CHAPTER
22. -- Decree. For
Which Offenses the Death Penalty Should Be Inflicted on Someone, and for Which
Offenses the Penally Should Not Be Death, But [Another] Punishment Should Be
Imposed. In It Are 26 Articles.
1. If any son or
daughter kills his father or mother: for patricide or matricide, punish them
also with death, without the slightest mercy.
2. If any son or
daughter kills his or her father or mother with some other people, and that is
established conclusively: after investigation, also punish with death, without
the slightest mercy, those who committed such a deed with them.
3.If a father or
mother kills a son or daughter: imprison them for a year that. After having sat
in prison for a year, they shall go to God's church, and in God's church they
shall declare aloud that sin of theirs to all the people. Do not punish a
father or mother with death for [killing] a son or daughter.
4. If someone, a
son or a daughter, forgetting Christian law, proceeds to utter coarse speeches
to a father or mother, or out of impudence strikes a father or mother, and the
father or mother proceeds to petition against them for that: beat such
forgetters of Christian law with the knout for the father and mother.
5. If any son or
daughter plunder[s] a father's or mother's movable property by force; or not
honoring the father and mother and [attempting] to drive them out, proceed[s]
to denounce them for some evil deeds; or a son or daughter does not proceed to
respect and feed a father and mother in their old age, does not proceed to
support them materially in any way, and the father or mother proceed[s] to
petition the sovereign against him or her about that: inflict a severe
punishment on such children for such deeds of theirs, beat them mercilessly
with the knout, and command them to attend to their father and mother in all
obedience without any back-talk. Do not believe their denunciation.
6. If any son or
daughter proceed[s] to petition for a trial against a father or mother: do not
grant them a trial in any matter against a father or mother. Beat them with the
knout for such a petition and return them to the father and mother.
7. If someone
himself kills a brother or a sister, or someone else kills them at his command,
and that is established conclusively: punish them all themselves with death as
well for that.
8. If someone's slave
contemplates killing that person whom he serves; or, desiring to kill him,
draws a weapon against him: cut off his hand for such an action.
9. If someone's
slave kills that person whom he serves: punish him himself with death as well,
without the slightest mercy.
10. If someone,
not fearing God and not fearing the sovereign's disgrace and punishment,
inflicts an atrocious torment on someone, cuts off a hand, or a foot, or a
nose, or an ear, or cuts off [his] lips, or pokes out an eye, and that is established
conclusively: inflict the same on him for such an atrocity. Moreover, that
person on whom he committed such an atrocity shall collect [compensation] from
his hereditary estates and his movable property: if he cut off a hand, 50
rubles for the hand; if he cut off a foot, also 50 rubles for the foot; and for
a nose, and for an ear, and for lips, and for an eye, and accordingly for any
injury, 50 rubles.
11. If such a
perpetrator of atrocities, having invited, or having dragged by force, someone to
his house, proceeds to beat him with a club, the knout, or a bastinado, and
that is established conclusively at trial: inflict a severe punishment on such
a perpetrator of atrocities for such a deed of his, order him beaten with the
knout around the market places. Cast him in prison for a month. That [person]
on whom he inflicted such [a torment] shall exact from him his dishonor
compensation and maiming two-fold.
12. If someone's
slave inflicts such an atrocity on someone: torture that slave [to learn] at
whose instruction he committed such an atrocity.
If that slave
testifies under torture that he committed such an atrocity at the instruction
of that person whom he serves, or at someone else's instruction: inflict a
severe punishment for that on those people who instruct someone in such a deed,
and that person who committed such a deed accordingly, beat them with a knout
around the market places and cast them all in prison for a month.
Those people
against whom the slaves commit such an atrocity shall exact their dishonor
compensation two-fold from those people who instruct their slaves [to commit]
such a deed.
If someone's
slave commits such an atrocity against someone on his own volition and not at
anyone's instruction: having tortured such slaves, punish them with death.
13. Concerning
insurgents who instigate civil disorder among the people, and plot evil-doings
against many people by their own felonious design: punish such insurgents with
death for that felony of theirs.
14. If a wife
kills her husband, or feeds him poison, and that is established conclusively:
punish her for that, bury her alive in the ground and punish her with that
punishment without any mercy, even if the children of the killed [husband], or
any other close relatives of his, do not desire that she be executed. Do not
show her the slightest mercy, and keep her in the ground until that time when
she dies.
15.If a woman is
sentenced to the death penalty and she is pregnant at that time: do not punish
that woman with death until she gives birth, and execute her at the time when
she has given birth. Until that time, keep her in prison, or in the custody of
reliable bailiffs, so that she will not depart.
16. If someone
with felonious intent comes into someone's house, and desires to do something
shameful to the mistress of that house, or desires to carry her away somewhere
out of that house; and her slaves do not defend her against that felon, and
proceed to assist those people who have come for her in the commission [of the crime]:
and subsequently such a deed of theirs is discovered: punish with death all
those felons who with such intent come into another's house and those slaves
who assist them in the commission of such a felony.
17. If someone
out of bravado, or drunkenness, or deliberate intent gallops on a horse over
someone's wife, and knocks her down and tramples her with the horse, and
thereby dishonors her, or injures her with such a blow; and if a pregnant wife
delivers a still-born child because of that blow of his, but she herself lives,
and that is established conclusively at trial: inflict a severe punishment on
that person who commits such a deed, order him beaten with the knout
mercilessly. That wife shall exact from him the dishonor compensation and the
maiming fee two-fold. Cast him in prison for three months.
If that wife
herself dies from that blow of his: punish him with death for such an act of
his.
18. If such a
homicide occurs without deliberate intent on someone's part because the horse,
frightened by something and having broken the bridle, bolted and he was unable
to restrain it [the horse]: do not accuse that person of homicide and do not
inflict a punishment on anyone for such a deed because such a case occurred
without evil intent.
19. If someone
kills someone else at someone's instruction, and that is established
conclusively: punish both, the person who instructed the homicide and [the
person] who did the killing, with death.
20. If someone
shoot[s] from a handgun or from a bow at a wild animal, or at a bird, or at a
target; and the arrow or bullet goes astray and kills someone over a hill or
beyond a fence; or if someone by any chance kills someone with a piece of wood,
or a rock, or anything else in a non-deliberate act; and previously there was
no enmity or other animosity between that person who killed and that [person]
he killed; and it is established about that conclusively that such a homicide
occurred without deliberation and without intent: do not punish anyone with
death for such a homicide and do not incarcerate anyone in prison because that
event occurred accidentally, without intent.
21. If someone's
slave kills someone or wounds someone while defending that person whom he
serves: do not accuse that person's slave of a crime, but interrogate that
person whom he serves about that homicide.
22. If he [a
slave] kills someone by his own intent, without the knowledge of that person
whom he serves; and that person whom he serves, clearing himself and having
apprehended the slave, brings him for arraignment to the [Felony or the Moscow
Administrative] Chancellery, and himself informs [the officials] about that
homicide: do not accuse that person to whom that slave belongs in that homicide
case. Punish his slave who committed such a homicide with death.
23. If someone
poisons someone with poison, and that person who was poisoned dies from that
poison: torture rigorously that person who commits such an evil deed [to learn]
whether he previously had committed such a deed against anyone else. Having
tortured him, punish him with death.
24. If a Muslim
by any means whatsoever, by force or by deceit, compels a Russian [to convert]
to his Islamic faith; and he circumcises that Russian according to his Islamic
faith; and that is established conclusively: punish that Muslim after
investigation, burn him with fire without any mercy.
Concerning the
Russian whom he converted to Islam: send that Russian to the patriarch, or to
another high ecclesiastical figure, and order him to compile a decree according
to the canons of the Holy Apostles and the Holy Fathers.
25. If someone of
the male gender, or the female gender, having forgotten the wrath of God and
Christian law, proceeds to procure adult women and mature girls for
fornication, and that is established conclusively: inflict a severe punishment
on them for such a lawless and vile business, beat them with the knout.
26. If a woman
proceeds to live in fornication and vileness, and in fornication begets
children with someone; and she herself, or someone else at her command,
destroys those children; and that is established conclusively: punish with
death without any mercy such lawless women and that person who destroyed her
children at her order so that others looking on will not commit such a lawless
and vile deed and will refrain from fornication.