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	{{Library work\|title=Russian Justice\|author=Mary Stevenson Callcott\|published_date=1935\|publisher=Macmillan Company\|type=Book\|~~source_url~~=https://comlib.encryptionin.space/epubs/soviet-justice/}}		{{Library work\|title=Russian Justice\|author=Mary Stevenson Callcott\|published_date=1935\|publisher=Macmillan Company\|type=Book\|source=https://comlib.encryptionin.space/epubs/soviet-justice/}}

	== PREFACE ==		== PREFACE ==

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	{{Library work\|title=Russian Justice\|author=Mary Stevenson Callcott\|published_date=1935\|publisher=Macmillan Company\|type=Book\|~~source~~=https://comlib.encryptionin.space/epubs/soviet-justice/}}		{{Library work\|title=Russian Justice\|author=Mary Stevenson Callcott\|published_date=1935\|publisher=Macmillan Company\|type=Book\|source_url=https://comlib.encryptionin.space/epubs/soviet-justice/}}

	== PREFACE ==		== PREFACE ==

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	{{Library work\|title=Russian Justice\|author=Mary Stevenson Callcott\|~~written in~~=1935\|publisher=Macmillan Company\|type=Book\|source=https://comlib.encryptionin.space/epubs/soviet-justice/}}		{{Library work\|title=Russian Justice\|author=Mary Stevenson Callcott\|published_date=1935\|publisher=Macmillan Company\|type=Book\|source=https://comlib.encryptionin.space/epubs/soviet-justice/}}

	== PREFACE ==		== PREFACE ==

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			[[Category:Library works about the Soviet Union]]

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	Moscow, August 18, 1924		Moscow, August 18, 1924

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	Orders issued by Comrade Yagoda, assistant chief of the OGPU:		Orders issued by Comrade Yagoda, assistant chief of the OGPU:

ComradeEd: /* CHAPTER XIV: BOLSHEVO LABOR COMMUNE */

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CHAPTER XIV: BOLSHEVO LABOR COMMUNE

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	Moscow, August 18, 1924		Moscow, August 18, 1924

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	Orders issued by Comrade Yagoda, assistant chief of the OGPU:		Orders issued by Comrade Yagoda, assistant chief of the OGPU:

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	Likewise, sentences must be constructive. This was not a new note as will be seen throughout this book. All along the party program had advocated an educational approach to the treatment of criminals, and year by year had strengthened provisions for realizing the fulfillment of its plans. But the emphasis on this problem by so authoritative a body brought it freshly to the attention of the courts.		Likewise, sentences must be constructive. This was not a new note as will be seen throughout this book. All along the party program had advocated an educational approach to the treatment of criminals, and year by year had strengthened provisions for realizing the fulfillment of its plans. But the emphasis on this problem by so authoritative a body brought it freshly to the attention of the courts.

	[[File:russianjustice0000mary_0086.svg\|SCHEME OF TRIAL IN RSFSR]]		[[File:russianjustice0000mary_0086.svg\|SCHEME OF TRIAL IN RSFSR\|800x800px]]

	Note the recommendation of the Conference in this regard. “In order to insure the effectiveness of judicial work, the judges should endeavor to ascertain the economic and social-political results of the verdict rendered by them, being assisted in this work by public opinion organized around the judicial institutions.” The same body placed a responsibility for prevention of crime on its courts. It was not only a duty to pronounce a sentence on a guilty person, but the tribunal must by means of its favorable position discover the reason for the circumstance of the crime. The recommendation ran, “The court, when trying a case, should not only establish the guilty persons but should also disclose those economic and organizational defects and shortcomings which create a favorable atmosphere for criminal actions, signalizing such circumstances to the attention of the Party and Soviet organs by means of special riders. The results of such signalizing should be checked up from time to time.”		Note the recommendation of the Conference in this regard. “In order to insure the effectiveness of judicial work, the judges should endeavor to ascertain the economic and social-political results of the verdict rendered by them, being assisted in this work by public opinion organized around the judicial institutions.” The same body placed a responsibility for prevention of crime on its courts. It was not only a duty to pronounce a sentence on a guilty person, but the tribunal must by means of its favorable position discover the reason for the circumstance of the crime. The recommendation ran, “The court, when trying a case, should not only establish the guilty persons but should also disclose those economic and organizational defects and shortcomings which create a favorable atmosphere for criminal actions, signalizing such circumstances to the attention of the Party and Soviet organs by means of special riders. The results of such signalizing should be checked up from time to time.”
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	In trials the People’s Court is presided over by a judge assisted by two jurors who actually have most of the rights and responsibilities of the judge, and might, therefore, be called co-judges. The judges for the People’s Courts are elected for a one-year term by the local Soviet and may be recalled either by the same body or by the Commissar of Justice for sufficient cause. This provision for impeachability is one of the basic principles of organization of the Soviet courts.		In trials the People’s Court is presided over by a judge assisted by two jurors who actually have most of the rights and responsibilities of the judge, and might, therefore, be called co-judges. The judges for the People’s Courts are elected for a one-year term by the local Soviet and may be recalled either by the same body or by the Commissar of Justice for sufficient cause. This provision for impeachability is one of the basic principles of organization of the Soviet courts.

	[[File:russianjustice0000mary_0089.svg\|COURT TRIAL]]		[[File:russianjustice0000mary_0089.svg\|COURT TRIAL\|800x800px]]

	The judges of these lower courts are representatives of the working class for they themselves are of their number. A judge (and, he seemed an adequate one), in a city court of Moscow with whom the writer talked was a baker before he took up his present profession. The qualifications of the office are that in addition to being from among the toilers the judge must have “a record of two years’ responsible work in state or workers’ and peasants’ public trade union, or party organization of the workers, or of three years’ practical work in organs of Soviet justice in the capacity of not less than judicial investigators.” Whether this may be regarded as high fitness or not, it seems to insure the selection of men of fair ability for the job. Perhaps it is that business of recall that makes them so careful, but those whom the writer saw sitting were impressive in their earnestness and efforts to arrive at a constructive sentence.		The judges of these lower courts are representatives of the working class for they themselves are of their number. A judge (and, he seemed an adequate one), in a city court of Moscow with whom the writer talked was a baker before he took up his present profession. The qualifications of the office are that in addition to being from among the toilers the judge must have “a record of two years’ responsible work in state or workers’ and peasants’ public trade union, or party organization of the workers, or of three years’ practical work in organs of Soviet justice in the capacity of not less than judicial investigators.” Whether this may be regarded as high fitness or not, it seems to insure the selection of men of fair ability for the job. Perhaps it is that business of recall that makes them so careful, but those whom the writer saw sitting were impressive in their earnestness and efforts to arrive at a constructive sentence.
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	There is an interesting point involved in the restoration of the prosecution, as it now began, even though it was of revolutionary expediency. It was a swinging back to the western criminal law administration which they had annihilated at the beginning of their rule. A legal man said to me in this regard, “We acknowledge that there are many good points in the capitalist system, and we do not hesitate to borrow what are useful to us.” In court procedure, even while they do preserve the proletarian administration, one can recognize many things about their orderly procedure that has its foundation in familiar bourgeois practices. There is no denial of this on their part. Certain well established ideas of justice have proved over long years to be adequate and proper and these have been incorporated into their own judicial structure. The early disorganized practices of the proletarian administration of justice gave way when necessities and panic of the Civil War had been dissipated to a deliberative plan resulting in the many codes of 1922.		There is an interesting point involved in the restoration of the prosecution, as it now began, even though it was of revolutionary expediency. It was a swinging back to the western criminal law administration which they had annihilated at the beginning of their rule. A legal man said to me in this regard, “We acknowledge that there are many good points in the capitalist system, and we do not hesitate to borrow what are useful to us.” In court procedure, even while they do preserve the proletarian administration, one can recognize many things about their orderly procedure that has its foundation in familiar bourgeois practices. There is no denial of this on their part. Certain well established ideas of justice have proved over long years to be adequate and proper and these have been incorporated into their own judicial structure. The early disorganized practices of the proletarian administration of justice gave way when necessities and panic of the Civil War had been dissipated to a deliberative plan resulting in the many codes of 1922.

	[[File:russianjustice0000mary_0141.svg\|ORGINAZATIONAL STRUCTURE OF OFFICE OF ATTY. GEN. OF USSR]]		[[File:russianjustice0000mary_0141.svg\|ORGINAZATIONAL STRUCTURE OF OFFICE OF ATTY. GEN. OF USSR\|800x800px]]

	Before this a resurrection of the public prosecutor was on its way. Revolutionary tribunals, in their post as out-sentinels in the struggle of the government, were the first in the demand for sterner equipment of prosecution, and political expediency put an end to judicial liberalism in their practice. Characterizing this period was the attitude that placed in the hands of the ''Cheka'' the power to impose even the death penalty on those persons charged with political offenses such as the participation in counter-revolutionary activities, deliberate destruction of property or espionage, and other such crimes against the state. It was felt that if the proletariat was to continue to rule it was no time for softness, either in the judicial system or in the non-judicial tribunals which continued to exist through the bloody days of the Civil War period.		Before this a resurrection of the public prosecutor was on its way. Revolutionary tribunals, in their post as out-sentinels in the struggle of the government, were the first in the demand for sterner equipment of prosecution, and political expediency put an end to judicial liberalism in their practice. Characterizing this period was the attitude that placed in the hands of the ''Cheka'' the power to impose even the death penalty on those persons charged with political offenses such as the participation in counter-revolutionary activities, deliberate destruction of property or espionage, and other such crimes against the state. It was felt that if the proletariat was to continue to rule it was no time for softness, either in the judicial system or in the non-judicial tribunals which continued to exist through the bloody days of the Civil War period.
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	But the idea was there in the minds of those who were to define the penal policy and the Code of 1922, and set down the principle that punishment was not for the purpose of revenge and might not have for its purpose the infliction of physical pain. With this beginning there was a steady progress toward the removing of those indignities that tend to degrade a man, until the Correctional Labor Code of 1933 completed the process. In the meantime various amendments have prohibited torture, the use of handcuffs, solitary confinement, deprivation of food, or any other measure that would have the effect of degradation or do physical harm to the person.		But the idea was there in the minds of those who were to define the penal policy and the Code of 1922, and set down the principle that punishment was not for the purpose of revenge and might not have for its purpose the infliction of physical pain. With this beginning there was a steady progress toward the removing of those indignities that tend to degrade a man, until the Correctional Labor Code of 1933 completed the process. In the meantime various amendments have prohibited torture, the use of handcuffs, solitary confinement, deprivation of food, or any other measure that would have the effect of degradation or do physical harm to the person.

	[[File:russianjustice0000mary_0178.svg\|SYSTEM OF PLACES FOR DEPRIVATION OF LIBERTY]]		[[File:russianjustice0000mary_0178.svg\|SYSTEM OF PLACES FOR DEPRIVATION OF LIBERTY\|800x800px]]

	There has been a steady effort to remove what they term the “prison spirit.” There is, they tell you, no such thing as a “captive” or “prisoner.” The idea is to keep the person deprived of his liberty from feeling in any measure isolated. He is given work to do such as he would have outside and he is always conscious of its useful nature. There are instructors for the various trades, machinery, carpentry, etc., who see that each man is educated for his job.		There has been a steady effort to remove what they term the “prison spirit.” There is, they tell you, no such thing as a “captive” or “prisoner.” The idea is to keep the person deprived of his liberty from feeling in any measure isolated. He is given work to do such as he would have outside and he is always conscious of its useful nature. There are instructors for the various trades, machinery, carpentry, etc., who see that each man is educated for his job.
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	If they are making people in this Soviet land, and I think it is pretty well agreed by thoughtful persons that they are, the beginning of the process is found in their treatment of children. So much has been said and written on the care of the child in Russia that no elaboration should be necessary here, and in regard to the delinquent it is no less than that given to the normal child. Their attitude toward the child who breaks the law is not that society must be protected, but that the individual may be given an opportunity for developing his own life. His interest is uppermost and practically every branch of government cooperates in his protection and training.		If they are making people in this Soviet land, and I think it is pretty well agreed by thoughtful persons that they are, the beginning of the process is found in their treatment of children. So much has been said and written on the care of the child in Russia that no elaboration should be necessary here, and in regard to the delinquent it is no less than that given to the normal child. Their attitude toward the child who breaks the law is not that society must be protected, but that the individual may be given an opportunity for developing his own life. His interest is uppermost and practically every branch of government cooperates in his protection and training.

	[[File:russianjustice0000mary_0222.svg\|TYPICAL SCHEME OF ORGANIZATION OF F.Z.U. SCHOOL]]		[[File:russianjustice0000mary_0222.svg\|TYPICAL SCHEME OF ORGANIZATION OF F.Z.U. SCHOOL\|800x800px]]

	The Geneva declaration has been of special interest to the authorities dealing with this problem in the USSR. They believe with the author of the statement that mankind must give the child the best it has. In many of their publications they quote the main points of that declaration, and it seems of interest to set them down in relation to this chapter. They follow:		The Geneva declaration has been of special interest to the authorities dealing with this problem in the USSR. They believe with the author of the statement that mankind must give the child the best it has. In many of their publications they quote the main points of that declaration, and it seems of interest to set them down in relation to this chapter. They follow:

Library:Russian Justice - Revision history