Methods of punishment for deviating from Orthodoxy in tsarist Russia

2024 Author: Seth Attwood | [email protected]. Last modified: 2023-12-16 15:55

Source section of the Criminal Code of Tsarist Russia "Code of Criminal and Correctional Punishments" 1845. A facsimile copy of this text, as well as texts of later editions, can be downloaded from the website of the Russian State Library rsl.ru, where they are freely available in a universal repository.

Later versions are distinguished by the disappearance of some too inhuman punishments, such as stigma, or the number of blows incompatible with life

Branch first

About distraction and deviation from the faith.

190. For the distraction, through persuasion, seduction or other means, of someone from the Christian Orthodox faith or another confession into the Mohammedan, Jewish or other non-Christian faith, the guilty person is sentenced: to deprivation of all rights of state and to exile in hard labor in fortresses on time from eight to ten years, and if by law he is not exempt from corporal punishment, and to punishment with lashes through executioners in the measure determined by article 21 of this Code for the fifth degree of punishment of this kind, with the imposition of stigma.

When, moreover, it is proved that he used violence to force him to deviate from Christianity, then he is awarded: to deprivation of all rights of the state and to exile in hard labor in mines for a period of from twelve to fifteen years, and if he is not legally exempt from corporal punishments, and to punishment with lashes through executioners to the extent specified in Article 21 for the third degree of punishment of this kind, with the imposition of stigma.

191. Those who deviated from the Christian Orthodox faith or other confession into a non-Christian faith, go to the spiritual authorities of their former confession, for admonition and admonition. Until they return to Christianity, they do not use the rights of their state, and for all this time, their property is taken into custody.

192. If the Mohammedans and Jews, who have married persons of the Evangelical Lutheran or Reformed confession, will, in spite of the subscriptions given by them, raise their children not in the Christian faith, or will threaten and seduce spouses or children to their law, or obstruct they freely practice the rites of their religion, then their marriage is dissolved and they are subjected to:

deprivation of all rights of state and exile to a settlement in the most remote, or less remote places of Siberia, depending on the circumstances, more or less increasing or decreasing their guilt.

193. The Jews, although not convicted of seducing Christians, but who kept them with them for constant domestic services, except for cases permitted by the law, are subjected to this:

collection of five rubles per day. For the repetition of this crime, they are additionally sentenced:

to arrest for a period of three weeks to three months.

194. Even if, even in cases when, according to the law, it is permissible for them to have Christians in their service, the Jews will keep female persons of the Christian faith in the same houses with them, this is what they are subjected to:

monetary collection from one hundred to two hundred rubles. Monetary penalty determined from them for the first of this kind

rises by half the amount thereof for each repetition of this offense.

195. For seduction from the Orthodox to another Christian denomination, the guilty person is sentenced:

to deprivation of all special rights and privileges assigned to him personally and according to the state and to exile to live in the provinces of Tobolsk or Tomsk, or, if he is not legally exempted from corporal punishment, to punishment with rods to the extent specified in Article 35 of this Code for the fifth degree punishments of this kind and to delivery to the correctional prison companies of the civil department for a period of one to two years. When it is proved that coercion and violence were used to seduce from the Orthodox to another Christian denomination, then the guilty person is subject to: deprivation of all rights of state and exile to settle in Siberia, and if he is not legally exempted from corporal punishment, and punishment with lashes through the executioners to the extent determined by Article 22 of this Code for the second degree of punishment of this kind.

196. Those who apostate from the Orthodox to another Christian denomination, are sent to the spiritual authorities for admonition, admonition, and dealing with them according to the church rules.

Until their return to Orthodoxy, they are accepted by the government to protect their young children and serfs subject to them from seduction, the measure specified in the laws (see T. XIV, Const. About Prevention and Prevention of Crime. Art. 49-54). In their estates, inhabited by Orthodox, for all this time, guardianship is appointed and they are prohibited from having a residence in them.

197. Whoever, in a sermon or writing, will intensify to attract and seduce the Orthodox into another, although Christian, denomination, or a heretical sect, or a schismatic sense, for this crime is subjected to:

for the first time the deprivation of some, on the basis of Article 53 of this Code, of special rights and advantages and imprisonment in a restraining house for a period of one to two years; and in the second, imprisonment in a fortress for a period of four to six years, also with the loss of some, under Article 53, special rights and advantage

for the third time, he is sentenced to deprivation of all special rights and privileges assigned to him personally and by the state of corporal punishments, to punishment with rods to the extent specified in Article 35 of this Code for the fourth degree of punishment of this kind, and to surrender to the correctional prison companies of the civil department for a period of two to four years. Those who, knowingly and also with the intention of seducing the Orthodox into another creed, disseminate such sermons and writings, are subjected to:

imprisonment in a restraining house for a period of six months to one year, depending on the measure of their guilt determined by the court.

198. Parents who, having been legally obliged to educate their children in the Orthodox faith, will baptize them or lead them to other sacraments and educate them according to the rites of another Christian confession, are awarded for this:

to imprisonment for a period of one year

up to two years. Their children are given to the upbringing of relatives of the Orthodox confession, or, in the absence of these, the guardians appointed for this by the government, also of the Orthodox faith.

Guardians who will bring up the children of the Orthodox confession entrusted to them in the rules of another faith are also punished. Moreover, they are immediately removed from custody.

199. For preventing someone from voluntarily joining the Orthodox Church, the perpetrators are subjected to:

imprisonment for three to six months.

But if, in order to instill the conversion to Orthodoxy, they used threats, harassment, or violence, then they are sentenced: to deprive some, on the basis of Article 53 of this Code, of special rights and advantages, and to imprisonment in a restraining house for a period of two to three years.

Moreover, in any case, they are forbidden to have with them serf servants of the Orthodox confession, and to manage those inhabited estates in which the Orthodox are located.

200. Whoever, knowing that his wife or children, or other persons, over whom he has been granted supervision and care by law, intend to deviate from the Orthodox faith, will not try to deviate them from this intention and will not take any measures depending on him by law to prevent execution thereof, he is sentenced for this:

to arrest for a period of three days to three months, depending on the extent of his guilt, and, in addition, if he is Orthodox, is given over to church repentance.

201. Priests of other Christian denominations who will knowingly allow the Orthodox to confession, communion or blessing, or their children to be baptized or chrismated according to their rites, are subjected for this:

for the first time away from places for a time from six months to one year;

and in the second, defrocking and surrender under police supervision. For correcting any of these spiritual requirements for the Orthodox out of ignorance, they are subjected to:

severe reprimand, as for imprudence disagreeing with the importance of their title.

202. Persons of the clergy of foreign Christian confessions, convicted of teaching the catechism to minors of the confession of the Orthodox, or of making them suggestions contrary to Orthodoxy, although without a proven intention to seduce them, are subjected for this:

for the first time removed from their places and positions for a time from one year to three years; in the second, defrocking and imprisonment for a period of one to two years, with surrender thereafter under police supervision.

203. Persons of the Roman Catholic, both white and monastic clergy in the Western provinces, although they did not use any measures to seduce the Orthodox, but who, contrary to the prohibition, had them for serving in their homes, at churches or monasteries, are subjected for this:

monetary collection of ten rubles for each.

204. Spiritual foreign Christian confessions, for accepting, without special permission for each case, any of the non-faithful Russian subjects in their confession, are subjected to:

a severe reprimand for the first and second time; in the third removal from office for two years, and in the fourth defrocking, and associated with it special rights and privileges

205. Whoever in public meetings will start indecent disputes, strife or abuse about the difference of confessions, he is subjected for this, depending on the circumstances, more or less increasing or decreasing his guilt:

or a severe reprimand in the name of the court, or a pecuniary penalty of five to ten rubles, or, finally, arrest for a period of three to seven days.

SECOND SECTION

About heresies and schisms.

206. The perpetrators, both in widespread heresies and schisms that already exist between the Orthodox heresies and schisms that have fallen away from the Church, and in the establishment of any new sects damaging the faith, are subjected to a crime of deprivation of all rights of state and exile to settlement: from European Russia to the Transcaucasian region, from the regions of the Caucasus and the Caspian and from the province of Georgian-Imereti to Siberia, and across Siberia to the most remote places. Those who, on the basis of Article 79 of this Code, will, instead of settling, be transferred to military service as privates, cannot receive either resignation or temporary leave if they do not convert to Orthodoxy.

The same punishments and on the same grounds are subjected to schismatics who, through the delusion of Fanaticism, dare to clearly offend the Orthodox Church or the clergy thereof.

Those who have reduced from the Orthodox faith into any heresy, sent to the spiritual leadership for admonition and admonition.

207. Followers of the sects called Dukhobors, iconoclasts, Malakans, Judaizers, eunuchs, as well as others belonging to heresies, which are recognized by the established order for this, or will subsequently be recognized as especially harmful, for spreading their heresy and seducing others into it, according to the perfect exposure of this crime, they are subjected to: deprivation of all rights of state and exile: from European Russia to the Transcaucasian region, from the Caucasian and Caspian regions and from the Georgian-Imeretinskaya province to Siberia, and across Siberia to the most remote places, for settling especially from other settlers and old-timers. Malakans and others belonging to heresies, recognized as especially harmful, who allow themselves to preach their false doctrine publicly to the Orthodox, are recognized for the very first action of this kind as the disseminators of the schism.

208. The followers of the sects mentioned in the previous article 207 and generally recognized as particularly harmful, as well as the eunuchs who, hiding their belonging to such a sect, will be assigned to the urban estate in places where this is prohibited by laws, are subjected to this false testimony about themselves:

exile in the Transcaucasian region, or surrender to military service in the Caucasian corps, if they are fit for service, albeit non-combatant. Those of the schismatics in general and the eunuchs who, having given a subscription during the city or rural elections that they do not belong to any schism, will enter any positions in public elections are also sentenced to punishment.

209. For allowing young Christians to perform spiritual rituals according to the Jewish faith, or any other heresy, or to participate in them, the parents of these children or raising them are exposed, as well as for seducing adults into schism:

punishment, above this in Article 207 defined. The minors themselves, performing these rituals, are sent: those capable of military service in battalions and semi-battalions of military cantonists. and those incapable - for state-owned factories.

210. When the spread of heresy and schism was accompanied by violence or other circumstances that increase guilt, then the person convicted of this crime is awarded:

to the deprivation of all the rights of the state and to exile in hard labor in mines for a period of twelve to fifteen years, and if he is not exempt from corporal punishment by law, and to punishment with lashes through executioners to the extent specified in article 21 of this Code for the third degree punishments of this kind, with the imposition of brands.

211. For the castration of others, through the delusion of fanaticism, although without the use of violence, the schismatics guilty of this are sentenced:

to the deprivation of all rights of the state and to exile in hard labor in factories for a period of four to six years, and if they are not exempt from corporal punishment by law, and to punishment with lashes through executioners to the extent specified in Article 21 of this Code for the seventh degree of punishment of this kind, with the imposition of brands. For emasculation of himself, the one convicted of that is subjected to:

deprivation of all rights of state and exile to the Transcaucasian region, or to Siberia for settlement, based on the previous article 206.

212. Those of the schismatics, although not convicted of seducing the Orthodox, who belong to heresies combined with ferocious fanaticism and fanatical encroachment on their own or others' lives, or with unlawful vile actions, after they committed in that exposure, are subjected to:

the punishment above this in Article 207 is determined. In the case when, on the motives of this Fanaticism, a murder or attempted murder is committed, they are subjected to: punishments determined for murder with a deliberate intention in advance, in Article 19-25 of this Code, or for an attempt on it, on the basis of the rules stated above. in Articles 120 and 121.

215. If a follower of heresy or schism, who converted to the Orthodox faith and, as a result, returned from the place of exile, again turns into heresy or schism, then he is subject to: deprivation of all rights of state and exile for a settlement irrevocably beyond the Caucasus, go to the most distant places Siberia, on the basis of the provisions of Art. 206 and 207 of this Code.

214. Those convicted of publishing old printed books not in the Moscow Synodal or co-religion printing house, as well as in the sale and distribution in any way of books of this kind, or in the acquisition of schismatic books for their use in the Divine service, are subjected to this:

for the first time a pecuniary penalty from one hundred to

two hundred rubles;

in the second half. Those convicted of this are sentenced more than twice:

in excess of the monetary penalty for the second time, to imprisonment for a period of three to six months. The books found from them are taken away and sent to the diocesan authorities according to their affiliation.

215. For the establishment of schismatic sketes or other dwellings of this kind, and for the construction of new ones and the repair of old ones for services and prayers in schismatic rites of buildings, under the name of churches, chapels or houses of prayer, and for the arrangement of thrones in existing chapels, and finally for turning peasant huts into public chapels, the perpetrators are sentenced:

to imprisonment for a period of one year

up to two years, depending on the extent of the fault. Everything arranged by them is broken and the materials are sold in favor of the local Order of the Public Charity.

216. If any of the Jews expelled by order of the government from places in which the so-called Jewish heresy is open, returns to it without permission, then he is subject to: punishment with rods from twenty to forty blows and surrender to military service as a private without seniority, or, in case of incapacity for service, a link to a settlement in the Caucasus.

217. Whoever gave refuge to the exiled by order of the government from the place where the Jewish heresy is open, and contrary to that to the returned Jew, is subject, if he is a landowner, rented, accessory or temporary owner of a state estate:

for the first time a monetary recovery of fifty rubles;

and in the second such a recovery is halved;

for the third time, the estate of such a landowner is taken into custody for his entire life, the state estate is taken away from the temporary owner, and the lease owner is also relinquished from managing the estate and is announced in the capital and local provincial statements that he is incapable of that.

When persons belonging to the estate of peasants or city dwellers are found guilty of this, they are subjected: for the first and second time to arrest for a period of three weeks to three months, or, if they are not legally exempted from corporal punishment, punishment with rods from twenty up to thirty beats;

and for the third time imprisonment for periods ranging from six months to one year.

SECTION THIRD.

About evading the execution of the ordinances of the church.

218. Converts to the Orthodox faith, who, not fulfilling the statutes of the church, will adhere to any other religious customs, are sent to the spiritual authorities to admonish them and deal with them according to the church rules.

219. Persons of the Orthodox confession who evade confession and communion of the Holy Mysteries, through negligence or neglect, are exposed to:

church punishments at the discretion and order of the spiritual diocesan authorities, with only supervision, so that at the same time officials are not excommunicated from service for a long time, but the villagers from their homes and works.

220. Parents who do not bring their children to confession, who have already reached the required age (starting from the age of seven), are subjected to:

special inspiration from the spiritual and a note from the local civilian authorities.

221. Whoever, without special proper permission, will walk with images, candles, or books for collection at church buildings, monasteries or other charitable institutions, after taking away candles, books and the money collected by him, he is subjected, if he is spiritual, punishment at the discretion of his superiors, and if a layman, a monetary penalty from fifty to one hundred rubles.

The money collected by him, if it was intended for a well-known church or monastery, is sent to the diocesan authorities; collected for another charitable institution, apply to the local Order of the Public Assistance.

222. Those exposed in the burial of an Orthodox Christian, or Roman Catholic, Armenian Gregorian, Armenian Catholic, or one of the Protestant confessions, without performing the proper Christian rituals of that confession, are subjected to:

arrest for a period of three weeks to three months, depending on the circumstances, more or less increasing or diminishing their guilt.

This excludes cases of obvious impossibility or exorbitant difficulty to invite the Priest to the burial of the deceased, over a very long distance in uninhabited places, or due to the circumstances of war, pestilence and other unusual things.