Article 58 (RSFSR Penal Code)
Encyclopedia
Article 58 of the Russian SFSR Penal Code was put in force on 25 February 1927 to arrest 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.
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").
Penal codes of other republics of Soviet Union
also had articles of similar nature.
The article covered the following offenses.
It was not limited to anti-Soviet acts: by "international solidarity of workers", any other "worker's state" was protected by this article.
Sentences were long, up to 25 years, and frequently extended indefinitely without trial or consultation. Inmates under Article 58 were known as "politichesky" (полити́ческий), as opposed to common criminals, "ugolovnik" (уголо́вник). Upon release, the prisoner would typically be sent into an exile within Russia
without the right to settle closer than 100 km from large cities.
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. A person could be framed: The latter would arrange an "anti-Soviet" incident in the person's presence and then try the person for it. If the person pleaded innocence, not having reported the incident would also make them liable to imprisonment.
During and after World War II
, Article 58 was used to imprison some of the returned Soviet prisoners of war on the grounds that their capture and detainment by the Axis Powers
during the war was proof that they did not fight to the death and were therefore anti-Soviet.
Article 58 was applied outside 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 to organizations based in the Western occupation zones
, on the basis of Article 58 of the Soviet penal code. In the NKVD special camp
in Bautzen
, 66% of the inmates fell into this category.
of Stalinism
by Nikita Khrushchev
the code was significantly rewritten.
in his The Gulag Archipelago
characterized the enormous scope of the article in this way:
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").
Penal codes of other republics of Soviet Union
Republics of the Soviet Union
The Republics of the Soviet Union or the Union Republics of the Soviet Union were ethnically-based administrative units that were subordinated directly to the Government of the Soviet Union...
also had articles of similar nature.
Summary
Note: In this section, the phraseology of article 58 is given in quotes.The article covered the following offenses.
- 58-1: Definition of counter-revolutionary activity:
- "A counter-revolutionary action is any action aimed at overthrowing, undermining or weakening of the power of workers' and peasants' SovietSoviet (council)Soviet was a name used for several Russian political organizations. Examples include the Czar's Council of Ministers, which was called the “Soviet of Ministers”; a workers' local council in late Imperial Russia; and the Supreme Soviet of the Soviet Union....
s... and governments of the USSR and SovietSoviet republic (system of government)A Soviet Republic is a system of government in which the whole state power belongs to the Soviets . Although the term is usually associated with communist states, it was not initially intended to represent only one political force, but merely a form of democracy and representation.In the classic...
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 proletarial revolution"
It was not limited to anti-Soviet acts: by "international solidarity of workers", any other "worker's state" was protected by this article.
-
- 58-1а. TreasonTreasonIn law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
: death sentence or 10 years of prison, both cases with property confiscation. - 58-1б. Treason by military personnel: death sentence with property confiscation.
- 58-1в. In the case of flight of the offender in treason subject to 58-1б (military personnel only), his relatives were subject to 5–10 years of imprisonment with confiscation or 5 years of SiberiaSiberiaSiberia is an extensive region constituting almost all of Northern Asia. Comprising the central and eastern portion of the Russian Federation, it was part of the Soviet Union from its beginning, as its predecessor states, the Tsardom of Russia and the Russian Empire, conquered it during the 16th...
exile, depending on the circumstances: either they helped or knew and didn't report or simply lived with the offender. - 58-1г. Non-reporting of a treason by a military man: 10 years of imprisonment. Non-reporting by others: offense by Article 58-12.
- 58-1а. Treason
- 58-2. Armed uprising or intervention with the goal to seize the power: up to death with confiscation, including formal recognition as "enemy of workers".
- 58-3. Contacts with foreigners "with counter-revolutionary purposes" (as defined by 58-1) are subject to Article 58-2.
- 58-4. Any kind of help to "international bourgeoisie" which, not recognizing the equality of communist political system, strives to overthrow it: punishment similar to 58-2.
- 58-5. Urging any foreign entity to declaration of war, military intervention, blockade, capture of state property, breaking diplomatic relations, breaking international treaties, and other aggressive actions against USSR: similar to 58-2.
- 58-6. Espionage. Punishment: similar to 58-2.
- 58-7. Undermining of state industry, transport, monetary circulation or credit system, as well as of cooperative societies and organizations, with counter-revolutionary purpose (as defined by 58-1) by means of the corresponding usage of the state institutions, as well as by opposing their normal functioning: same as 58-2. Note: the offense according to this article was known as wreckingWrecking (Soviet crime)Wrecking , was a crime specified in the criminal code of the Soviet Union in the Stalin era. It is often translated as "sabotage"; however "wrecking" and "diversionist acts" and "counter-revolutionary sabotage" were distinct sub-articles of Article 58 , and the meaning of "wrecking" is closer to...
and the offenders were called "wreckers". - 58-8. Terrorist acts against representatives of Soviet power or of workers and peasants organisations: same as 58-2.
- 58-9. Damage of transport, communication, water supply, warehouses and other buildings or state and communal property with counter-revolutionary purpose: same as 58-2.
- 58-10. Anti-Soviet and counter-revolutionary propaganda and agitation: at least 6 months of imprisonment. In the conditions of unrest or war: same as 58.2.
- 58-11. Any kind of organisational or support actions related to the preparation or execution of the above crimes is equated to the corresponding offenses and prosecuted by the corresponding articles.
- 58-12. Non-reporting of a "counter-revolutionary activity": at least 6 months of imprisonment.
- 58-13. Active struggle against revolutionary movement of tsarist personnel and members of "counter-revolutionary governments" during the civil warRussian Civil WarThe Russian Civil War was a multi-party war that occurred within the former Russian Empire after the Russian provisional government collapsed to the Soviets, under the domination of the Bolshevik party. Soviet forces first assumed power in Petrograd The Russian Civil War (1917–1923) was a...
, same as 58-2. - 58-14 (added on June 6, 1937) "Counter-revolutionary sabotage", i.e., conscious non-execution or deliberately careless execution of "defined duties", aimed at the weakening of the power of the government and of the functioning of the state apparatus is subject to at least one year of freedom deprivation, and under especially aggravating circumstances, up to the highest measure of social protection: execution by shootingExecution by shootingExecution by shooting is a form of capital punishment whereby an executed person is shot by one or more firearms. It is the most common method of execution worldwide, used in about 70 countries, with execution by firing squad being one particular form...
with confiscation of property.
Application
The article was used for the imprisonment and execution of many prominent people, see :Category:Victims of Soviet repressions, as well as multitudes of nonnotable innocents.Sentences were long, up to 25 years, and frequently extended indefinitely without trial or consultation. Inmates under Article 58 were known as "politichesky" (полити́ческий), as opposed to common criminals, "ugolovnik" (уголо́вник). Upon release, the prisoner would typically be sent into an exile within Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
without the right to settle closer than 100 km from large cities.
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
Full Powers
Full Powers is a term in international law and is the authority of a person to sign a treaty or convention on behalf of a sovereign state. Persons other than the head of state, head of government or foreign minister of the state must produce Full Powers in order to sign a treaty binding their...
for the secret police to arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
and imprison anyone deemed suspicious, making for its use as a political weapon. A person could be framed: The latter would arrange an "anti-Soviet" incident in the person's presence and then try the person for it. If the person pleaded innocence, not having reported the incident would also make them liable to imprisonment.
During and after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Article 58 was used to imprison some of the returned Soviet prisoners of war on the grounds that their capture and detainment by the Axis Powers
Axis Powers
The Axis powers , also known as the Axis alliance, Axis nations, Axis countries, or just the Axis, was an alignment of great powers during the mid-20th century that fought World War II against the Allies. It began in 1936 with treaties of friendship between Germany and Italy and between Germany and...
during the war was proof that they did not fight to the death and were therefore anti-Soviet.
Article 58 was applied outside 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 to organizations based in the Western occupation zones
Allied Occupation Zones in Germany
The Allied powers who defeated Nazi Germany in World War II divided the country west of the Oder-Neisse line into four occupation zones for administrative purposes during 1945–49. In the closing weeks of fighting in Europe, US forces had pushed beyond the previously agreed boundaries for the...
, on the basis of Article 58 of the Soviet penal code. In the NKVD special camp
NKVD special camps
NKVD special camps were NKVD-run late and post-World War II internment camps in the Soviet-occupied parts of Germany and areas east of the Oder-Neisse line. The short-lived camps east of the line were subsequently transferred to the Soviet occupation zone, where they were set up by the Soviet...
in Bautzen
Bautzen
Bautzen is a hill-top town in eastern Saxony, Germany, and administrative centre of the eponymous district. It is located on the Spree River. As of 2008, its population is 41,161...
, 66% of the inmates fell into this category.
Evolution
After the denunciationOn the Personality Cult and its Consequences
On the Personality Cult and its Consequences was a report, critical of Joseph Stalin, made to the Twentieth Party Congress on February 25, 1956 by Soviet leader Nikita Khrushchev. It is more commonly known as the Secret Speech or the Khrushchev Report...
of Stalinism
Stalinism
Stalinism refers to the ideology that Joseph Stalin conceived and implemented in the Soviet Union, and is generally considered a branch of Marxist–Leninist ideology but considered by some historians to be a significant deviation from this philosophy...
by Nikita Khrushchev
Nikita Khrushchev
Nikita Sergeyevich Khrushchev led the Soviet Union during part of the Cold War. He served as First Secretary of the Communist Party of the Soviet Union from 1953 to 1964, and as Chairman of the Council of Ministers, or Premier, from 1958 to 1964...
the code was significantly rewritten.
Application of the article
Aleksandr SolzhenitsynAleksandr Solzhenitsyn
Aleksandr Isayevich Solzhenitsyn was aRussian and Soviet novelist, dramatist, and historian. Through his often-suppressed writings, he helped to raise global awareness of the Gulag, the Soviet Union's forced labor camp system – particularly in The Gulag Archipelago and One Day in the Life of...
in his The Gulag Archipelago
The Gulag Archipelago
The Gulag Archipelago is a book by Aleksandr Solzhenitsyn based on the Soviet forced labor and concentration camp system. The three-volume book is a narrative relying on eyewitness testimony and primary research material, as well as the author's own experiences as a prisoner in a gulag labor camp...
characterized the enormous scope of the article in this way:
One can find more epithets in praise of this article than TurgenevIvan TurgenevIvan Sergeyevich Turgenev was a Russian novelist, short story writer, and playwright. His first major publication, a short story collection entitled A Sportsman's Sketches, is a milestone of Russian Realism, and his novel Fathers and Sons is regarded as one of the major works of 19th-century...
once assembled to praise the Russian languageRussian languageRussian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
, 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 diacritical 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.
See also
- NKVD TroikaNKVD troikaNKVD troika or Troika, in Soviet Union history, were commissions of three persons who convicted people without trial. These commissions were employed as an instrument of extrajudicial punishment introduced to circumvent the legal system with a means for quick execution or imprisonment...
- GulagGulagThe Gulag was the government agency that administered the main Soviet forced labor camp systems. While the camps housed a wide range of convicts, from petty criminals to political prisoners, large numbers were convicted by simplified procedures, such as NKVD troikas and other instruments of...
- 101 km
- Lenin's Hanging OrderLenin's Hanging Order"Hanging Order" is a name given by the Library of Congress to Vladimir Lenin's telegram on suppressing kulaks' revolt in the Penza Gubernia. The telegram was addressed to Penza Communists Vasily Kurayev , Yevgenia Bosch and Alexander Minkin and dated 11 August 1918.-Historical...
- Politics of the Soviet UnionPolitics of the Soviet UnionThe political system of the Soviet Union was characterized by the superior role of the Communist Party of the Soviet Union , the only party permitted by Constitution.For information about the government, see Government of the Soviet Union-Background:...
- Soviet lawSoviet lawThe Law of the Soviet Union—also known as Socialist Law—was the law developed in the Soviet Union following the October Revolution of 1917...
- White-, a label on those considered anti-Soviet (almost exclusively in the context of the Russian civil war 1918-1922Russian Civil WarThe Russian Civil War was a multi-party war that occurred within the former Russian Empire after the Russian provisional government collapsed to the Soviets, under the domination of the Bolshevik party. Soviet forces first assumed power in Petrograd The Russian Civil War (1917–1923) was a...
) - Inciting subversion of state powerInciting subversion of state powerInciting subversion of state power is a crime under the law of the People's Republic of China. It is article 105, paragraph 2 of the 1997 revision of the People's Republic of China's Penal Code....
(China) - Espionage Act of 1917Espionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, Subversive Activities Control Act of 1950, Rex 84Rex 84Rex 84, short for Readiness Exercise 1984, was a secretive "scenario and drill" developed by the United States federal government to suspend the United States Constitution, declare martial law, place military commanders in charge of state and local governments, and detain large numbers of American...
(US) - Berufsbeamtengesetz, Reichstag Fire DecreeReichstag Fire DecreeThe Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...
, The Malicious Practices Act 1933The Malicious Practices Act 1933The Malicious Practices Act was passed on the 21st March 1933 in Nazi Germany. It was part of a series of events that occurred within 1933, which marked the brutality and resilience of the Nazi party. From here on life for thousands of Germans would be controlled and monitored for those dubbed as...
(Nazi Germany)