RUSSIA, THE CRIMINAL CODE OF. 



083 



zette, and in the newspapers of the two capi- 

 tals, and of the district seats ; and by an order 

 of the court, forbidding the offender to live at 

 the capitals, at certain other places, or on his 

 own estates, which are placed under the man- 

 agement of an official administrator, or to carry 

 on his former trade or profession. Special 

 penalties, besides those enumerated in the code, 

 are imposed upon public functionaries who 

 commit penal offences ; in addition to the ordi- 

 nary penal and correctional penalties, they are 

 punished with permanent exclusion from the 

 civil service, and cannot be elected to an office 

 by any noble corporation or town and village 

 authorities ; or they are removed, and lose the 

 right of holding office for three years ; they are 

 reduced to a lower rank; sharp reprimands 

 are the mildest additional penalty inflicted upon 

 them. 



As regards the crimes enumerated in the 

 Russian code, "offences against religion and 

 infractions of the regulations established for 

 the protection of religion " are treated of in 

 the first chapter ( 182-263). " Blasphemy 

 and disparaging expressions about religious 

 matters " are declared to be terrible crimes, 

 and heavy penalties are imposed upon defec- 

 tion from the national faith, heresy, schismati- 

 cal movements, and disregard of ecclesiastical 

 regulations. 182 says : " He who purposely 

 and publicly utters, in a church, a blasphemy 

 against the Triune God, or against the Holy 

 Mother of God, and eternal Virgin Mary, 

 against the cross of our Lord and Saviour Je- 

 sus Christ, against the incorporeal heavenly 

 powers, or against the saints of the Lord and 

 their images, shall suffer the penal penalty of 

 the second class, third degree. If this crime 

 is committed outside the church, at a public 

 place, or before a concourse of people, the 

 penal penalty of the second class, sixth degree, 

 will be inflicted on the criminal." Transporta- 

 tion to Siberia will be inflicted on all who 

 make " blasphemous, heretical, or schismatical 

 remarks," as specified in 182, in the presence 

 of other persons, neither publicly, nor before a 

 concourse of people, but with the intention of 

 reviling the faith of his hearers, or producing 

 a scandal. 188 says : " He who utters irre- 

 ligious remarks, not with the intention of pro- 

 ducing a scandal or giving vent to his contempt 

 of religion, but from stupidity, ignorance, or 

 while in a state of intoxication, will be im- 

 prisoned for from three weeks to three months." 

 No less rigorous penalties are imposed upon 

 persons convicted of a defection from the na- 

 tional faith, heresy, and schismatical move- 

 ments. 192 says : " If a Mohammedan or 

 Jew is married with a woman of the Lutheran 

 or Reformed creed, and, contrary to his written 

 promise, does not allow the children, issuing 

 from such a union, to be brought up in the 

 Christian religion, prevents his wife or children 

 from worshipping God according to the rites 

 of Christianity, or incites them, by dint of 

 threats or seductive arts, to defection from 



Christianity, the union will be declared null and 

 void, and the Mohammedan or Jewish husband, 

 after being divested of all the rights and 

 privileges of his rank, will be transported 

 to a more or less remote district of Siberia 

 and colonized there for life." 193: "A 

 Jew who, without special legal "permission, 

 keeps at his house a Christian to perform 

 household duties for him, even though he does 

 not incite him to defection from Christianity, 

 shall be fined five rubles for every day which 

 the Christian has passed at his house ; and, in 

 case of a repetition of the offence, imprison- 

 ment for from three weeks to three months 

 will be added to the fine." Even when Jews 

 are permitted to employ Christian domestics, 

 a fine of from one to two hundred rubles will 

 be imposed upon them for causing female 

 Christian servants to live in the same house 

 with them. 195 says : " He who induces any 

 one to leave the Orthodox national Church 

 and to join any other Christian denomination, 

 will suffer the correctional penalty of the first 

 class, fifth degree ; " that is to say, a man who 

 converts somebody in the aforesaid manner 

 will, if exempted, be exiled for life to the dis- 

 tricts of Tomsk or Tobolsk ; if non-exempted, 

 he will receive fifty to sixty lashes, be put for 

 one or two years into a convict-gang, and 

 finally be placed for one or two years under 

 the surveillance of the police. As for the con- 

 vict, he is treated as a lunatic who must be 

 cured by the ecclesiastical authorities, or, as 

 the code has it, " be brought to see his errors ; " 

 for this purpose a " tutelary administration of 

 his whole property," and, above all, of the 

 "estates, on which orthodox peasants live," is 

 to be decreed by the courts. He is even for- 

 bidden to live on his estates, "lest the peas- 

 ants and their servants should be exposed to 

 temptation " ( 196). On the other hand, " he 

 who prevents any one from voluntarily joining 

 the orthodox Church will be imprisoned for 

 from three to six months" (199). "He 

 who knows that his wife, his children, and 

 other persons intrusted to his care intend to 

 leave the Orthodox Church, and does not em- 

 ploy all means at his command to prevent it, 

 will be imprisoned for from three days to three 

 months, and, in case he belongs himself to the 

 Orthodox Church, will be subjected to a church 

 penance " ( 200). Most Draconic are the pen- 

 alties imposed upon " heresy and schismatical 

 movements." 206 says in regard to them : 

 " He who disseminates the heretical and schis- 

 matical teachings of those who have left the 

 Orthodox Church, or founds a new sect in- 

 jurious to religion, forfeits all the rights and 

 privileges of his rank, and will be transported 

 and colonized for life ; if living in European 

 Russia, he will be sent to Transcaucasia ; if 

 domiciled in the Caucasian and Caspian prov- 

 inces, or in the Grusian-Imeretian district, he 

 will be sent to Siberia ; and, if a resident of 

 Siberia, he will be sent to the more remote 

 districts of that country. Those, for whom 



