History of the death penalty in Russia and the current moratorium

The most severe form of punishment under the Criminal Code is the death penalty. Before the moratorium, it was appointed by the court only in cases of especially serious crimes officially proven by the prosecutor.

In many states, this measure has now been canceled because it violates the principles of humanism. Even the Constitution contains information about the possible use of the death penalty, but such punishment cannot be imposed due to the presence of special prohibiting documents. There is currently a moratorium on the death penalty in Russia, but legislators can lift it at any time.

Information from the Constitution

The Constitution is the main normative act in Russia, since it contains information about the constitutional rights and freedoms of citizens.

Article 20 of the Constitution includes the following information:

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• every citizen has the right to life;
• The death penalty is a harsh and rare punishment, which is prescribed for the commission of especially serious crimes, and such a decision is applied by the court only when considering the case materials by an invited jury.

Attention! The right to life is the most significant personal right of a person, and therefore is the highest value of a Russian.

Important point

The period of stay of the convicted person in a psychiatric hospital is counted towards the period of punishment. The court cannot impose imprisonment (instead of execution) for more than 20 years, in the case of a combination of unlawful offenses - more than 25 years, sentences - more than 30 years. If recovery occurs after the end of the specified period, the convicted person is recognized as having served his sentence and is subject to release by court decision.

Historical facts

In Russia, the death sentence was regularly overturned or reinstated. Such decisions were made by different rulers, and changes usually occurred when there was a change in power or political system. Often, Russian legislators were guided by trends in criminal law in the international arena.

Any changes in legislation were formalized by the corresponding regulatory act. Even the rules and methods of death sentences differed at different times. The main historical points include:

1. Ancient Russia . The death penalty was a method of blood feud. In the 11th century it was enshrined at the legislative level. This punishment was used for robbers. Although a ban on execution was later adopted, it was still carried out. According to the Dvina Charter, such a punishment was applied even if theft was committed three times in a row. Later, treason or slander, as well as crimes against religion or the state, were added.
2. The period of the reign of Ivan the Terrible. In 1550, the Tsar adopted a special Code of Law containing information on the rules for imposing the death penalty. This type of punishment has become the most common. People were executed in public, and a variety of tortures were also used. After 100 years, qualification of punishment appeared, so execution became qualified or simple. In the first case, the criminals' heads were cut off, and burning or quartering were also used. In simple executions, hanging was used. Historians claim that Ivan the Terrible preferred to impale those convicted. If the death sentence was imposed on a pregnant woman, it was carried out only after childbirth.
3. Reign of Peter 1 . During this period, a huge number of executions were recorded. Such punishment was applied for 123 violations of the law, but in fact this harsh measure was resorted to quite rarely. Execution was used when there was evidence of treason, rebellion or murder. In other situations, hard labor, corporal punishment or branding were prescribed.
4. The period of Elizabeth's reign until the revolution of 1905 . The daughter of Peter 1 decided to cancel the death sentence. Instead, political execution was introduced, represented by hard labor. Catherine the Great decided not to introduce changes, although members of Pugachev's community were quartered. Under subsequent rulers, hanging and shooting were used, the first method being used for civilians, and execution for the military. During the entire 19th century, no more than 45 people were executed, but after the revolution this punishment began to be used much more often.
5. THE USSR. With the introduction of the Provisional Government in 1917, the death penalty was abolished. But after about 6 months, this restriction ceased to apply, so unwanted persons were simply shot. Such actions made it possible to effectively deal with citizens who were dissatisfied with the established regime. Since 1918, execution without trial has been permitted if the accused is presented as a spy, counter-revolutionary or hooligan. The situation became particularly acute in 1930, as many Russians were executed. Therefore, by the end of the year this penalty was canceled.

Reference! Historians claim that the last person executed in Russia in 1996 was the maniac Golovkin.

Lethal injection.

A method of carrying out the death penalty, which consists of introducing a sentenced solution of poisons into the body.

Used at the end of the 20th and beginning of the 21st centuries, the method was developed in 1977 by forensic scientist Jay Chapman and approved by Stanley Deutsch. The condemned person is fixed in a special chair, and two tubes are inserted into his veins. First, the sentenced person is injected with the drug sodium thiopental - it is usually used (in a smaller dose) for anesthesia during operations. Pavulon, which paralyzes the respiratory muscles, and potassium chloride, which causes cardiac arrest, are then injected through the tubes. Texas and Oklahoma soon passed laws allowing the combination; the first use occurred in Texas in late 1982. Following them, similar laws were adopted in 34 other US states.

Death occurs between 5 and 18 minutes after the start of the execution. There is a special machine for administering drugs, but most states prefer to administer solutions manually, believing this to be more reliable.

Today, 4 countries use lethal injection as the only or one of several types of execution.

Reasons for cancellation

Legally, the death penalty is not abolished in Russia, but it does not operate on the basis of a special moratorium. Information on such penalties is provided in the provisions of the Constitution and. For example, in Art. 59 of the Criminal Code contains information about the punishment represented by execution.

Since the beginning of Yeltsin's reign, executions have not been carried out. In 1996, a decree was published, on the basis of which it was planned to gradually reduce the number of deaths. A moratorium on executions was adopted on February 2, 1999. The Constitutional Court judges prohibited the application of this punishment without a jury. This became the reason for a complete veto on the execution. Since then, government authorities have not considered lifting the moratorium.

On November 19, 2009, judges banned the use of the death sentence when imposing punishment on any court in Russia.

General information

The deprivation of life of a criminal within the framework of legal procedure is laid down in Article 59 of the Criminal Code (CC) of the Russian Federation.
However, the highest measure is allowed only in exceptional cases. The principles of enforcement of criminal legislation are given in the first chapter of the Criminal Code. It appears from the text that one of the main goals of the judicial and law enforcement system is to preserve the rule of law in the country and protect the rights of citizens and society.

Based on the ideology embedded in the Criminal Code, we find that capital punishment is one of the means of ensuring order, tranquility of citizens and the state system. This tool is used in situations where other penalties will not help achieve the goals of the legislation. The system of criminal procedure law was built on this basis before modern Russia joined the Council of Europe (CoE).

Attention: all states that are members of the CE are obliged to comply with the standards adopted by European countries. These include the provisions of the Strasbourg Convention. Article 59 of the Criminal Code of the Russian Federation “Death penalty”

For what crimes is it assigned?

Although there is now a moratorium, the Criminal Code contains information about for which crimes the death sentence can be applied. It is used only in relation to criminals who have committed a particularly serious crime. These include:

• murder with aggravating circumstances;
• an attempt on the life of a person represented by a public figure, judge or law enforcement officer;
• genocide.

The analogue of the death suburb is life imprisonment or a prison sentence of 25 years. Persons serving life sentences have the right to apply for early release, but in practice they face refusal, so they are forced to remain in solitary confinement for the rest of their lives, deprived of almost all joys.

The Criminal Code sets out the specifics of execution in the Russian Federation:

• shooting is used exclusively;
• such a sentence is not imposed on women;
• it is not allowed to execute men who are under 18 years of age or over 65 years of age;
• execution is not imposed on a criminal if he was extradited by another country in which the death penalty is not applied for the committed actions;
• shooting of prisoners to whom the jury was lenient is prohibited;
• execution is carried out non-publicly, so a separate procedure is performed for each criminal;
• The trial must be attended by a doctor and a prosecutor, as well as a representative of the prison or other correctional institution where the prisoner was held before his death.

Important! Now, out of all the former USSR countries, the death sentence is applied only in Belarus, since it has been abolished in Ukraine, and a moratorium is in effect in Kazakhstan.

Types of punishment by taking life

In the legal space of various states, the following types of executions were (are currently being carried out):

• electric shock (chair);
• gas asphyxiation (chamber);
• hanging;
• fatal poisoning (injection of poison);
• stoning;
• execution;
• others.

In the Russian Federation, theoretically, a criminal can only be executed by shooting. The procedure is described in Art. 186 of the Criminal Executive Code. The subtleties of its implementation are as follows:

1. Killing is carried out by shooting in the presence of witnesses. Their number necessarily includes the following officials: prosecutor;
2. doctor;
3. a representative of the institution where the event is held;

An important detail: the body is not given to the family, the burial place is hidden.
Download for viewing and printing: Article 186 of the Criminal Executive Code of the Russian Federation “Procedure for the execution of the death penalty”

What is the replacement for execution?

In Russia, the maximum penalty is life imprisonment. This penalty applies to people who have committed the following crimes:

• aggravated murder;
• genocide;
• encroachment on the life of an official, public figure or representative of law enforcement agencies.

Even with such a sentence, convicted persons may file appeals or requests for early release. They are kept in solitary confinement and are also deprived of many human joys. For many criminals, such a court decision is considered more cruel than a quick death.

Postponement or replacement of a measure

If there is doubt about the normality of the mental state of the culprit, he will be examined by a commission. It consists of three medical specialists. Based on the results of the examination, a protocol is drawn up. If a mental disorder is detected that makes it impossible for the convicted person to understand the social danger and the nature of inaction or action, or to control his behavior, the execution of the sentence is suspended. The protocol is sent to the court. In accordance with the conclusion of the medical commission, the convicted person is released from punishment under Art. 81, part 1, Criminal Code. In return, he is given a compulsory measure - treatment in a psychiatric clinic. Considering the severity of the crime and the danger that the convicted person poses to society, the stay in a specialized hospital is carried out under intensive supervision.

Will the moratorium be lifted?

The debate regarding the need to lift the moratorium never ends. Many legislators believe that all human life is valuable, so there is no need for senseless killings . But the lifelong maintenance of criminals is paid for by the taxes of other citizens, who are often outraged by such injustice. Although there is always a possibility that the accused is not the real criminal.

Regular statistical studies show that the number of Russians who want to return the death penalty to the Russian Federation is increasing every year. Moreover, the initiators of the return of such a strict measure of responsibility are men. The main reason for this opinion is that many maniacs and murderers continue to live, although they have taken the lives of innocent people. These criminals feed and live at the expense of ordinary taxpayers.

But legislators refuse to make a decision on lifting the moratorium. This is because there is always the possibility that someone who has nothing to do with the horrific event will be charged with a violent crime. In practice, situations often occurred when innocent people were accused, which is why the death penalty is still prohibited in Russia.

Reduced use cases

On May 16, 1996, President Yeltsin issued a decree that provided for a gradual reduction in the use of capital punishment in the country. This was due to Russia's entry into the Council of Europe. The decree ordered the development of a draft law for submission to the State Duma on the accession of the Russian Federation to Protocol No. 6 of the Convention on ensuring the protection of freedoms and human rights. This protocol was signed by the President, but has not yet been ratified. In accordance with the legislation of the Russian Federation, it has no legal force. Once the protocol is ratified, the punishment will be abolished. According to the act, no one can be executed or sentenced to death. As an exception, the legislation may provide for a provision that the state has the right to impose punishment for actions committed during war or with its imminent threat.

Prospects for applying punishment

Regarding the issue of further appointment and execution or replacement of execution with imprisonment for life, there is no consensus among employees of the executive system and domestic legislators. In economic terms, it seems more profitable to imprison a convicted person for a long term or until the end of his life. This is due to the fact that the perpetrator can acquire a profession and perform labor duties throughout the entire period established in the sentence, and bring profit to the state. This will compensate for material and partially moral damage from the committed act. This option is also supported by the opportunity to correct or prevent a miscarriage of justice through the manifestation of humanity and compliance with religious, moral and spiritual principles. In this case, the death penalty becomes economically unprofitable and does not allow in any way to compensate for the severity of the crime. Although some experts suggest using the organs of the sentenced person after execution of the sentence for transplantation.