CRIMINAL LIABILITY FOR THE MULTIPLICITY OF INTENTIONAL MURDERS IN AGGRAVATING CIRCUMSTANCES BY "CORRECTION ON PUNISHMENT CRIMINAL AND CORRECTION" IN 1845

Abstract

The article deals with the provisions of "Correction of Criminal and Corrective" in 1845, which envisaged criminal liability for the multiplicity of intentional murders in aggravating circumstances. It is proved that in the "Criminal and Correctional Penal Code" of 1845 for the first time provided for three main forms of multiplicity of crimes: aggregate, recurrence and recidivism. It is established that in contrast to the "Code of Laws of the Russian Empire" of 1832, the new law on criminal liability of 1845 developed a much more perfect model of sentencing the perpetrator, which recorded a number of crimes, because now the legislator established clear rules under which the guilty in the commission of crimes (including premeditated murders) was subject to the maximum penalty provided by the sanction of the relevant article of the Special Part of the Code of 1845. Moreover, on the basis of Art. 136 of the Code of 1845, the court could increase by one or more degrees of punishment, or even replace it with a more severe form. It is determined that in many cases correctional punishments can only be formally considered as milder than criminal ones, because their list includes corporal punishment, exile, etc., which in modern realities are considered not only as harsh measures of state coercion, but also contradictory. principles of criminal law barbaric ways of influencing a person's behavior, aimed at causing the latter physical and psychological suffering. We are convinced that such punishments did not contribute to the correction and re-socialization of convicts, but rather their further associative or even physical destruction. It is concluded that in the Code of 1845 there were a number of rules that revealed the concept and forms of multiplicity of crimes (this document provided for all three forms of multiplicity). In addition, this document enshrined a number of qualified premeditated murders, for which corporal punishment, life or long-term hard labor, etc. were provided. Establishing the fact of multiplicity of premeditated murders significantly affected the type and degree of punishment (the perpetrator was sentenced to the most severe type and measure of punishment provided by the relevant sanction of the Special Part of the Code of 1845, or even the most severe type of punishment, which was not directly provided by the death penalty). bark).