Will the Death Penalty in Russia Return?

Abstract

Review. The article is devoted to the problem of death penalty, the possibility of its return in the modern legal practice. The author explains the haste of the steps for its instantaneous withdrawal from the practice of the courts in our country and warns of the perils of the continuation of similar activities in this direction. According to the author, the death penalty should be returned, but it must be, as stipulated by the Constitution of the RF, an exceptional measure of punishment, that is assigned in the most extreme cases. Such cases may not be much. We, all members of the society, have changed a lot. The judiciary has also changed, almost no working judges who had occasion to impose the death penalty. At the same time, the attention is drawn not to the right of a State to execute a criminal (which is widely discussed and written about), but to the fact that the perpetrator has lost the right to life. He, by his own actions, opposes himself to the society and the State. He does not want and cannot live under law and order. It is not necessary to forcibly hold him in the legal field, it is necessary to help him break free from the oppression and, thus, protect ourselves and the entire society from the possible recurrence of such conduct on his part and on the part of those who sympathizes with him. In the event of a return of the death penalty, it cannot return intact. The law must undergone significant changes. In particular, provision should be made for suspension of sentence to death. This right must belong to the Court and the President. It is also necessary to introduce additional checks on the validity of the sentence. In doing so, check should be neither judicial, nor prosecutorial. With time, professionals undergo a certain professional deformation, when in similar situations they make similar decisions, but often some very important and even little things fall out of their sight.