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Article 58 (RSFSR Penal Code)


Article 58 of the Russian SFSR Penal Code was put in force on 25 February 1927 to arrest those suspected of counter-revolutionary activities. It was revised several times. In particular, its Article 58-1 was updated by the listed sub-articles and put in force on 8 June 1934.

This article introduced the formal notion of the enemy of workers: those subject to articles 58-2 — 58-13 (those under 58-1 were "traitors", 58-14 were "saboteurs").

Penal codes of other republics of the Soviet Union also had articles of similar nature.

Note: In this section, the phraseology of article 58 is given in quotes.

The article covered the following offenses.

It was not limited to anti-Soviet acts: by "international solidarity of workers", any other "worker's state" was protected by this article.

The article was used for the imprisonment and execution of many prominent people, as well as multitudes of nonnotable innocents.

Sentences were long, up to 25 years, and frequently extended indefinitely without trial or consultation. Inmates under Article 58 were known as "politichesky" (полити́ческий, short for полити́ческий заключённый, "politи́chesky zakliuchenny" or "political prisoner"), as opposed to common criminals, "ugolovnik" (уголо́вник). Upon release, the prisoner would typically be sent into an exile within Russia without the right to settle closer than 100 km from large cities.

Section 10 of Article 58 made "propaganda and agitation against the Soviet Union" a triable offence, whilst section 12 allowed for onlookers to be prosecuted for not reporting instances of section 10. In effect, Article 58 was carte blanche for the secret police to arrest and imprison anyone deemed suspicious, making for its use as a political weapon. A person could be framed: The latter would arrange an "anti-Soviet" incident in the person's presence and then try the person for it. If the person pleaded innocence, not having reported the incident would also make them liable to imprisonment.

During and after World War II, Article 58 was used to imprison some of the returned Soviet prisoners of war on the grounds that their capture and detainment by the Axis Powers during the war was proof that they did not fight to the death and were therefore anti-Soviet.


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