FORCE – Forensic Culture in Europe, 1930-2000

Atlas of Forensic Culture – Russia

By dr. Volha Parfenchyk

An illustrative example is the case of the so-called ‘first Russian serial killer’ Vasylii Petrov-Komarov who was aided by his wife Sofia, a well-known case and widely discussed in the scientific literature  and media of that time. Working as horse trader, Petrov-Komarov invited customers to his house under the pretense of selling them a horse, offered them alcohol to diminish their ability to resist and killed them with a hammer. In total, he confessed to killing thirty-three victims. Komarov was aided by his wife Sofia. As it was discovered during the preliminary investigation, Sofia was a timid woman who was frequently beaten by her husband but she endured the misery due to financial dependency on him. This dependency eventually turned into a complete subordination to her husband, even as she discovered Vasylii’s macabre business. Both Vasylii and Sofia were examined by three psychiatrists, including Evgenii Krasnushkin, Nikolai Brukhanskii and Evgenii Dovbnia, all of which were authoritative and well-known figures in forensic psychiatry. Vasylii was diagnosed with psychopathy, alcoholism and degeneracy but found accountable. Instead, Sofia was described as an ‘intellectually uncultured, undeveloped, and psychologically intimidated person, acting due to the fear for her husband’. As a result, the experts found her accountable but the fact that she was ‘a deficient person and was influenced by the extreme fear for her husband’, according to them, should serve as a mitigating circumstance. The court convicted both perpetrators to death penalty, however, hence not following the recommendations of psychiatrists and not imposing a more lenient sentence on Sophia.

1901

The Korsakov Journal of Neurology and Psychiatry is established

1907

The St. Petersburg Bekhterev Psychoneurological Research Institute is founded

1921

The Serbsky State Scientific Center for Social and Forensic Psychiatry is founded

The Serbsky Institute, named after psychiatrist Vladimir Serbsky, was founded to assist with forensic psychiatry in criminal courts.

1922

New Russian Criminal code comes into effect

The first complete Criminal Code based on Soviet Criminal Law was established in 1922. Previously, in 1918, the first “Leading Principles of the Criminal Law” had been published, but this only gave some general rules and did not contain provisions regarding particular crimes.

The journal ‘Pravo i zhizn’ (‘Law and life’) is established

1925

Publication of the article "Diminished responsibility in Soviet criminal law" in Pravo i zhizn

1927

First All-Union Congress of Neuropathologists and Psychiatrists

Various substantial amendments to the Russian Criminal Code come into effect

The journal ‘Sovetskoe gosudarstvo i pravo’ (‘Soviet state and law’) is established

1929

Article ‘The Year of the Great Break” by Stalin published in the newspaper “Pravda”

1930

The First State Moscow Medical University is founded

1933

Death of psychiatrist Pyotr Borisovich Gannushkin (1875)

Gannushkin was a student of Sergei Korsakoff and Vladimir Serbsky (after which the Serbsky institute was named). Gannushkin developed one of the first theories of psychopathies.

Gannushkin, B. (1933). Psihopatii: ih statika, dinamika, sistematika. (Psychopathies: their static, dynamic and systematic analysis)

1934

Publication of Psikhopatii i ikh sudebno-psikhiatricheskoe znachenie. (Psychopathies and their forensic significance) by dr. Cecelia Feinberg

Cecelia Feinberg was the director of the Moscow Cabinet for the Study of the Personality of the Criminal.

Founding of the journal ‘Socialisticheskaya zakonnost’ (‘Socialist legality’). Now called ‘Zakonnost (‘Legality’)

1936

Second All-Union Congress of Neuropathologists and Psychiatrists

First All-Union meeting on forensic psychiatry

Adoption of the new Soviet Constitution

This constitution, also known as the Stalin constitution, was instituted with the goal to reflect the attainment of socialism in the USSR, instituting universal suffrage and granting based civil rights to the populations, on paper abolishing previous classes into life as equal citizens.

1937

Adoption of the decree prohibiting abortions in the Soviet Union

Death of Evgeny Bronislavovich Pashukanis

1938

Death of Prosecutor General of the RSFSRNikolai Vasilyevich Krylenko (1885-1935)

1941

Publication of Teoria sudebnyh dokazatelstv v sovetskom prave. (The theory of evidence in soviet law) by A. Vyshinski

1944

Institute of Psychiatry of the USSR Medical Academy of Sciences (now The Scientific Center of Mental Health

1948

Third All-Union Congress of Neuropathologists and Psychiatrists

Death of forensic pathologist Nikolai Pavlovich Bruhanskii (1893-1948)

1950

Pavlovian session

1951

Death of forensic psychiatrist Evgenii Konstantinovich Krasnushkin (1855-1851)

1954

Birth of legal scholar and the USSR prosecutor general Andrey Yanuaryevich Vyshinsky

1955

Adoption of the ‘Ukaz’ decriminalizing abortions

1958

Publication of Kurs sovetskogo ugolovnogo protsessa. (Soviet criminal procedure law) by M. Strogovich

Publication of ‘Sudebnaia medicina’ (‘Forensic medicine’)

1960

Adoption of the new Russian Criminal Code

1963

Fourth All-Union Congress of Neuropathologists and Psychiatrists

1965

Death of forensic psychiatrist Oleg Vasilievich Kerbikov (1907-1965)

Publication of Vvedenie v sovetskuiu kriminologiiu. (Introduction to Soviet criminology) by A. Gertsenzon

1973

Death of Cecilia Mironovna Feinberg (1885-1973)

1977

Death of psychiatrist Daniil Romanovich Lunts (1912-1977)

1978

Adoption of the new Russian Constitution

1987

Death of Andrei Vladimirovich Snezhnevski (1904), psychiatrist and director of the Serbsky Institute

1988

Publication of Sudebnaya psihiatria. Rukivodstvo dlia vrachei. (Forensic medicine. A guide for doctors) by G. Morozov

1991

Founding of the journal ‘Nezavisimyi psihiatricheskii zhurnal’ (‘Independent psychiatric journal’)

Founding of the journal ‘Rossiyskiy Psikhiatricheskiy Zhurnal’ (‘The Russian Journal of Psychiatry’)

1993

Adoption of the new Russian Constitution

1996

Adoption of the new Russian Criminal Code

2012

Death of psychiatrist Georgi Vasilievich Morozov (1920-2012)

Russian political regime could be broadely defined as totalitarian/authoritatian. Central to it were a significant limitation of individual freedoms, one-party rule (Communist Party of the Soviet Union), and the presence of an ideology (Marxism-Leninism). However, there has been much debate among historians as to the concrete actors that brought this regime into being. The representatives of the so-called ‘totalitarian’ school mostly focused on the state, the Party, and key political figures. Some of the well-know representatives of the ‘totalitarian school’ are Richard Pipes and Robert Conquest. The ‘revisionist’ school, instead, paid attention to the ways in which forces from below sustained the Soviet political regime. The most influential representative of this school is Sheila Fitzpatrick. ‘Post-revisionists’, represented by Stephen Kotkin, Igor Halfin among others, shifted the focus even further and and explored the self-perception and subjectivation of Soviet citizens as well as the role that ideology and the existing power relations played it.

Atheism was actively supported by the Communist Party and state authorities right until Perestroika. In addition to the propaganda of atheism, state authorities, particularly in the 1920s – 1930s, carried out mass arrests and persecution of clergy and religious preachers. However, there has never been a complete elimination of organized religious life, and in certain periods of its history the Russian authorities allowed – and even provided support to – some confessions (e.g. Eastern orthodox) in pursuit of their political interests.

Russia had a civil legal system, which meant that the legislation, rather than case law, was the main source of law. Similar to other civil law countries, all law was codified. Throughout the whole period, the development of Soviet law was significantly affected by Marxism-Leninism. For example, as a result of this influence the principles of ‘class approach’ and ‘socialist legality’ (which preceeded the principle of ‘revolutionary legality’ of the 1920s) became central to the Soviet law. Private property was famously abolished. In addition, Soviet law did not have separation of powers in the traditional liberal sense; for example, the judicial branch was subordinated to the Communist Party. In terms of the type of legal process, Russia belonged to the inquisitorial legal systems, with the notable absence of a jury.

One of the man social commitments of the Revolution was to promote the equality of men and women. It also sought to bring women into the paid labor force and free them from their traditional domestic responsibilities so they could participate in work outside home. New Russian law decriminalized abortion, introduced equal rights of men and women, simplified divorce and marriage procedures, and introduced civil marriage. At the same time, many Russian gender ideologists did not completely reject the important role of the woman as a mother. This construction of the woman as both a mother and a worker would be a very important element of gender ideology of the soviet gender policy.

Alongside this progressive gender ideology, more conservative views on women continued to exist. One of them was the explanation provided by criminologists regarding the causes of female criminality. As the historian sharon Kowalsky argued, many criminologists attribued the causes of female criminality to their subordinate status and male influence, particularly in crimes such as infanticide. In the case of the wife of Petrov-Komarov Sofia we also see that psychiatrists believed that Sofia became an accomplice of Petrov-Komarov due to her absolute obedience to him, warranting a more lenient punishment.

With the coming to power of Stalin, the official approach to gender policy changed. In 1936 the Soviet Union made abortion illegal again, which was part of Stalin’s initiative to encourage population growth, as well as place a stronger emphasis on the importance of the family unit to communism. In 1944, and particularly due to the war and population decline, Russian authorities issued an edict according which ‘only a registered marriage creates rights and responsibilities for the spouses’. One of the implications of this edict was that the children born outside marriage were illegitimate even if their father would acknowledge his paternity. All responsibilities related to raising these children were attributed to women and the state refused to accept any responsibility for taking care of these children.

After the death of Stalin, again a more liberal and progressive gender policy was introduced. To tackle the problem of backstreet abortion the latter became again legally possible. The programmes and gender ideology established in the 1930s continued with better funding for social services and education. To alleviate the ‘double shift’ the women experienced in the Soviet Union, state authorites engaged into improving social services. For example, by 1970, fifty percent of urban children were enrolled in daycare. Subsidies paid during maternity leave were increased, and welfare payments for children in low-income families were established.

Media and the state

Mass media, including printed press, radio and television broadcasts, cinema and photography, were heavily censured in Soviet Russia. The dissemination of information that contradicted the official sources was strongly suppressed. The ways in which this was done included the direct ban on alternative sources of information, but also indirect ways, including the appointment of the individuals with the right ‘biography’ in media outlets. The objects of censorship included all information that could ‘discredit’ the social authorities and the soviet regime, particularly ‘anti-Soviet propaganda’, the information about social, economic problems (including criminality), etc.

Main newspapers

The main Russian newspapers included Pravda (the Truth), Izvestia (News), Komsomolskaya Pravda (Komsomol Truth), Vecherniaa Moskva (Evening Moscow), and many others.

Printed media also included many specialised newspapers and magazines such as Nauka I Zhizn (Science and Life, a popular magazine about science) and magazines for the youth such as Junyi Naturalist (a journal about nature), Murzilka (for children from six to twelve years old, which has been running since 1924).

Mass media and crimes

Generally, soviet mass media did not publish the official statistics about criminality in Russia and did not openly discuss the continuously rising criminality rates. The official newspapers such as Pravda and Komsomoslkaya Pravda typically published articles about crimes “efficiently” solved by the Soviet law enforcement to increase public confidence in Soviet criminal justice. Often, they published these articles in a sensationalised manner, with details of the concrete cases aimed at provoking a stronge emotional response  on the part of the reader. Other magazines such as Literaturnaya gazeta (Literary newspaper) were aimed at a more educated audience and thus were more sober and analytical. Such media outlets were aimed not at impressing, but rather addressing the continuously failing attempts of the Soviet authorities to combat criminality, both through the publishing journalist articles and the opinions the readers (who were generously invited to send their opinions to newspapers and publish them in a specialised section). Whereas these outlets were still censored, they became a platform for Soviet citizens to voice their concerns about crime and criminality which coninued to exist despite the official propaganda, hence leading to cynicism and distrust of the state on the part of the citizenry.

There is much historical debate about the social structure of Soviet Russia, and the processes between/within different social groups (e.g. upward and downward mobility, the changing support of different social groups of the Stalin policy, the emergence of the new social groups, etc). The revisionist school of soviet history, particularly owing to archival research, has provided a great contribution to research in this area. While accepting a more or less traditional division of the soviet society into the ‘working class’, ‘peasantry’, and ‘intelligentsia’, these works showed that the boundaries between these classes and the values they shared were fluid for the most of the soviet history.

Some of the important conclusions of these works were:

  • The emergence of the ‘new elite’ group – or the soviet ‘middle class’ – which started in 1929 and lasted till 1980s due to the working class’ and peasantry’s upward mobility. The ‘new elite’ group included educated Russians, such as engineers, scientists, managers, etc. This group was characterised by particular social and cultural values (conservatism, puritanism, particularly regarding family and gender relations, the appreciation of stability), and generally accepted the intervention of the state in personal and social life. The members of the ‘new elite’ were generally trained in technical subjects, which made them particularly in demand for the running of the industrial society which the Soviet Union was for the most part of its history.
  • Significant mobility from peasants’ classes into the cities, leading to the ‘peasantization’ of the urban classes, and the introduction of habits and mores that were typical for the then peasants (illiteracy, backwardness, authoritarianism; for example, in family relations) in the new urban classes. According to some researchers, precisely this ruralisation of the city paved the ground for the emergence and consolidation of the Russian authoritarianism.
  • The rise of the marginalized groups (prostitutes, beggars, trumps, released prisoners) which undermined the correctness of the idea of class stratification as propagated and deployed in the soviet times.

Criminal Code 1926. Sexual intercourse committed by excertion of physical violence, threats, intimidation or using, through deception, the helpless state of the victim (rape) is punished by deprivation of freedom for a term up to five years (Art 153).

Criminal Code 1960. Rape, that is, sexual relations by application of physical force or threats or by taking advantage of the helpless condition of the victim shall be punished by deprivation of freedom for a term from three to seven years (Art 117).

Criminal Code 1996. Rape, that is, sexual relations by application of physical force or threats to the victim or other persons or taking advantage of the helpless condition of the victim shall be punished by deprivation of freedom for a term of three to six years (Art 131).

Criminal Code 1926. Intentional homicide committed without the circumstances indicated in art. 136 shall be punished by deprivation of freedom for a term up to eight years (Art 137).

 

Criminal Code 1960. Intentional homicide committed without the aggravating circumstances indicated in Article 102 of the present Code shall be punished by deprivation of freedom for a term of three to ten years (Art 103).

 

Criminal Code 1996. Homicide, or an intentional deprivation of life of another person shall be punished by deprivation of freedom for a term from six to fifteen years (Art 105).

Criminal Code 1926. Intentional homicide committed (…)  e) by a person responsible for providing special care to the victim (…) shall be punished by deprivation of freedom with severe isolation for a term up to ten years (Article 136).

Criminal Code 1960.  A special reference to infanticide (i.e. “Intentional homicide committed (…) by a person responsible for providing special care to the victim”) was excluded and infanticide was included in a general definition of ‘intentional homicide’.

Criminal Code 1996. The homicide by the mother of her newborn baby 1) during or immediately after birth, 2) as well as the killing by the mother of her newborn baby due to a psychotraumatising situation or 3) due to a psychic disorder, not excluding sanity, shall be punished by limitation of freedom for a term from two to four years, or by compulsory work for a term up to five years, or deprivation of freedom for the same term (Art 106).

Institutionalisation of forensic psychiatry
Soviet government sought to strengthen the role of experts, and particularly psychiatrists, in the administration of justice. One of the ways to do so was through the institution of special hospitals and institutes entrusted with both examining and treating mentally abnormal delinquents. The first such institution was the Medical inspection of the prisons of Moscow headed by psychiatrist Tsetsilia (Cecilia) Feinberg. Instituted in 1918, the main objective of the Medical inspection consisted of the supervision of all healthcare-related practices in the Moscow penitentiary sector such as the identification of inmates with serious mental or physical pathologies and their transfer to medical hospitals for treatment. In addition, the Medical inspection received the power to establish new institutions structurally affiliated with it. One of such institutions was a special psychiatric department at a local hospital. In 1922 it would turn into an institute named after famous Russian psychiatrist Vladimir Serbsky. The Serbsky Institute soon became the most authoritative institution in general and forensic psychiatry in Russia and later in the Soviet Union. The latter, in particular, was due to the coming to power of Stalin. In line with the centralization tendencies prevailing in the 1930s, the powers of the Serbsky institute were significantly extended and from being a Moscow city forensic institute it was turned into the All-Union Institute of forensic physiatry in 1935. This means that for all cases decided in any soviet republic the institute was entitled to give its expert opinion (and in practice it was involved in most difficult cases). In this status the Serbsky Institute continued to exist almost until the Perestroika.


The approach to crime and criminality in Russian forensic psychiatry
The early Soviet theoretical works of Russian psychiatrists show that psychiatrists enjoyed a great degree of scientific freedom, both as medical practioners and forensic experts in the courtroom. One of their particular interests was the issue of mental abnormalities and their connection with criminality. This had both a historical continuity with their pre-revolutionary theorizations and disciplinary interconnectedness with other human sciences, particularly criminology. After the Revolution Russian psychiatrists continued regarding deviance and delinquency as a consequence of both biological and environmental factors for which late tsarist capitalism was at least partially responsible. This scientific freedom became, however, much more curtailed in the 1930s. The association between deviance and delinquency came to be seen as ‘lombrosianism’ which was in contradiction with the Marxist view on the social causes of crimes. As a result psychiatrists could no longer generalise on the links between crimes and criminality. Therefore,  up until late 1960s in forensic practice and in theory psychiatrists were forbidden from referring to and further exploring biomedical causes of criminality and deviance. However in practice this trend started changing in the 1950 when psychiatrists started to pay more attention to borderline disorders as such and this trend was increasingly becoming more acceptable also by the Communist Party. In 1960s, criminologists, legal scholars and psychiatrists started to also pay attention to the connection between mental disorders and criminality.

Legal status of the expert
The approach to the role of forensic experts in criminal investigation in Russia was heavily inspired by the Bolshevik’s enthusiasm with sciences, including human sciences. According to Russian criminal law (starting from the Criminal Code 1922, but a similar approach was implemented in the following codes as well), experts had to be involved in criminal investigation if ‘specialised knowledge’ was required to investigate the crime. With respect to psychiatric experts, Russian criminal law prescribed that if during the investigation of a crime or during the trial it became apparent that the suspect had mental issues, then the authorities must have the suspect examined by a psychiatrist or a medical specialist. Psychiatrists, similar to other forensic experts, were also allowed to consult the court files as well as attend the court trial of the case in which they served as forensic experts. Although the law did not require the judge to follow the expert advice, it requested that the judges give their motivations in case they disagreed with the expert opinion. This testifies to an important role that the law accorded to experts.

The relationships between experts and the judiciary: practice
The sources that address the issue of the relationship between the judiciary and the expert provide contradictory evidence about the extent to which the judiciary was ready to follow the expert advice. Many secondary sources, particualrly published in the soviet times, conclude that the judicary followed the expert advice in most cases. The court records from the 1920s that I studied show that the judges were not always ready ready to follow the advice of the forensic expert. For example, they quite often disagreed if the offender committed the offense due to ‘affect’ (similar to provocation of English law): whereas psychiatrists argued that it was affect, the judiciary disagreed, referring to the evidence that – in their view – showed that this was a premeditated offense.

Expertise and the political/ideological interference
Besides ideological influence (see 5.2), psychiatry was also used by the soviet authorities to prosecute dissidents. There is no doubt that the practice of silencing political dissidents through their forced hospitalisation existed in the Soviet Union even though Russian psychiatrists keep on downplaying its significance and scope. The assessment of Soviet psychiatric hospitals by the delegation of US psychiatrists in 1988 as well as the stories of numerous emigres testify that this practice existed. It started at the end of the 1930s, but it reached its peak in the 1970s and 1980s when the concept of ‘sluggish schizophrenia’ was developed by a well-known Soviet psychiatrist and leader of the Moscow school of psychiatry Andrei Snezhnevski and diagnosed in many Russian dissidents. Through applying this diagnosis, the individuals were usually found non-responsible and therefore subject to forced treatment. Most of them were also found ‘particularly socially dangerous’ and therefore isolated in specialised psychiatric hospitals.

Andrei Snezhnevskii was a key personality in Soviet psychiatry. Snezhnevskii delivered the main speech at the Pavlov’s session of 1951, heavily criticizing those Soviet psychiatrists who in their work deviated from Pavlov’s physiology. In 1950-1951 he was the director of the Serbsky Institute.  From 1962 till 1987 he served as director of the Institute of Psychiatry of the USSR Academy of Medical Sciences. The key contribution of Snezhnevsky to Soviet psychiatry was his studies of schizophrenia, called ‘spectrum theory’. Snezhnevsky’s theory of schizophrenia was at the basis of the political abuse of psychiatry in Soviet Russia.

Piotr Gannushkin was a well-known and influential psychiatrist. He developed the nosology of psychopathies, or what he called ‘constitutional psychopathies’. Most fully they were described in his book Manifestations of psychopathies: statics, dynamics, systematic aspects. According to him, psychopathies were ‘borderline disorders’, in the sense of being situated between mental health and mental illness. In addition, he argued that psychopathies did not affect only one aspect of a person’s identity but, instead, their entire personality. This definition of psychopathies is almost entirely synonymous with what is now seen as ‘personality disorders’. In his understanding and explanation of psychopathies, he substantially built on the work of German psychiatrists Ernst Kretschmer and Emil Kraepelin but further detailed and specified the classification of psychopathies.

Andrei Tkatchenko is a well-known Russian sexologist and psychiatrist. From 1994 till 2007 he was the head of the forensic sexology department at the Serbsky Institute. Among his patients were such serial killers as Andrei Chikatilo and Sergei Golovkin. Tkachenko has published much on different aspects of (forensic) sexology, particularly, sexual pathologies (paraphilia), both alone and with other famous psychiatrists such as Ivan Vvedenski and a well-known lawyer and criminologist Yuri Antonian.