Russia's criminal policy towards the death penalty

Authors

Keywords:

death penalty, criminal policy, tasks of the criminal law, goals of punishment, life imprisonment, crime prevention, general prevention

Abstract

The death penalty is an exceptional measure of punishment, foreign and domestic experience in the application of which still does not allow us to draw an unambiguous conclusion about the validity of its application, and therefore the analysis of this measure in the context of the objectives of the criminal law and the goals of punishment is recognized as relevant. The publication reflects a number of other (related), but rather important factors that affect the final assessment of the appropriateness of this type of punishment (judicial errors, public opinion, etc.). It is argued that the answer to the question "why, despite the prevailing point of view in science about the expediency of restoring the practice of the death penalty, this measure of punishment is not applied?", must be sought taking into account the fact that criminal policy is only part of state policy and the expected positive effect from the introduction of the death penalty is estimated in comparison with quite tangible political preferences from membership in the Council of Europe. It is indicated that the death penalty as an exceptional measure of punishment should be restored, since the tasks of the criminal law are recognized as paramount than the goals of punishment.

Published

2023-03-14