The judicial system plays a central role in the story, accusing, trying, and convicting Aksenov of a murder he did not commit. The flaws of this system reverberate throughout the story.

The judicial system and its flaws first become clear when police officers stop, interrogate, search, and ultimately arrest Aksenov on suspicion of murdering the merchant. Aksenov is overwhelmed by fear, which emerges as the main weapon of the judicial system. This fear renders Aksenov unable to defend himself and makes him appear guilty when he is not.

Moreover, the punishments that the human judicial system imposes are chiefly physical and bodily in nature. When convicted, Aksenov is beaten and sent to Siberia, where he becomes prematurely old and gray. Similarly, it is physical punishment that Makar fears from the authorities when Aksenov discovers his attempt to escape. The human judicial system’s fixation on the body contrasts with divine justice’s focus on the spiritual and raises the question of what the law’s purpose even is, as disciplining the body does not necessarily affect a person’s character or soul.

Tolstoy thus depicts the judicial system as fundamentally unjust. Not only are its methods and punishments inherently unfair, but it convicts Aksenov of a crime that he did not commit.