Article 58 (RSFSR Penal Code) - Summary

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' 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 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. 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 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.

• 58-2. 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, 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 shooting with confiscation of property.