REGULATIONS GOVERNING PUNISHMENTS OF COUNTERREVOLUTIONARIES

8 April 1934

[Text] By Order of the Chinese Soviet Republic Central Executive Committee, No 6

Directive on the proclamation of the laws governing the punishment of counter-revolutionaries, 8 April 1934

Mao Tse-tung, chairman

Hsiang Ying, Chang Kuo-t'ao, vice chairmen

Article 1

Punishment will be meted out in accordance with these laws to all who are guilty of the offenses listed regardless of whether he is Chinese or a foreigner, or whether the crime was committed within or without the territories of the Chinese Soviet Republic.

Article 2

Regardless of the means used, all attempts to overthrow or sabotage the authority of the Soviet Government and the authority won by the workers-peasant revolution in order to preserve or restore the rulers of the gentry class or the landlord bourgeoisie are counterrevolutionary activities.

(Note:) The term counterrevolutionary criminal activities against the Soviet or within the Soviet territories includes all criminal activities against the revolution, against the revolutionary committee or areas under its jurisdiction.

Article 3

The death penalty will be passed on those who organize armed forces against the revolution and groups of bandits to aggress on the territories of the soviets, or those who incite the people residing within the soviet territories to engage in counterrevolutionary activities.

Article 4

All those who collude with the imperialist Kuomintang warlords to attack Soviet territories by force, or resist the movements of the Red Army will be given the death sentence.

Article 5

Organizers of various counterrevolutionary groups to oppose or sabotage the Soviet in an attempt to preserve or restore the rulers of the gentry class and the landlord bourgeoisie shall be given the death penalty. A minimum of 3 years' imprisonment will be given to those offenders of lesser gravity.

Article 6

Organizing or inciting the people to refuse payment of taxes or from discharging other obligations in order to harm the Soviet will be given the death sentence. A minimum of 1 year imprisonment will be imposed on those with lesser offenses.

Article 7

The death penalty will be passed on those who deliberately oppose or sabotage the various laws and other various enterprises engaged in by the Soviet with the objective to counter the revolution. Lesser offenders will be given a minimum of 1 year imprisonment.

Article 8

Those who infiltrated Soviet organizations or Soviet enterprises in order to rob the Soviet of its political power or its enterprises with the objective of countering the revolution will be given the death sentence. Where circumstances are of lesser gravity, a minimum sentence of 2 years will be imposed.

Article 9

With counterrevolution as the objective, those who commit murder or harmful acts against the Soviet Government, the Red Army, workers of revolutionary groups and other revolutionaries, the person who gave the instructions or the person who actually performs the act will receive the death penalty, regardless of the means used.

Article 10

Anyone who spies, or who passes along, steals or collects various sensitive materials of state on military secrets with the objective of counter-revolution or to seek rewards in the service of the counterrevolutionaries will be given the death penalty. Those who are lazy in performance of duties and carelessly reveal these aforementioned secrets will receive a sentence of from 1 to 3 years.

Article 11

The death penalty will be given to those who have held positions of high responsibilities with the counterrevolutionary rulers and actively oppose the interests of the workers and peasants and the revolutionary movement. The penalty may be commuted to a lesser one when the circumstances are special.

Article 12

Those who with counterrevolution as their objective use reactionary literature, pictures, lectures and discussions to encourage and make propaganda to residents and Red fighters, or create rumors to bring panic to society, sabotage the confidence in the Soviet and the Red Army, will be sentenced to death. Lighter offenses will be given imprisonment of 6 months or more.

Article 13

Manufacturing and retaining various literature, pictures, of a provocative nature to use in making counterrevolutionary propaganda will be sentenced to imprisonment from 1 to 5 years.

Article 14

Using religious superstition to instigate people to sabotage the Soviet and its laws with counterrevolution in mind will be given the death penalty. Lighter offenses will be given terms of imprisonment for a period of 6 months or more.

Article 15

The death penalty will be given to those (revolutionary renegades) who surrender to the counterrevolution and turn over to them all State secrets, or actively help the counterrevolution to oppose the Soviet and the Red Army.

Article 16

Those taking weapons and other military supplies and surrendering to the enemy, persuading or organizing others to surrender to the enemy will all be sentenced to death.

Article 17

The death penalty will be given to those who infiltrate revolutionary armed troops in an attempt to sabotage or take over to help the enemy with the objective of countering the revolution.

Article 18

The death penalty will be given to all who lead or organize Red fighters to flee. This also applies to individual Red fighters going AWOL. Penalties may be commuted under special circumstances.

Article 19

Those who with counterrevolution as the objective take to deliberately destroying or discarding weapons and other military supplies or who secretly sell military supplies to the enemy will all be given the death penalty. A minimum of 1 year imprisonment will be given to lighter offenses.

Article 20

The death penalty is for all who, with counterrevolution as their objective, deliberately disobey the orders of their commanders in an attempt to sabotage certain combat tasks, or deliberately fire on their own troops at the front, or try to create confusion when the opportunity occurs.

Article 21

Anyone who, with counterrevolution in mind, wantonly kills revolutionary people or destroys their properties, hurting the honor and trust enjoyed by the Soviet and the Red Army, will be given the death penalty. A sentence of 6 months or more will be given to offenses of lighter nature.

Article 22

Surreptitious stocking of arms, in an attempt to achieve the objective of counterrevolution, will draw the death penalty.

Article 23

Those who organize secret organizations, with counterrevolution in mind, sabotaging land and water transportations, public granaries, state enterprises and other buildings will receive the death sentence. For lighter offenses imprisonment of 6 months and over will be imposed.

Article 24

Arson activities against buildings and forests, with counterrevolution as the objective, causing great damages to the State and the people will incur the death penalty. Six months or more imprisonment will be given for lighter offenders.

Article 25

Printing or bringing in counterfeit Soviet currency, bonds or letters of credit to sabotage the economy of the Chinese Soviet Republic, will result in the death penalty. Those who instigate the people to refuse acceptance of Soviet currency or bring about market panic through the manipulation of Soviet currency, or instigate the people to refuse paying taxes to Soviet banks or hoard large amounts of cash, or surreptitiously sending out large amounts of cash to other areas in a deliberate attempt to confuse the money market of the Soviet will be given the death penalty. Six months or more of imprisonment will be imposed on lesser offenses.

Article 26

Blocking or sabotaging the trade of the Soviet, with counterrevolution as the objective, causing damages to State enterprises, cooperatives and the people or deliberately closing down enterprises to bring about an economic crisis will result in the death sentence. Lesser offenders will receive imprisonment of 1 year or more.

Article 27

Anyone posing under the name of the Red Army or a revolutionary group and forging public and private seals and documents of the Red Army or of the revolutionary groups, to carry out counterrevolutionary activities will be sentenced to death. Six months or more of imprisonment will be imposed for lesser offenders.

Article 28

Infiltrating Soviet organizations with counterrevolution as the objective, deliberately condoning criminal activities of counterrevolutionary elements or landlord bourgeoisie or allowing them to escape are crimes punishable by death. Anyone who passes light sentences for serious crimes, falsely accusing revolutionary elements and subjecting them to cruel punishments, or suppresses charges brought against counterrevolutionaries will be sentenced to death. For lesser offenses, sentences of 2 years or more will be passed.

Article 29

Death will be the penalty for those who secretly return to the Soviet areas after their expulsion, in order to engage in counterrevolutionary activities.

Article 30

Hiding or assisting the various criminals described under articles 3 through 29, will be considered the same as crimes described under those articles.

Article 31

Heavier sentences will be imposed on those who have been sentenced by the courts for one or more of the crimes listed under articles 3 through 30 and again commit one or more of the same crimes.

Article 32

Penalties may be reduced for those who engaged in the criminal acts listed under these articles but had not been able to achieve the objective (uncommitted crime), thereby becoming an accessory.

Article 33

Should anyone be threatened by others to commit a crime, or not realize the ultimate purpose of the criminal act or not be directly connected with the crime, his sentence could either be commuted or he could be set free, in accordance with the regulations stipulated in these articles.

Article 34

Worker and peasant criminals who are not leaders, or whose crimes are not serious, should be given lighter sentences than those of the landlord bourgeoisie, in accordance with the stipulations of these articles.

Article 35

For those who rendered meritorious service to the Soviet, sentences for their crimes should be lightened, in accordance with the stipulations carried in the articles.

Article 36

Those who confess the crimes they commit before being discovered, or who are detected but repent and honestly report the details of the crime to help organizations for the suppression of counterrevolutionaries and expose co-conspirators should have their sentences lightened in accordance with the stipulations of the articles.

Article 37

Lighter sentences should be given to those under the age of 16 who commit the crimes stipulated. Children under 14 years of age should be handed over to educational organizations or rehabilitation education.

Article 38

Counterrevolutionary crimes not included in these articles will be handled under those articles containing stipulations of crimes of a similar nature.

Article 39

Anyone committing one or more of the crimes listed under these articles shall have all or part of his assets confiscated, in addition to the sentence. All or part of his citizenship rights shall be stripped.

Article 40

The maximum term of imprisonment stipulated in these articles is set at 10 years.

Article 41

This law becomes effective as of the date of proclamation.

*Soviet Laws, Vol 2, The People's Committee for Judicial Affairs (Moscow), July 1934.

* Compilation of Reactionary Documents of the Red Bandits, Vol 5, 1935.