In the modern world, each of us becomes responsible and independent. Criminal law is necessary to maintain stability in society and prevent chaos in it. In addition, each of us must know the history of our homeland.
One of the largest monuments of Russian law in the first half of the 19th century was the Code of Laws of the Russian Empire published in 1832.
The Code of Laws of the Russian Empire is the official publication of the regulatory legal acts of the Russian Empire, published for the first time in 1832, subsequently republished in whole or in part until the October Revolution of 1917.
Volume XV "On Crimes and Punishments" was devoted to criminal law within the framework of the Code of Laws. For the first time, the general and special parts of criminal law were singled out in it.
-In the general part, the concept of a crime and the types of punishments, various degrees of guilt, the territorial limits of the criminal law, on release and deferral of punishment, etc. were considered;
-In the Special part of the criminal law of that time, a system of criminal offenses was determined. Crimes against faith were ranked first in the Code of Laws, followed by state crimes, official crimes, etc.
Stages of committing a crime: 1) detection of intent 2) preparation for a crime 3) attempted crime 4) a crime committed consent
Instead of establishing a specific type and amount of punishment, the wording “act according to the severity of the law”, “punish according to the measure of guilt”, etc. could be fixed in the sanction of the criminal law norm.
In addition, it is necessary to consider the Code of Criminal and Correctional Punishments of 1845.
-According to the structure, the Code in question included 12 sections, which, in turn, were divided into chapters, sections and articles, where the first section “On Crimes, Misdemeanors and Punishments” fixed the criminal law provisions of a general nature, and the remaining 11 sections were devoted to legal regulation relations related to the commission of specific crimes
It provided for the following categories of crimes and misdemeanors: religious, state, against the order of government, state and public service, orders on duties, against the income and property of the treasury, public amenities and deanery, class organization of society, life, health, freedom and honor of the individual, against family and property.
The main provisions of the Code on punishments of criminal and correctional were:
-The distinction between intentional and negligent guilt in committing a crime;
-Consolidation of the grounds that eliminated criminal liability: chance, infancy, necessary defense.
-Various stages of the crime were distinguished.
-The institution of complicity in the commission of a crime was regulated by law, and various forms of complicity were distinguished: scop (without prior agreement), conspiracy (by prior agreement) and gang (analogous to a criminal community)
The system of criminal penalties in the 19th century, during the period of the Criminal Correctional Code under consideration, was characterized by a class character.
Two large groups of punishments were also distinguished:
-Criminal penalties that provided for the deprivation of a person guilty of a crime of all the rights of the state (deprivation of rights, property, termination of marital and parental rights) and the death penalty or exile to Siberia.
-Correctional punishments: exile, imprisonment in correctional and prison companies, imprisonment, monetary penalties, suggestion, corporal punishment, reprimand, deprivation of special honorary rights, titles, privileges, etc.
Modern criminal law is the result of the evolutionary development of the main institutions of criminal law, reflecting significant social, political and economic changes.