Article 58 (RSFSR Penal Code)

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Article 58 of the Russian SFSR Penal Code was put in force on 25 February 1927 to prosecute those suspected of counter-revolutionary activities. It was revised several times. In particular, its Article 58-1 was updated by the listed sub-articles and put in force on 8 June 1934.[ citation needed ]

Contents

This article introduced the formal notion of the enemy of workers: those subject to articles 58-2 58-13 (those under 58-1 were "traitors", 58-14 were "saboteurs")[ citation needed ].

Penal codes of other republics of the Soviet Union also had articles of similar nature[ citation needed ].

Summary

Note: In this section, the phraseology of article 58 is given in quotes.

The article covered the following offenses.

A counter-revolutionary action is any action aimed at overthrowing, undermining or weakening of the power of workers' and peasants' Soviets... and governments of the USSR and Soviet and autonomous republics, or at the undermining or weakening of the external security of the USSR and main economical, political and national achievements of the proletarian revolution

It was not limited to anti-Soviet acts: by "international solidarity of workers", any other "worker's state" was protected by this article.

Application

Sentences were long, up to 25 years, and frequently extended indefinitely without trial or consultation.[ citation needed ] Inmates under Article 58 were known as "politichesky" (полити́ческий, short for полити́ческий заключённый, "politichesky zakliuchonny" or "political prisoner"), as opposed to common criminals, "ugolovnik" (уголо́вник).[ citation needed ] Often prisoners would be released without the right to settle within 100 km of large cities.[ citation needed ]

Section 10 of Article 58 made "propaganda and agitation against the Soviet Union" a triable offence, whilst section 12 allowed for onlookers to be prosecuted for not reporting instances of section 10. In effect, Article 58 was carte blanche for the secret police to arrest and imprison anyone deemed suspicious, making for its use as a political weapon.[ citation needed ]

Article 58 was applied to Soviet citizens outside the USSR as well. In the Soviet occupation zone of Germany people were interned as "spies" for suspected opposition to the Stalinist regime, e.g. for contacts with organizations based in the Western occupation zones, on the basis of Article 58 of the Soviet penal code. [2] In the NKVD special camp in Bautzen, 66% of the inmates fell into this category. [2]

Evolution

After the denunciation of Stalinism by Nikita Khrushchev the code was significantly rewritten. [ citation needed ]

Application of the article

Aleksandr Solzhenitsyn in his 1973 book The Gulag Archipelago characterized the enormous scope of the article in this way:

One can find more epithets in praise of this article than Turgenev once assembled to praise the Russian language, or Nekrasov to praise Mother Russia: great, powerful, abundant, highly ramified, multiform, wide sweeping 58, which summed up the world not so much through the exact terms of its sections as in their extended dialectical interpretation.
Who among us has not experienced its all-encompassing embrace? In all truth, there is no step, thought, action, or lack of action under the heavens which could not be punished by the heavy hand of Article 58. [3]

According to Solzhenitsyn, "The paragraph 58 had no minimum of age! So was it even told at the lectures on law held for the people — Tallinn, 1945. Dr Uusmaa had known a six year old boy, who was in the colony on the ground of paragraph 58 — this is obviously a record!" [4]

Analogs in other Union republics

In Ukraine the article corresponded to Article 54 (UkrSSR Penal Code), in Belarus – Article 63 (BSSR Penal Code).

See also

Comparable concepts in other countries

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References

  1. "Archived copy" (PDF). Archived from the original (PDF) on 2020-11-11. Retrieved 2019-12-31.{{cite web}}: CS1 maint: archived copy as title (link)
  2. 1 2 Kai Cornelius, Vom spurlosen Verschwindenlassen zur Benachrichtigungspflicht bei Festnahmen, BWV Verlag, 2004, p.129, ISBN   3-8305-1165-5
  3. Aleksandr Solzhenitsyn. The Gulag Archipelago. Harper & Row, First Edition, 1973. ISBN   0-06-013914-5. Chapter 2, Page 60
  4. The Gulag Archipelago, Part 3, Chapter 17

Bibliography

(An annotated account of every single case prosecuted under Article 58.10 of the Soviet Penal Code from the death of Stalin until the fall of Communism with reference to the relevant files in the State Archive of the Russian Federation [GARF] for researchers)