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.[citation needed]
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].
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.
58-1а. Treason: 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 Siberia exile, depending on the circumstances: either they helped or knew and did not 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.
58-2. 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 wrecking 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.
58-11. 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 war, same as 58-2.
58-14 (added on June 6, 1927[1]) "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 shooting with confiscation of property.
Application
The article was used for the imprisonment and execution of many prominent people, as well as multitudes of nonnotable innocents.[citation needed]
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] Upon release, the prisoner would typically be sent into an exile within Russia 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] 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[citation needed]. 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.[citation needed]
Article 58 was applied 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]
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).
V.A. Kozlov et al. (eds.) 58.10. Nadzornye proizvodstva prokuratury SSSR po delam ob antisovetskoi agitatsii i propagande: annotirovannyi katalog (Moskva: Mezhdunarodnyi Fond "Demokratiia", 1999)
(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)
Wikisource has original text related to this article:
Article 58 of the RSFSR Penal Code, Special Part, revision of year 1926 (in Russian)
Extracts from Article 58 (in English)
March 08, 2023
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This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Article 58 RSFSR Penal Code news newspapers books scholar JSTOR April 2021 Learn how and when to remove this template message 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 citation needed 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 Contents 1 Summary 2 Application 3 Evolution 4 Application of the article 5 Analogs in other Union republics 6 See also 6 1 Comparable concepts in other countries 7 References 8 Bibliography 9 External links circular reference Summary EditThis section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed July 2019 Learn how and when to remove this template message 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 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 58 1a Treason death sentence or 10 years of prison both cases with property confiscation 58 1b Treason by military personnel death sentence with property confiscation 58 1v In the case of flight of the offender in treason subject to 58 1b military personnel only his relatives were subject to 5 10 years of imprisonment with confiscation or 5 years of Siberia exile depending on the circumstances either they helped or knew and did not report or simply lived with the offender 58 1g Non reporting of a treason by a military man 10 years of imprisonment Non reporting by others offense by Article 58 12 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 wrecking 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 war same as 58 2 58 14 added on June 6 1927 1 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 shooting with confiscation of property Application EditThis article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Article 58 RSFSR Penal Code news newspapers books scholar JSTOR September 2019 Learn how and when to remove this template message The article was used for the imprisonment and execution of many prominent people as well as multitudes of nonnotable innocents citation needed 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 politi cheskij short for politi cheskij zaklyuchyonnyj politichesky zakliuchonny or political prisoner as opposed to common criminals ugolovnik ugolo vnik citation needed Upon release the prisoner would typically be sent into an exile within Russia 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 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 citation needed 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 citation needed Article 58 was applied 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 EditAfter the denunciation of Stalinism by Nikita Khrushchev the code was significantly rewritten Application of the article EditAleksandr 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 EditIn Ukraine the article corresponded to Article 54 UkrSSR Penal Code in Belarus Article 63 BSSR Penal Code See also EditAnti Soviet agitation Soviet law NKVD troika Gulag 101st kilometre Politics of the Soviet Union Lenin s Hanging Order White a label on those considered anti Soviet almost exclusively in the context of the Russian civil war 1918 1922 Comparable concepts in other countries Edit Inciting subversion of state power China Berufsbeamtengesetz Reichstag Fire Decree The Malicious Practices Act 1933 Nazi Germany Insulting Turkishness TurkeyReferences Edit Archived copy PDF Archived from the original PDF on 2020 11 11 Retrieved 2019 12 31 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link a b Kai Cornelius Vom spurlosen Verschwindenlassen zur Benachrichtigungspflicht bei Festnahmen BWV Verlag 2004 p 129 ISBN 3 8305 1165 5 Aleksandr Solzhenitsyn The Gulag Archipelago Harper amp Row First Edition 1973 ISBN 0 06 013914 5 Chapter 2 Page 60 The Gulag Archipelago Part 3 Chapter 17Bibliography EditV A Kozlov et al eds 58 10 Nadzornye proizvodstva prokuratury SSSR po delam ob antisovetskoi agitatsii i propagande annotirovannyi katalog Moskva Mezhdunarodnyi Fond Demokratiia 1999 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 External links circular reference Edit Wikisource has original text related to this article Article 58 of the RSFSR Penal Code Special Part revision of year 1926 in Russian Extracts from Article 58 in English Retrieved from https en wikipedia org w index php title Article 58 RSFSR Penal Code amp oldid 1124635335, wikipedia, wiki, book, books, library,
