Kapger Ivan Hristianovich( One of the major figures on the reform of the military criminal law)
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Biography Kapger Ivan Hristianovich
(1806 - 1867). In the thirties, as a senior official compartment II His Majesty's own office, participated in the drafting of a set of local laws Ostsee provinces, in 1851. appointed Senator. The most important reason for the revision of the military criminal law was the publication in 1845. of the Penal Code, which violated the unity of the laws of war - military criminal statute in 1839, Mr.. with the laws of general. Therefore, even in 1846, Mr.. followed by the command to start drafting a new military penal statute. In 1852, Mr.. revised draft, almost not moving forward, was charged Kapgeru, who finished the job in 1857. His project was a full Penal Code, referring not only military, criminal acts, but also general. However, Kapger corrected many of the shortcomings of the code, for example, on the criminality of the crime, the impact on the punishment for drunkenness and other. System of formal independence of the military penal legislation was subsequently rejected, was also found to be inappropriate in a special code to correct deficiencies in common, for not having a special character. Despite this, labor Kapger is the foundation on which the entire activities of military statute on penalties. Explanatory note to the draft 1857. contain criticism of deterrence, has consistently held in the military criminal statute in 1839, and, in particular, criticism of corporal punishment. Due to the abolition, in 1863, strokes of the rod and limits flogging Kapgeru had to revise the draft. In 1864, Mr.. revised draft was submitted to the military commission codification. Here, the main issue, Kapger remained in the minority, the majority acknowledged that the military statute of penalties should encompass only exemption from compliance with whose troops are subject to general laws. Further movement of the project had passed without the direct involvement Kapgera. Equally Kapger and took part in the drafting of the military disciplinary code. - See. Kuzmin-Karavayev, "Characterization of the general part of the code and the military code of punishment" (St. Petersburg, 1890).