The death penalty as a type of criminal punishment under the Criminal Code of the Russian Federation

The death penalty is one of the types of criminal punishment, an exhaustive list of which is enshrined in Article 44 of the Criminal Code of the Russian Federation.

Currently, the Criminal Code of the Russian Federation provides for the possibility of imposing the death penalty only for crimes related to an attack on human life.

The death penalty has the following characteristics:

exceptional punishment;
can be established only for especially serious crimes: premeditated murder under aggravating circumstances (part 2 of article 105 of the Criminal Code of the Russian Federation); encroachment on the life of a state or public figure (Article 277 of the Criminal Code of the Russian Federation); encroachment on the life of a person administering justice or preliminary investigation (Article 295 of the Criminal Code of the Russian Federation); encroachment on the life of a law enforcement officer (Article 317 of the Criminal Code of the Russian Federation) and genocide (Article 357 of the Criminal Code of the Russian Federation).
the accused is given the right to have the case tried by a jury.

The norms of Chapter 23 of the Criminal Executive Code of the Russian Federation (Articles 184 - 186 of the Penal Code of the Russian Federation) are devoted to the issues of execution of

Who cannot receive the death penalty?

The current Criminal Code of the Russian Federation establishes a ban on imposing the death penalty on any woman , as well as persons who committed crimes under the age of eighteen the age of sixty-five by the time the court pronounces the verdict .

The death penalty is also not imposed on a person extradited to the Russian Federation by a foreign state for criminal prosecution in accordance with an international treaty of the Russian Federation or on the basis of the principle of reciprocity, if, in accordance with the legislation of the foreign state that extradited the person, the death penalty is not provided for the crime committed by this person or non-application of the death penalty is a condition of extradition, or the death penalty cannot be imposed on him for other reasons.

The death penalty is not imposed upon a jury verdict of leniency for preparation for a crime and attempted crime. If the death penalty is imposed, then by way of pardon it can be replaced by life imprisonment or imprisonment for a term of twenty-five years.

The non-application of the death penalty for an unfinished crime is also based on the principles of humanism and justice. At the same time, the legislator proceeds from the position that the death penalty can be imposed only in cases of causing death to other persons.

Survey

It is held once every six months. The convicted person is also examined by a commission of doctors (psychiatrists). If there are no grounds for terminating compulsory treatment, a conclusion on its extension is submitted to the court. For the first time, the decision to continue staying in hospital is made at the end of six months from the start, and subsequent times – annually. If, during the application of compulsory treatment, significant changes in the health status of the perpetrator are revealed, which provide grounds for canceling or adjusting this measure, the examination is carried out regardless of the expiration of any period.

Execution of the death penalty

The death penalty is carried out non-publicly by shooting. The execution of the death penalty in relation to several convicts is carried out separately in relation to each and in the absence of the others.

During the execution of the death penalty, there is a prosecutor, a representative of the institution in which the death penalty is carried out, and a doctor.

The death of the convicted person is confirmed by a doctor. A protocol on the execution of the court sentence is drawn up and signed by the persons present during the execution of the sentence.

Who was executed by mistake?

One of the main arguments of opponents of the death penalty is the impossibility of correcting a judicial error. In 1987, official data were released in the United States, according to which 349 death sentences were erroneously handed down by courts, of which 23 were carried out. For example, in 1927, anarchist workers Nicolo Sacco and Bartolameo Vanzetti were executed in the electric chair for the murder of a cashier at a shoe factory. 60 years later, the authorities admitted a miscarriage of justice.
In 1949, Timothy Evans was hanged in Great Britain on charges of murdering his wife. Four years later, it turned out that the crime was actually committed by serial killer John Christie. The Evans Case and the public debate that followed the discovery of the error led to the abolition of the death penalty in Great Britain in 1965.
In the USSR and Russia there are no statistics on executions by mistake, but it is known that, for example, another person, Alexander Kravchenko, was mistakenly executed for the murder committed by Andrei Chikatilo.

Moratorium on the use of the death penalty in Russia

The death penalty is not applied in Russia, but not on the basis of Decree of the President of the Russian Federation of May 16, 1996 N 724 “On the gradual reduction of the use of the death penalty in connection with Russia’s entry into the Council of Europe,” as some citizens believe. This Decree did not establish a ban on the use of the death penalty and could not be established, since the President did not have such powers. Therefore, the only legal basis for the non-application of the death penalty is Resolution of the Constitutional Court of the Russian Federation of February 2, 1999 N 3-P, from the moment of entry into force of which until the entry into force of the corresponding federal law, providing throughout the Russian Federation for everyone accused of a crime, commission of which the death penalty is established by federal law as an exceptional measure of punishment, the right to have his case considered by a court with the participation of a jury, the death penalty cannot be imposed regardless of whether the case is considered by a court with the participation of a jury, a panel consisting of three professional judges or a court consisting of a judge and two people's assessors.

But this ban on the use of the death penalty is temporary. Formally, this punishment has been retained in the Russian Federation.

On the issue of the use of the death penalty, the legal position of the Constitutional Court of the Russian Federation has currently been expressed.

In accordance with the Determination of the Constitutional Court of the Russian Federation dated November 19, 2009 N 1344-O-R, it is established that the provisions of paragraph 5 of the operative part of the Resolution of the Constitutional Court of the Russian Federation dated February 2, 1999 N 3-P in the system of current legal regulation, on on the basis of which, as a result of a long moratorium on the use of the death penalty, stable guarantees of the human right not to be subjected to the death penalty were formed and a constitutional and legal regime was formed, within the framework of which - taking into account the international legal trend and the obligations undertaken by the Russian Federation - an irreversible process is taking place , aimed at the abolition of the death penalty as an exceptional punishment of a temporary nature (“pending its abolition”) and allowed only during a certain transition period, i.e. to achieve the goal enshrined in Art. 20 (part 2) of the Constitution of the Russian Federation, mean that the implementation of this Resolution in the part relating to the introduction of trial by jury throughout the Russian Federation does not open up the possibility of applying the death penalty, including on a guilty verdict passed on the basis of a verdict jurors. Thus, the death penalty in Russia cannot be used in the future.

Moratorium

On February 2, 1999, the Constitutional Court of the Russian Federation adopted a resolution in which it recognized the unconstitutionality of the possibility of imposing a death sentence without the participation of a jury in the trial. This ban was temporary and only technical in nature. The issue of direct imposition of punishment and its application could not be considered resolved, since execution remained enshrined in the Criminal Code, in Art. 44 and 59. The procedure for its implementation is established in Chapter. 23 Section VII of the Penal Code. At the same time, the issue of rejecting the Federal Law on the ratification of Protocol No. 6 or its adoption was not considered by the legislative bodies for more than 10 years.

From the point of view of the Criminal Code

Criminal law still specifies crimes for which the perpetrator can be deprived of life. These include:

Murder with aggravating circumstances (Article 105).
Genocide (Article 357).
Encroachment on the life of a statesman and public figure (Article 277).
Attempt on the life of a law enforcement officer or persons carrying out investigations and justice (Articles 317 and 295).

The legislation imposes age restrictions on the application of this measure - criminals who are under 18 and over 60, as well as women, cannot be executed.

Judicial practice under Article 59 of the Criminal Code of the Russian Federation

“Review of the practice of the Constitutional Court of the Russian Federation for 2017”
50. By Resolution No. 7-P of March 16, 2022, the Constitutional Court assessed the constitutionality of the provisions of paragraph 2 of part two of Article 30 and paragraph 1 of part three of Article 31 of the Criminal Procedure Code of the Russian Federation, part second article 57 and part two of article of the Criminal Code of the Russian Federation.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated December 5, 2018 N 78-APU18-28

Thus, the sanction of Part 5 of Art. 228.1 of the Criminal Code of the Russian Federation in its legal unity with the provisions of Part 2 of Art. The Criminal Code of the Russian Federation provides for punishment for women in the form of imprisonment for a term of 15 to 20 years. By virtue of Part 4 of Art. According to the Criminal Code of the Russian Federation, for a combination of crimes, the guilty person may be sentenced to imprisonment for a term of up to 25 years.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 19, 2019 N 23-UD19-6

on the basis of Part 5 of Art. The Criminal Code of the Russian Federation for the totality of crimes by partial addition of the punishments imposed by the verdict of June 11, 2002 and by the verdict of August 3, 2005, impose seventeen years and two months of imprisonment. Otherwise, these same court decisions are left unchanged, and the cassation appeal of the convicted Khaidarov R.M. - without satisfaction.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 29, 2018 N 51-APU18-4

The punishment imposed on all convicted persons complies with the requirements of the law, is fair and proportionate to the crime. Provisions of Part 5 of Art. The Criminal Code of the Russian Federation in relation to the convicted Litvinenko was applied correctly by the court of first instance. The court's decision to collect procedural costs from convicted persons in the amounts specified in the verdict complies with the requirements of the criminal procedure law. The conclusions about the amount of procedural costs to be recovered from the convicted persons are motivated in detail by the court in the verdict and are justified.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 29, 2019 N 82-APU18-10

According to paragraph 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2013 N “On the application by courts of legislation regulating the grounds and procedure for exemption from criminal liability”, based on the provisions of Part 4 of Art. Of the Criminal Code of the Russian Federation, the issue of applying statutes of limitations to a person who has committed a crime for which punishment is life imprisonment is resolved only by the court and in relation to all subjects, regardless of whether this punishment can be assigned to the person taking into account the rules of Part 2 of Art. , part 2 and 2.1 art. , part 4 art. and part 4 art. Criminal Code of the Russian Federation.

Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 8, 2017 N 74-UD17-9

In accordance with Part 2 of Art. and part 2 of Art. The Criminal Code of the Russian Federation does not impose life imprisonment and the death penalty on women. In this connection, the most severe type of punishment for committing a crime under Part 2 of Art. 105 of the Criminal Code of the Russian Federation, for women it is 20 years of imprisonment.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 18, 2018 N 59-APU18-2

Since in accordance with Part 2 of Art. and part 2 of Art. The Criminal Code of the Russian Federation does not impose life imprisonment and the death penalty on men who have reached the age of sixty-five by the time the court pronounces the verdict, and also taking into account the absence of aggravating circumstances in the case, the court, when imposing punishment on Tatomir Ya.I. applied the provisions of Part 1 of Art. Criminal Code of the Russian Federation.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated February 22, 2018 N 4-APU18-3

Resolution of the Presidium of the Supreme Court of the Russian Federation dated February 15, 2017 N 6P17

In accordance with Part 2 of Art. , part 2 art. The Criminal Code of the Russian Federation does not impose life imprisonment or the death penalty on women. Therefore, taking into account the requirements of Art. Criminal Code of the Russian Federation, Sklepovich under paragraphs “g”, “k”, part 2 of Art. 105 of the Criminal Code of the Russian Federation, a sentence exceeding 13 years and 4 months of imprisonment could not be imposed.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 23, 2017 N 45-O17-2

Based on the provisions of Part 4 of Art. According to the Criminal Code of the Russian Federation, the issue of applying the statute of limitations to a person who has committed a crime for which punishment is life imprisonment is resolved only by the court, regardless of whether this punishment can be assigned to the person taking into account the rules of Part 2 of Art. , part 2 art. , part 4 art. and part 4 art. Criminal Code of the Russian Federation. Exemption of persons from criminal liability for such crimes is a right, not an obligation of the court.

Resolution of the Constitutional Court of the Russian Federation dated March 16, 2017 N 7-P

ARTICLES OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE COMPLAINT OF CITIZEN V.D. LABUSOV Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges K.V. Aranovsky, A.I. Boytsova, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, S.M. Kazantseva, S.D. Knyazeva, A.N. Kokotova, L.O. Krasavchikova, S.P. Mavrina, N.V. Melnikova, Yu.D. Rudkina, O.S. Khokhryakova, V.G. Yaroslavtseva,

How is this punishment carried out now?

Throughout history, humanity has had to face many cruel and inhumane executions. In ancient times, there was no talk of any human rights, so reprisals were committed in the most monstrous ways, with prolonged painful torture, and the authorities did not interfere with this. There were also more gentle methods of punishment, it depended on the severity of the crime.

The 1984 Geneva Convention against the use of torture and other cruel acts against a person saved the situation. However, she did not rule out the use of lethal punishment, but only softened it.

Subsequently, the following types of executions :

Administration of lethal injection. The convict is placed in a special room, fixed on a bed, and three injections are administered one by one. First, the condemned person faints unconsciously, then the nervous system is paralyzed, and after a few minutes the heartbeat stops. In such rooms, as a rule, there are windows with which you can monitor the process;
Execution. This method is popular in our time in China, and was also common in the USSR. The criminals are handcuffed, their legs are shackled, they are placed against the wall, and policemen stand opposite, carrying out the sentence on command;
Hanging. In modern society it is rarely used. The leader in the number of this type of massacre is Iran. Moreover, in this country to this day the process takes place publicly. The condemned man, handcuffed, is taken to the place of execution, accompanied by police. Mostly a gallows is used, but sometimes a construction crane is used. Death, as a rule, is recorded within 20 minutes from strangulation or instantly from a broken neck, but this is if you are lucky;
Gas chamber. Surprisingly, this method of killing is still practiced in several US states. The criminal is chained to a chair, a device that detects cardiac arrest is attached to it, and a container with sulfuric acid is placed under the chair. Sodium cyanide is remotely placed into a container with acid; during the reaction, a toxic substance is formed, which instantly leads to death if inhaled. Cardiac arrest is recorded within two minutes;
Electric chair. It is considered one of the most cruel types of modern lethal punishment. Formerly the most common method of execution in the United States. Currently used in more than 10 states of America. The condemned person is chained with belts to a special chair made of wood, his mouth and eyes are closed, electrodes are attached to the legs and head of the condemned person, to which a voltage of 2000 volts is applied for one minute, then, after a break of 10 seconds, for another minute. Those watching the process often lose consciousness, because this spectacle is not for spectators with weak nerves.

Puff

The last death sentence in Russia regarding Golovkin was carried out in 1996, and the court's decision was heard back in 1994. Why was the sentence not carried out earlier?

Boris Yeltsin ignored the petitions for a long time, but on the eve of the signing of Protocol No. 6, all complaints (more than 100) were urgently considered. More than half were rejected, and Golovkin’s petition was also included here. For the rest, the death penalty was replaced with life or 25-year imprisonment.