V. I.

Lenin

Addendum to the Draft Preamble to The Criminal Code of the R.S.F.S.R. and a Letter to D. I. Kursky [1]

Draft

Preamble to the Criminal Code of the R.S.F.S.R.

| x | ... 5. Pending the establishment of conditions
guaranteeing Soviet power against counter-revolutionary
encroachments upon it, the revolutionary tribunals shall be given
the right to apply capital punishment for crimes under Articles 58,
59, 60, 61, 62, 63+64 of the Criminal Code). |
| --- | --- |
| | X) | Add also Articles 64 and 65 and 66 and 67 and 68 and 69. |
| | X X) | Add the right, by decision of the Presidium of the All-Russia
Central Executive Committee, to commute the death sentence to
deportation (for a term or for life). |
| | X X X) | Add: death penalty for illicit return from abroad. |

Comrade Kursky, I think the application of the death sentence should be extended
(commutable to deportation). See 1st line down —to all forms of
activity by the Mensheviks, S.R.s and so on ; to be formulated so as to identify these acts with those of the
international bourgeoisie and their struggle against us (bribing
the press and agents, working for war and so on).

Please return urgently with your comments.

15/V.

Lenin

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Notes:
[1]
These documents were written by Lenin in connection with the drafting
of the Criminal Code of the R.S.F.S.R. by the People’s Commissariat for
Justice and its discussion at the Third Session of the Ninth Convocation of
the All-Russia Central Executive Committee, which took place from May 12 to
26, 1922. The addenda and the first letter were written by Lenin to the
draft “Preamble to the Criminal Code of the R.S.F.S.R.” sent him by
D. I. Kursky, People’s Commissar for Justice. After a talk with Kursky on
this question, Lenin wrote his second letter with the rough draft of an
additional Article to the Criminal Code.

Lenin’s proposals were taken into consideration during the later drafting
of the section of the Criminal Code dealing with “Counter-Revolutionary
Crimes”.

The Criminal Code of the R.S.F.S.R. was endorsed by the Third Session
of the All-Russia C.E.C. and put in force on June 1, 1922 (see
Collection of Statutes and Decrees of the Workers’ and Peasants’ Government (Russ. ed.), Moscow, 1922, No. 15, June 1, Article 153,
pp. 202–39).