苏俄第一部刑法典与职业罪犯的责任

P. Skoblikov
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引用次数: 0

摘要

2022年,距苏联第一部刑法典的通过已经过去了100年,这是俄罗斯立法历史上一部全新的法典。本研究的目的是:确定和分析1922年俄罗斯联邦社会主义共和国刑法中旨在打击职业犯罪的规定;在立法机构面临的刑事-政治任务范围内评估其有效性、新颖性和一致性,以及评估其在当时发展的社会经济和犯罪情况下的条件;为进一步研究立法者打击职业犯罪的刑事法律手段在后来的刑事立法中体现和发展的程度创造先决条件。本文分析了以职业形式从事某种类型犯罪和以钓鱼形式实施犯罪等犯罪标志的犯罪构成要件和条件。审议了对职业罪犯量刑的规则以及除惩罚外对他们适用其他社会保护措施的问题。结合20世纪20年代初社会经济和犯罪形势的特点、当时国内律师对刑事专业主义问题的看法、对立法决定依据的评价、立法决定的差距和不足,阐述了我国刑法的规定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The first Criminal Code of Soviet Russia and the responsibility of professional criminals
In 2022, 100 years have passed since the adoption of the first Criminal Code of Soviet Russia — a fundamentally new codified act in the history of Russian legislation. The objectives of this study: to identify and analyze the provisions of the Criminal Code of the RSFSR of 1922 aimed at combating professional crime; to assess their validity, novelty and consistency in the context of the criminal-political tasks that were set before the legislative bodies, as well as their conditionality of the socio-economic and criminological situation that was developing at that time; to create prerequisites for further research on the extent to which the approaches of the legislator to the criminal-legal fight against professional crime were embodied and developed in the subsequent criminal legislation. The article analyzes the main and qualified elements of crimes containing such signs as engaging in crimes of a certain type as a profession and committing a crime in the form of fishing. The rules of sentencing professional criminals and the application of other social protection measures to them, in addition to punishment, are considered. The prescriptions of the criminal law are set out in combination with the characteristics of the socio-economic and criminogenic situation of the early 20s of the twentieth century, the views of domestic lawyers of that time on the problems of criminal professionalism, assessment of the bases of legislative decisions, their gaps and shortcomings.
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