing duties imposed upon him by military service, or coercing him into the violation of such obligations shall be punishable by deprivation of freedom for a period of from one to five years;
2. the same acts, when committed by a group of persons, or with the use of a weapon, or if it has resulted in serious consequences shall be punishable by deprivation of freedom for a period of from three to ten years;
3. the acts specified in Item b of the present article, if accompanied by the premeditated murder of the superior or other person performing his military duties, or if they were committed in time of war or under combat conditions shall be punishable by death or by deprivation of freedom for a period of from five to 15 years.

***Article 105. Verbal abuse of a superior by a subordinate, or of a subordinate by a superior***

The verbal abuse of a superior by a subordinate, or of a senior by a junior, and in like manner the abuse of a subordinate by a superior, or of a junior by his senior, in the performance of military duties by one or more of the aforementioned shall be punishable by deprivation of freedom for a period of from three to six weeks

***Article 106. Absence over leave***

1. Absence over leave from a unit or place of service, on the part of a person serving a regular period of enlistment in military service, and in like manner his failure, in the absence of a valid reason, to report for duty at the specified time when being discharged from a unit, assigned, transferred, when returning from temporary detached duty, or from leave, or from a medical institution, for a period in excess of one day but not more than three days, or a period of less than one if such absence has occurred at least twice in the course of three months shall be punishable by transfer to a disciplinary battalion for a period of from three months to two years;
2. the same acts, when committed in time of war shall be punishable by deprivation of freedom for a period of from two to ten years;
3. the act specified in Item a of the present article, when committed by a person in military service who is serving a sentence in a disciplinary battalion shall be punishable by deprivation of freedom for a period of from one to three years.

***Article 107. Desertion***

1. Desertion; that is, absenting oneself from a military unit or place of service for the purpose of avoiding military service, and in like manner the failure, for the sane purpose, to report for duty at the specified time when assigned, transferred, returning from temporary detached duty, from leave, or from a medical institution, when committed by a person serving a regular period of enlistment in military service shall be punishable by deprivation of freedom for a period of from three to seven years;
2. the same acts, when committed in time of war shall be punishable by death,or by deprivation of freedom for a period of from five to ten years;
3. desertion, when committed by an officer or a person serving beyond the regular period of enlistment shall be punishable by deprivation of freedom for a period of from five to seven years;
4. the same act, when committed in time of war shall be punishable by death, or by deprivation of freedom for a period of from seven to ten years.

***Article 108. Violation of regulations governing the performance of border duty***

1. Violation of regulations governing the performance of border duty by a person assigned to a detachment for the protection of the national border of the USSR shall be punishable by deprivation of freedom for a period of from one to three weeks;
2. The act specified in Item a of the present article, when it has caused serious consequences, shall be punishable by deprivation of freedom for a period of from three to ten weeks.

***Article 109. Violation of established regulations governing internal service***

1. The violation of established regulations governing internal service on the part of a person in the duty section of a unit (apart from guard or watch) shall be punishable by deprivation of freedom for a period for one week;
2. the act specified in Item a of the present article, if it has resulted in harmful consequences for the prevention of which the person in question was responsible shall be punishable by deprivation of freedom for a period of from two to three weeks;
3. the act specified in Item c of the present article, when committed in time of war or under combat conditions shall be punishable by deprivation of freedom for a period of from four to five weeks.

***Article 110. Disclosure of a military secret***

1. Disclosure of information of a military character constituting a state secret, in the absence of indicia of treason shall be punishable by deprivation of freedom for a period of from four to eight weeks;
2. the acts specified in item a of the present article if they have caused serious consequences shall be punishable by deprivation of freedom for a period of from five to ten weeks;
3. disclosure of military information which is classified, but which does not constitute a state secret shall be punishable by deprivation of freedom for a period of from five to ten weeks.

***Article 111. Abuse of authority, excessive exercise of authority, and neglect of duty***

1. The abuse of authority or official position by a commander or official, the excessive exercise of authority, or failure to exercise same, and in like manner the negligence of duty, if such acts have been committed regularly and repeatedly, or for venal motives, or out of personal interest, or if they have caused substantial damage shall be punishable by deprivation of freedom for a period of from six to ten weeks;
2. the acts specified in Item a of the present article, when committed in time of war or under combat conditions shall be punishable by deprivation of freedom for a period of from eight to 12 weeks, or by banishment.