NCJ Number
58389
Date Published
1979
Length
49 pages
Annotation
THE BASIS FOR CRIMINAL RESPONSIBILITY IN THE SOVIET UNION, AS DEFINED BY THE CRIMINAL LAW FUNDAMENTALS, AND THE STRUCTURE OF CRIMINAL CODES ARE DISCUSSED.
Abstract
COURT PRECEDENT IS NOT A SOURCE OF CRIMINAL LAW IN THE SOVIET UNION. HOWEVER, WHEN THE SOVIET SUPREME COURT OR THE SUPREME COURTS OF THE INDIVIDUAL REPUBLICS REVIEW A SPECIFIC CRIMINAL CASE, THEY MAY OFFER AN INTERPRETATION OF THE UNDERLYING LAW. ALSO, THE PLENUM OF THE SOVIET SUPREME COURT MAY ISSUE DIRECTIVES TO LOWER COURTS ON PROBLEMS ENCOUNTERED IN APPLYING LEGISLATION. SINCE THE SOVIET UNION HAS 15 CRIMINAL CODES IN ADDITION TO THE NATIONAL LAW, A PERSON IS CHARGED UNDER THE CODE OF THE JURISDICTION IN WHICH THE CRIME WAS COMMITTED. A CRIME COMMITTED IN SEVERAL JURISDICTIONS (SUCH AS A FRAUD CASE), WILL FALL UNDER THE PENAL CODE OF EACH REPUBLIC INVOLVED, PLUS THE NATIONAL CODE. ONLY INDIVIDUALS, NOT CORPORATIONS OR ADMINISTRATIVE BODIES, MAY BE CHARGED WITH CRIME. HOWEVER, DESIGNATED RESPONSIBLE PERSONS WITHIN A COMPANY OR AGENCY MAY BE CHARGED WITH A CRIME, SUCH AS POLLUTION OF THE PUBLIC WATERWAYS. THE AGE OF CRIMINAL RESPONSIBILITY IS 16 (14 FOR SERIOUS CRIMES) AND DISTINCTIONS ARE MADE BETWEEN ACCIDENTAL AND INTENTIONAL CRIMES. SELF-DEFENSE AND NECESSITY ARE ALLOWED DEFENSES IN CERTAIN CASES. NUMEROUS LEGAL CITATIONS AND REFERENCES PROVIDED. (GLR)