People's Commissariat of Justice of the RSFSR, Effective Application of the Law of May 21, 1928, regarding Forced Labor. January 14, 1929

Original Source: Zhurnal Narodnogo Komissariata Iustitsii, No. 2 (17 January 1929), p. 48.

To all Presidents of Regional, Provincial and District Courts and the Procurators of these Courts.

Copies to the People's Commissariat of Justice of the Autonomous Republics and Distributing Commissions.

By Decree of a joint meeting of the All-Union Central Executive Committee and the Council of People's Commissars of the RSFSR of the 26th March, 1928, the People's Commissariat of Justice was instructed to take urgent measures to ensure that thereafter the sentence of short-term deprivation of liberty should not be imposed as a measure of social protection.

In fulfillment of this Government Decree, the People's Commissariat of Justice and the Supreme Court, in a letter of instructions dated the 20th August, 1928, directed the Courts to pass sentence of short-term deprivation of liberty with the utmost circumspection and to substitute, in all cases wherever possible, forced labor, fine, discharge from post, expulsion and other measures of social protection, in accordance with the appropriate article of the Criminal Code. Moreover., in a Special Circular No. 25/s of the 30th July, 1928, the People's Commissariat of Justice decreed that Distributing Commissions everywhere should immediately transfer to forced labor all prisoners sentenced to abort-term deprivation of liberty not exceeding one year.

Notwithstanding the above-mentioned directions, the actual position continues to be most unsatisfactory. Not only have courts not comprehended the perfectly clear and unmistakable instructions of the Government, but they have also failed to carry out the not less categorical and direct instructions of the People's Commissariat of Justice. As a result, whereas the number of persons in the Republic sentenced to deprivation of liberty not exceeding one year was, on the 1st March, 1928, 24,583, or 24.8 per cent. of the total number of those incarcerated; those in custody pending trial 36,024, or 32 per cent.; and the total number deprived of liberty 111,806; on the 1st December, 1928, the number sentenced to deprivation of liberty not exceeding one year was 31,026, or 27.3 per cent.; those in custody pending trial 29,216, or 25.7 per cent.; and the total number deprived of liberty 113,555.

Thus, instead of the anticipated marked reduction, we have an absolute and real increase in the number of short-term prisoners and only a slight fall in the number of those in custody pending trial.

An investigation carried out simultaneously showed that local forced labor was not, in most cases, organized, and this fact was cited by several courts as their reason for continuing the old line of penal policy.

The People's Commissariat of Justice, considering the continuance of such a state of affairs absolutely intolerable, cancels Circular No. 149/9 of the 23rd November, 1928, and in extension of earlier circulars instructs as follows:

1. The strictest measures are to be taken to ensure that from the moment of receipt of this circular by the local courts the people's court shall thenceforth pass no sentence of short-term deprivation of liberty not exceeding one year. The courts are notified that in any case of any infringement of this instruction being established, the judge who has passed the sentence shall himself be indicted for non-fulfillment of the orders of the Central Government and shall learn from personal experience the meaning of forced labor.

Exceptions, which should be exceedingly rare, may be admitted only in the case of habitual criminals sentenced more than twice. In such cases, as a rule, the sentence should be permanent banishment to some distant place, in accordance with article 35 of the Criminal Code.

2. The courts are instructed, in all cases where the sentence under the Criminal Code is deprivation of liberty not exceeding one year, to pass without exception sentence of forced labor, fine, expulsion, or other measures of social protection, in accordance with the rules laid down in article 51 of the Criminal Code, and on no account to permit, in evasion of the present instruction, the passing of long-term sentence of deprivation of liberty for minor criminal offences.

3. A local inspection of places of detention shall be carried out immediately with a view to the immediate investigation, through Distributing Commissions, of all cases of short-timers in these places of confinement, and to transfer them to forced labor for the same term, in conformity with the direct instructions of the present circular, and with reference to the Decree of the All-Union Central Executive Committee and the Council of People's Commissars of the RSFSR of the 26th March,1928. This work should be concluded within one month and a half from the receipt of this circular.

4. The district, provincial and regional procurators, and all whom it may concern, shall personally and without delay investigate all matters concerning persons awaiting trial in custody with the object of accelerating measures for reducing the period of detention in all cases where it is not considered absolutely necessary to detain them under arrest. The same action should be taken by presidents of competent courts as regards persons awaiting trial in custody and persons who have appealed to these courts.

5. The regional, provincial and district procurators shall immediately raise with the competent executive committees the question of the urgent organization of forced labor, if such labor has not already been organized in the locality in question, notifying them that in case of non-compliance with the Decree of the Council of People's Commissars of the RSFSR of the 21st May, 1928 (" Journal of the People's Commissariat of Justice," No. 2 of 1928), and the circular of the' People's Commissariat of Justice, No. 136 of the 24th October, 1928 (" Journal of the People's Commissariat of Justice," No. 38/39 of 1928), within the shortest time, the procurator himself will raise the question of instituting proceedings against persons in charge of administrative departments, even to the extent of sending these persons also to forced labor under sentence of the court.

6. The regional, provincial and district procurators and the procurators of the autonomous republics shall, by the 5th of each month, for the period of the next three months ' present data, as at the first of the month, regarding the number of short- and long-timers and of those in custody pending trial or appeal.

7. All members of procurators' departments and judges are made personally responsible for the timely and exact enforcement of the orders of the Government and of the People's Commissariat of Justice regarding the reduction in number of short-term sentences and of the percentage of persons awaiting trial in custody, and regarding the organization of forced labor. Persons guilty of noncompliance with these instructions shall be liable to the severest penalties.

8. This Circular must immediately on receipt be brought to the notice of, and be put into effect by, all members of courts and of the procurator's department.

Source: Selection of Documents Relative to the Labour Legislation in Force in the Union of Soviet Socialist Republics (London: H. M. Stationery Office, 1931), pp. 138-140.