![Code of Principal and Corrective Penalties [1847]](https://gcp-la8-storage-cdn.lot-art.com/public/upl/93/Code-of-Principal-and-Corrective-Penalties-1847_6ac031972b9a3-full-77574000_1790980504-6ac03198bd649.jpg "Code of Principal and Corrective Penalties [1847]")
Code of Principal and Corrective Penalties [1847]
Title: Code of Principal and Corrective Penalties.
Author: Collective work [official codification of the criminal law of the Kingdom of Poland, compiled under the direction of Romuald Huby].
Publisher: Warsaw, Printed by the Government Commission of Justice.
Year of publication: 1847.
Format: 23 cm.
Volume: [4], 943, [5] pp.
Binding: Contemporary half-leather binding.
This is the official edition of the Penal Code promulgated in 1847. As of January 1, 1848, it replaced the liberal Penal Code of 1818—based on Enlightenment models—in the Kingdom of Poland. The text is an adaptation for the Kingdom of Russia of the 1845 code: it contains 1,221 articles organized into twelve sections, compared to the 2,224 articles of the original. Its introduction during the reign of Nicholas I was part of a policy to unify the Kingdom’s laws with those of the Empire following the November Uprising and signaled a marked intensification of repression. The Code expanded the list of crimes against state authority. It distinguished between four Christian denominations, granting privileges to the Orthodox Church, and also provided for ecclesiastical penalties for apostasy and violations of the provisions on mixed marriages. Although it formally recognized the principles of nullum crimen and nulla poena sine lege, Article 156 permitted punishment by analogy, which legal historians refer to as “a perfect tool of repression.” The penal system directly implemented the theory of deterrence. The principal punishments included death, hard labor, exile to Siberia, and confinement in a fortress, while corrective punishments included settlement in Siberia, administrative exile, reformatories, and fines. Corporal punishment was an integral part of many sentences. In this form, the code remained in force in the Kingdom until 1876, when it was replaced by the Russian code as amended in 1866.
The principal author of both the Russian code and its version for the Kingdom was Romuald Hube (1803–1890), an eminent jurist and legal historian. In 1829, as the youngest full professor in the Faculty of Law, he assumed a chair at the University of Warsaw. From 1833, he worked in St. Petersburg on the Codification Commission for the Laws of the Kingdom of Poland, and served as its chairman from 1856 to 1861. From 1841 to 1845, he also lectured at the University of St. Petersburg. As a legal historian, he published the seminal works *Polish Law in the Thirteenth Century* (1874) and *The Legislation of Casimir the Great* (1881). Ludwik Gumplowicz called him “the foremost authority in Polish legal history.” However, Hube’s involvement in drafting the criminal code was met with criticism in the Kingdom.
Provenance: a piece without institutional stamps or ownership inscriptions.
This is a primary source on the history of criminal law in the Polish lands under Russian partition, in the official Warsaw edition, bound in a period binding. A must-have for collectors of early legal prints and for historians of law, the political system, and the administration of the Kingdom of Poland.
The text block is clean, free of stains and watermarks, and the print is fully legible; the title page is missing. Period half-leather binding with natural signs of wear.
Catalog ID: 9097-24-A-Y
Reserve
Time, Location
Auction House
Title: Code of Principal and Corrective Penalties.
Author: Collective work [official codification of the criminal law of the Kingdom of Poland, compiled under the direction of Romuald Huby].
Publisher: Warsaw, Printed by the Government Commission of Justice.
Year of publication: 1847.
Format: 23 cm.
Volume: [4], 943, [5] pp.
Binding: Contemporary half-leather binding.
This is the official edition of the Penal Code promulgated in 1847. As of January 1, 1848, it replaced the liberal Penal Code of 1818—based on Enlightenment models—in the Kingdom of Poland. The text is an adaptation for the Kingdom of Russia of the 1845 code: it contains 1,221 articles organized into twelve sections, compared to the 2,224 articles of the original. Its introduction during the reign of Nicholas I was part of a policy to unify the Kingdom’s laws with those of the Empire following the November Uprising and signaled a marked intensification of repression. The Code expanded the list of crimes against state authority. It distinguished between four Christian denominations, granting privileges to the Orthodox Church, and also provided for ecclesiastical penalties for apostasy and violations of the provisions on mixed marriages. Although it formally recognized the principles of nullum crimen and nulla poena sine lege, Article 156 permitted punishment by analogy, which legal historians refer to as “a perfect tool of repression.” The penal system directly implemented the theory of deterrence. The principal punishments included death, hard labor, exile to Siberia, and confinement in a fortress, while corrective punishments included settlement in Siberia, administrative exile, reformatories, and fines. Corporal punishment was an integral part of many sentences. In this form, the code remained in force in the Kingdom until 1876, when it was replaced by the Russian code as amended in 1866.
The principal author of both the Russian code and its version for the Kingdom was Romuald Hube (1803–1890), an eminent jurist and legal historian. In 1829, as the youngest full professor in the Faculty of Law, he assumed a chair at the University of Warsaw. From 1833, he worked in St. Petersburg on the Codification Commission for the Laws of the Kingdom of Poland, and served as its chairman from 1856 to 1861. From 1841 to 1845, he also lectured at the University of St. Petersburg. As a legal historian, he published the seminal works *Polish Law in the Thirteenth Century* (1874) and *The Legislation of Casimir the Great* (1881). Ludwik Gumplowicz called him “the foremost authority in Polish legal history.” However, Hube’s involvement in drafting the criminal code was met with criticism in the Kingdom.
Provenance: a piece without institutional stamps or ownership inscriptions.
This is a primary source on the history of criminal law in the Polish lands under Russian partition, in the official Warsaw edition, bound in a period binding. A must-have for collectors of early legal prints and for historians of law, the political system, and the administration of the Kingdom of Poland.
The text block is clean, free of stains and watermarks, and the print is fully legible; the title page is missing. Period half-leather binding with natural signs of wear.
Catalog ID: 9097-24-A-Y
Reserve
Time, Location
Auction House
