Death sentence of the court: under what condition is it fair?

Abstract

Legal regulation, as well as decisions of the Constitutional Court of the Russian Federation that determine the possibility of a court conviction on the death penalty as an exceptional measure of punishment are considered. The arguments of opponents of the death penalty are analyzed and critically evaluated. It is concluded that the only reason that does not allow the court to impose the death sentence in exceptional cases, categorically supported by society, is the lack of a mechanism to ensure the receipt and recording of absolute evidence of the defendant's guilt, excluding judicial error. The outlines of such a mechanism are suggested.